Release from administration

Release from administration lets you skip or avoid “full administration” from the probate court. Full administration is the probate court’s process for handling a person’s estate – figuring out what they owned, paying any debts and passing the remaining assets to their family or heirs.  

Full administration can take a long time and be expensive, so getting a release may save you time and money.

But it’s not for everyone.

You may not want a release from administration if: 

• The person who died had a lot of debt.  
• You don’t know enough about the person’s debts. 
• Family members disagree. 
• There are other complications. 

Some courts don’t allow a release from administration if the person owed more money than their property is worth, which means the estate is insolvent.

Sometimes full administration by the probate court is the best option.

If possible, talk to a lawyer for help with settling an estate.

Eligibility for release from administration 

There are two cases where you can apply for release from administration: 

• You are the surviving spouse, and the value is $100,000 or less.  To be eligible as the surviving spouse, you must be entitled to all the assets of the estate.  The value of all assets that must go through probate can’t be more than $100,000.
• The value is $35,000 or less. If there is no surviving spouse, the heirs or beneficiaries may be eligible for a release from administration if the value of all assets that must go through probate is $35,000 or less.

There are some additional requirements. You can use our Release from Administration Form Assistant for step-by-step help to learn more and complete the required forms. 

Smaller estates, generally less than $40,000, may qualify for a simpler process called summary release from administration. Learn more about summary release from administration.

How to calculate the value

You only need to include property that must go through probate.

Not all property necessarily has to go through probate. Some property may be set up in a way that avoids the need for probate. This kind of property is called a “non-probate asset.”

Don’t include “non-probate” assets

For example, the following are usually non-probate assets:

• A house with Right of Survivorship. It’s common for married couples to own a house together with “right of survivorship.” If there is a 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 to transfer ownership fully to you. 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. 
• Bank account in joint ownership. If you owned a bank account or investment 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 and investment accounts. A retirement or investment account usually names a beneficiary who can be paid without going through probate.

Sometimes assets that seems like a non-probate asset still must go through probate. It may not have been set up properly to avoid probate.

It’s also common for a person to have some assets that must go through probate and some assets that do not. 

Add up all the “probate assets” 

Probate assets are the assets that must go through probate. Usually, it’s assets that were in the deceased person’s name only and did not have a beneficiary or joint owner. It could include bank accounts, vehicles, real estate, stocks or other assets in the person’s name.

To calculate the value of the probate assets, add: 

• Vehicle trade-in values. Find the average trade-in value of the vehicle on the day the person died. Vehicle values are available from Kelley Blue Book or NADA. You will need the year, make, model, body type, VIN and certificate of title of the vehicle.
• Bank account balances. Use the balance of the account on the date of death. Be careful with checking accounts. There may be some checks that still need to be cashed or deposited. 
• Stocks and bonds values. Check with your probate court to find out how it calculates the value of stocks and bonds. Courts generally use the “closing value” or the “average” on the person’s date of death. You will need the total number of shares, the issuer’s name, the transfer agent and serial number.
• Real estate tax value. Usually, you can use the full tax value from the county auditor. You will need a copy of the deed with the full legal description of the property and Parcel ID numbers.
• Other assets. The person may have had other assets. If you can't determine the value of the assets, you may need an appraiser. 

Courts may calculate values differently. Check with your probate court and its local rules to learn how it calculates values.

Note that calculating the value of probate assets is different from calculating the value of property for tax purposes.

How to apply for release from administration

To apply for release from administration, you must complete a packet of forms and include supporting documents. You can use the Release from Administration Form Assistant on this site to fill out the forms you will need.

Documents you need include:  

• The original will, if there is one 
• A certified copy of the death certificate 
• The funeral bill or the paid receipt showing who paid the funeral 
• Auto title, bank account and stock certificate information, if applicable 
• The fair market or book value of real property, motor vehicles and other recreational vehicles 
• Surviving spouse, children and next of kin form 

Your probate court may require additional documents. 

The forms you will fill out will depend on whether the deceased person owned real estate, if they were over 55 and received Medicaid, and the requirements at your local probate court.  

Check your local probate court's website to see if they require additional forms or documentation.  

Next of kin 

You must give the probate court a list of the deceased person's “next of kin.” Next of kin is based on Ohio law.  

• It starts with the spouse and children, if the deceased person had them. 
• It could include others. Next of kin could also include the deceased person’s parents, grandparents and siblings. The list will depend on the person's family and who has already died and the date of death of that specific person. 

You can use the Release from Administration Form Assistant on this site to answer questions that will take you step-by-step through who will be considered next of kin. 

When you have the next of kin:

• Provide each person’s complete address. Be sure to include the complete mailing address for everyone listed as next of kin.
• Provide minor children’s information. Be sure to include the minor’s date of birth and the name of legal or physical custodian of the minor along with that custodian’s address.
• They can waive notice. Next of kin and/or beneficiaries can sign a form to give up their right to get notice of your application. It doesn’t mean they give up the right to get an inheritance. It just means they agree not to get an official notice about your application.
• Or you may need to “serve” them. If they don’t sign the waiver, you will need to serve them – that is, notify them with official court documents.

If family members disagree or there are other complications, you may want to talk to a lawyer.

Watch out for creditors and debts 

The deceased person may owe money you don’t know about.

It’s common for a person or estate to owe money to:

• The person who paid for the funeral. If someone besides you paid for the funeral, that person will either need to be paid from the estate or sign a waiver of the right to be reimbursed for the funeral.
• Medicaid. If the person lived in a nursing home or got other long-term care services, they likely received Medicaid, even if they also had Medicare for health insurance. In Ohio, Medicaid, not Medicare, is the first payer of insurance coverage for long-term care nursing home services. If the deceased person got Medicaid benefits before they died, the State of Ohio’s Medicaid Estate Recovery Program may have a claim on the property. The State’s claim may take priority over your claim to be paid.
• Mortgage lenders. The deceased person may still owe money on the house.
• Other creditors. Banks, debt collectors or other creditors may have a claim on the property.

You must tell the court about all creditors of the estate and the amount owed to each.  

If you don’t know, it may be better to go with full administration instead of applying for release from administration. It can be hard to get all the information you need right after the person has died. You may want to talk to a lawyer to help you figure out the debts of the estate. 

After you submit your application 

The court takes about 1 to 2 weeks to process applications for release from administration. 

Some courts may require a hearing before approving the application.

If the court grants a release from administration, you can use a certified copy of the court’s order plus the release application to give financial institutions, auto title divisions, corporations, other entities, or people the right to transfer the deceased person’s assets.

You also may need to: 

• Update real estate records. If there is real estate, you must update the real estate records to show the new owner. Take any certificate of transfer issued by the court to the county auditor’s office, and then to the recorder’s office. There may be additional costs and forms to complete at the auditor or recorder’s office.
• Pay taxes. Release from administration does not release you from paying any kind of taxes.

Apply for the homestead exemption, if you qualify. If the deceased person got the homestead exemption to reduce their property taxes, the exemption won't necessarily transfer to the new owner. Factors like your age, disability and income will determine if you qualify. Contact the county auditor's office to find out if you can get the exemption too.