• Long Form
• Summary Administration
• Real Estate Only
• Release From Administration Questions
• What You Need To Bring Into The Court
• Court Costs
• Release From Administration Guidelines
• Legal Practice In The Probate Court
• Release Forms

1. The statutory monetary limits have been met, (See Below)  

2. All probate assets must be reported with the initial application filed with the Court as the Court will not approve the release of partial assets,  

3. All interested parties (next of kin, will beneficiaries, and creditors) must be given notice of the filing of the application for release from administration and/or any hearing set on the matter, and  

4. The decedent’s creditors will not be prejudiced by approval of the application.  

Long Form

 
1. The monetary limit is currently one hundred thousand dollars ($100,000.00) for the surviving spouse and thirty five thousand dollars ($35,000.00) for any one else.  
2. Where there is a surviving spouse there must be proof of a valid marriage under Ohio Revised Code § 3101.  
3. When there is a surviving spouse, the surviving spouse must receive all of the estate according to the decedent's will, or Ohio Revised Code § 2105.06 (intestacy), Ohio Revised Code § 2106.13 (family allowance which is currently forty thousand dollars ($40,000.00).  
4. This does not include intestate (no Will) estates where there is real estate that is not the mansion house (see Ohio Revised Code § 2106.10) or adjoining real property and the surviving spouse is not the parent of the decedent’s children and/or the decedent’s interest in the mansion house exceeds the surviving spouse’s monetary share.

Summary Administration

 
1. A person who is not the surviving spouse of the decedent who has paid or is obligated in writing to pay the decedent's funeral and burial expenses may apply for an order granting summary release from administration if the value of the assets does not exceed the lesser of five thousand dollars ($5,000.00) or the amount of the decedent's funeral and burial expenses.
2. Where there is a surviving spouse who is entitled to all of the assets of the estate and the total assets are less than forty thousand dollars ($40,000.00), the assets can be transferred to the surviving spouse by a summary administration. In addition, if the surviving spouse has paid or is obligated in writing to pay the decedent's funeral and burial expenses, an additional amount, the lesser of five thousand dollars ($5,000.00) or the amount of the decedent's funeral and burial expenses may be claimed by the surviving spouse for a maximum of forty-five thousand dollars ($45,000.00).

Real Estate Only

 
1. When the decedent died owning an interest in real estate, and  
2. the transfer of the decedent’s real estate is based on the Statute of Decent and Distribution (Ohio Revised Code § 2105.06), or Family Allowance (Ohio Revised Code § 2106.13), or the decedent’s Will, and
3. the decedent’s date of death was longer than six months ago and no creditors have filed claims against the estate.

• Is there a will?  (The original will must always be filed with the Court)
• Who are the beneficiaries named in the will?
• Is there a surviving spouse?
• Who are the next of kin?  (Ohio Revised Code § 2105.06)
• What is the total value of the assets in the probate estate?
• What are the probate assets?
• Has the funeral bill been paid?
• Who paid the funeral bill?
• Are there any other debts?

• Your government issued identification card with your picture
• Original will of the decedent
• Complete packet of forms
• Certified copy of the death certificate
• Proof of funeral home payment in full
• In cases where the value of the assets is over thirty five thousand dollars ($35,000.00), the surviving spouse will need to provide a certified copy of the marriage abstract if there is no will
• Verification of the existence of asset(s) in the decedents name:

• Bank Statements
• Copy of auto title (includes mobile homes, trailers, boats, motors and motorcycles)
• Deed to real property
• Last paycheck
• Stocks Bonds

Court costs start at $93.00 (CASH ONLY*) If a hearing is required, a ten dollar ($10.00) charge  for publication of the hearing date is added to the Court Costs.

*Payment must be made by cash, certified check, cashier's check, money order or attorney's check. Personal checks, credit and/or debit cards are NOT accepted.