Release From Administration

Under RC 2113.03, a surviving spouse may inherit the entire estate, without administration, if the value of the gross estate is $100,000.00 or less.  If there is not a surviving spouse, the heir(s) may be entitled to inherit without administration provided the gross estate has a value of less than $35,000.00.  In either instance relatively minimal relief proceedings are required to be filed with the probate court

The guidelines for the determination can be found on the APPLICATION TO RELIEVE ESTATE FROM ADMINISTRATION, Form 5.0.  Also, the frequently asked questions set forth below should be considered. The local rules should also be reviewed.

Items necessary to file a Release from Administration with a Will:

  1. Paid funeral bill with proof of who paid the funeral bill;
  2. If you are probating the Will, you will need Waivers from those listed on both sides of the Form 1.0, or give Notice of Admission of the Will to them and then file the Certificate of Service of Notice of Probate of Will (Form 2.4) with proofs of service or waivers.  There will be an additional Fifteen Dollar ($15.00) filing fee if the will is admitted;
  3. If there is no will, waivers from any family members who would also have the right to inherit under the Ohio statute of descent and distribution;
  4. The base court cost deposit is $150; and
  5. Complete the Probate Forms listed below that are applicable.

Note:  The Estate Tax filings are not required for decedents who died after December 31, 2012.


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