Summary Release from Administration

Under RC 2113.031, a Summary Release from Administration may be filed under only two circumstances:

  1. If the surviving spouse is entitled to one hundred percent (100%) of the family allowance, the gross probate estate does not exceed forty-five thousand dollars ($45,000.00), and the funeral bill has been prepaid, or the surviving spouse has paid the funeral bill or is obligated in writing to pay the funeral bill; or
  2. If the applicant is not the surviving spouse, has paid (or is obligted in writing to pay) the decedent’s funeral and burial expenses, and the value of the probate estate does not exceed the lesser of five thousand dollars ($5,000.00) or the amount of the decedent’s funeral and burial expenses.

Items necessary to file a Summary Release from Administration:

  1. Funeral bill which indicates who paid the funeral expenses, or who is obligated in writing to pay them;
  2. Complete a Medicaid Recovery Acknowledgment form;
  3. The base court cost deposit is $133;
  4. If you are filing the Will “For Record Only,” you will need to present the original will and the Application to File Will For Record Only.  There is an additional Seven Dollar ($7.00) filing fee for this filing; and
  5. Complete the applicable Probate Forms listed below. 

Note: The Application must be signed in the presence of either a Notary Public or a Deputy Clerk of this Court.

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


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