Release from Administration in Ohio
Ohio allows small estates to sometimes be released from administration. This does not mean that nothing has to be done with the estate, but instead, provides a shorter probate process. This type of probate is often less costly and not as lengthy as a full administration of an estate.
When an Estate can be Released from Administration
The Ohio Revised Code provides the following conditions that must be met in order for an estate to be released from administration:
(1) The value of the assets of the estate is $35,000 or less; or
(2) The value of the assets of the estate is $100,000 or less and either of the following applies:
(a) The decedent devised and bequeathed in a valid will all of the assets of the decedent’s estate to a person who is named in the will as the decedent’s spouse, and the decedent is survived by that person.
(b) The decedent is survived by a spouse whose marriage to the decedent was solemnized in a manner consistent with Chapter 3101. of the Revised Code or with a similar law of another state or nation, the decedent died without a valid will, and the decedent’s surviving spouse is entitled to receive all of the assets of the decedent’s estate under section 2105.06 of the Revised Code or by the operation of that section and division (B)(1) or (2) of section 2106.13 of the Revised Code.
If either of these apply, then release from administration may be an option.
Release from Administration Process
Nearly all probate matters begin with discussing the case with an attorney. The attorney will prepare necessary forms and they will be signed by the person applying to release the estate from administration. The forms will be submitted to the appropriate probate court along with the filing fee. The Court will review all documents and determine if a hearing is necessary. If a hearing is necessary, one will be scheduled and evidence will be presented to the Court. If a hearing is not necessary, the Court will order the estate to be released and the proper distributions to be made. Once all distributions are made the estate will be closed.