Overview of probate administration in Ohio

Probate is a legal process to decide what to do with everything a person owned when they died. This is called “administering” the person’s “estate.”  

You may come across probate terms including:

• Estate. An “estate” consists of the assets and debts of the person who died. 
• Decedent. The person who died is called the “decedent.” The people who will get the person’s assets and property are called the “heirs” or “beneficiaries.”  
• Heirs. “Heirs” are people who inherit under Ohio law when there is no will.   
• Beneficiaries. When there is a will, the people who inherit under the will are called “beneficiaries.”  

Some assets can be transferred outside of probate court, but it’s common to have at least some that must go through probate court. You may have different options, depending on the type of assets involved, the total value of the estate and your relationship to the person who died.

Possible options in probate court include:

• Full administration: Usually the only option for a large or complex estate.
• Release from administration: A faster option for some small estates worth $100,000 or less with a surviving spouse, or $35,000 or less with no surviving spouse. Find the forms you need for a release from administration.
• Summary release from administration: A simpler option for some smaller estates worth $40,000 or less with a surviving spouse where the funeral was paid by the spouse or prepaid, or $5,000 or less with someone who paid for the funeral. Find the forms you need for a summary release from administration.
• Certificate of transfer for real estate only: A less common option that may be used if you only need to transfer real estate, such as when the person’s house is the only asset. Find the forms you need for a certificate of transfer for real estate only.

Keep reading to learn more about each option. 

Full administration

Full administration is the most involved process. Sometimes it’s the only option.

In a full administration, there’s a multi-step process to figure out everything the person owned, pay debts and transfer assets to heirs.

You may need to go through a full administration whether or not the person had a will.

• If the person had a will, it should explain how the person wanted their property to be distributed. Usually the will names an executor, who will carry out the person’s wishes and take steps required by the probate court. Dying with a will is called “testate.”
• If the person did not have a will, the court will use Ohio law to determine who gets what. For example, property usually goes to the surviving spouse, if there is one, or to the person’s children. The court will name an administrator to handle the steps involved in the process. Dying without a will is called “intestate.” 

The steps in a full administration usually include: 

• File an application in probate court. You file in probate court in the county where the person lived. You can find probate court information on this page under “Local Government and Community Resources.” You file the will, if there is one. The court validates or “admits” the will.
• The court names an executor or administrator. The court appoints someone to handle the steps in the probate process. The person is a fiduciary of the estate. They must act in the best interest of the estate, not in their own best interest or the interest of the people who will inherit property. The person is either called an executor or administrator, depending on if there’s a will and if the person was named in the will.
• The executor or administrator notifies others. They send notice of the probate of the will to all next of kin and beneficiaries of the deceased person. They file a certificate of notice of probate of the will, if there is a will.
• They complete a full inventory of the estate. The executor or administrator figures out all the property the person owned and all the debts they owed. Then they file an accounting with the court.
• Debts are paid. Debts owed by the estate must be paid. For example, debts may include funeral costs, payments to creditors or money owed to Medicaid.
• Remaining assets go to the heirs. After debts are paid, remaining property can be distributed to the heirs or beneficiaries.

Full administration can take 6 months to a year. Sometimes it can take years from start to finish, based on the circumstances of the estate. 

Full administration can be complex, it can be helpful to find a lawyer to help you. 

Release from administration

Small estates may be able to avoid the full administration process by getting a “release from administration.”

Whether you qualify for a release depends on your relationship to the person and the value of the estate.

There are two cases where you can apply:

• Surviving spouse, estate $100,000 or less: If you’re the surviving spouse and you’re entitled to all the assets in the estate, you usually qualify for a release from administration if the value of the estate is $100,000 or less.
• No surviving spouse, estate $35,000 or less: If there’s no surviving spouse, you may qualify for a release from administration if the value of the estate is $35,000 or less.

A release from administration takes much less time than a full administration, and the costs to apply are usually lower too.

Learn more about a release from administration, including step-by-step court forms.

Summary release from administration 

Smaller estates may qualify for a simpler process called a summary release from administration.  

There are two cases where you can apply: 

• Surviving spouse, funeral paid by spouse or prepaid, estate $40,000 or less: If you’re the surviving spouse, you paid the funeral or it was prepaid, and you’re entitled to the full family allowance, you may qualify for a release from administration if the value of the estate is $40,000 or less, plus up to $5,000 in funeral expenses. You are not eligible if your spouse left behind minor children who are not also your children. 
• You paid for the funeral, estate $5,000 or less: If you paid for the funeral and the total value of the estate is $5,000 or less, you may qualify for a release from administration. To be eligible, you must pay or be obligated in writing to pay the funeral and burial expenses and those expenses must be more than the value of the estate.

The court takes about 1 to 2 weeks to process your application for a summary release from administration. The cost is usually less than a general release from administration.

Learn more about summary release from administration, including step-by-step court forms. 

Certificate of transfer only 

A certificate of transfer is a document from the probate court. It lets you transfer real estate to a new owner. You may need a certificate of transfer to get a house in your name after the owner dies. 

Most people apply for a certificate of transfer as part of a full administration or a release from administration. 

It’s not common to apply for only a certificate of transfer. But it could be an option in some cases, like when the house is the only asset.

Learn more about applying for a certificate of transfer only, including step-by-step forms.

Some property transfers without probate 

Sometimes, property is set up in a way that avoids the need for probate. This kind of property is a “non-probate asset.”

Common examples are:

• A house with Right of Survivorship. It’s common for married couples to own a house together with “right of survivorship.” When one spouse dies, their share automatically transfers to the other spouse. Check the deed to the house to see if it’s a survivorship deed. You can get the deed from the county recorder. You will still need to file an affidavit of survivorship and death certificate of the person who died with the county auditor and county recorder. Affidavit of survivorship forms are often available on your county auditor’s or recorder’s website. You can find your county auditor on the County Auditors Association of Ohio website and find county recorder information on this page under “Local Government and Community Resources.”
• An account with Payable on Death beneficiary. If a bank account was set up with a Payable on Death beneficiary, then the beneficiary should be able to access the money without going through probate. Check with the bank for information.
• A home or car with Transfer on Death beneficiary. If there’s a valid Transfer on Death for the home or for a vehicle, it can be transferred without going through probate. Check with the county recorder to find out if there’s a Transfer on Death for the home. You will still need to file an affidavit of confirmation with the county auditor and recorder. Affidavit of confirmation forms are often available on your county auditor’s or recorder’s website. You can find your county auditor on the County Auditors Association of Ohio website and find county recorder information on this page under “Local Government and Community Resources.” For a car, check with the county clerk of court’s title office to find out if there’s a Transfer on Death for the vehicle.
• Vehicles your spouse owned. If you’re the surviving spouse, you can transfer an unlimited number of vehicles, worth up to $65,000 total, to yourself after your spouse dies. You can also transfer one boat and one outboard motor. You will need to complete the Surviving Spouse Affidavit and file documents with your county clerk of court’s title office. Learn more about transferring vehicle titles from the BMV.
• A bank account in joint ownership. If you had a bank account together in a joint ownership or joint tenancy with right of survivorship, then when one owner dies, their portion automatically transfers to the other owner without the need for probate.
• Property in a trust. Assets in a trust may be transferred without going through probate. 
• Life insurance. A life insurance policy should name a beneficiary, who gets the money when the policy owner dies. Money usually can be paid directly to the beneficiary without going through probate.
• Retirement benefits. A retirement account usually names a beneficiary who can be paid without going through probate.

Handling an estate after someone dies can be complicated. If possible, try to find a lawyer if you can.