Ohio Small Estate Affidavit Checker

Ohio doesn't hand you a form to take to the bank — it hands you a court order. "Release from Administration" still needs a probate judge, even for a $10,000 estate.

O.R.C. 2113.03, 2113.031 FigureMyTax Editorial Team Free · no sign-up

Does this Ohio estate qualify?

Answer a few questions about the estate to see which track, if any, applies.

$
Likely path for this Ohio estate
—
How do I actually file? →
Facing probate in Ohio?

A local probate attorney can review your estate — many offer a free consultation.

Talk to an Ohio attorney

A court order, not a bank-facing affidavit

Unlike states where a sworn affidavit goes straight to a bank, Ohio's shortcut — Release from Administration under O.R.C. 2113.03 — still runs through the probate court. An interested party applies, the court reviews the value and the applicant's entitlement, and issues an order that banks and other institutions rely on — not the application itself.

Two thresholds, one for spouses

The estate qualifies if its total assets are $35,000 or less, regardless of who the heirs are. A second, higher threshold of $100,000 applies specifically when a surviving spouse is entitled to the entire estate, whether through a valid will or through Ohio's intestacy law.

An even smaller, faster track for funeral costs

Below both thresholds sits Summary Release from Administration (O.R.C. 2113.031), reserved for estates barely large enough to cover funeral and burial expenses — generally capped at $5,000 for a non-spouse applicant, or the surviving spouse's family support allowance plus up to $5,000 of funeral costs.

Real estate counts here, unlike many states

The threshold counts the full value of the decedent's probate assets, and that calculation can include real property — which can then be transferred under the court's release order too, a genuine contrast to states that exclude real estate from their small-estate process outright.

Ohio's probate courts operate county by county

The application is filed with the probate court in the county of the decedent's residence — Franklin, Cuyahoga, Hamilton, Summit, Montgomery, Lucas, Stark, or any of Ohio's 88 counties. The thresholds themselves are set statewide by statute; only the local filing fee and forms vary.

Ohio small estate — frequently asked questions

Does Ohio have a bank-facing small estate affidavit?

No. Ohio has no self-executing affidavit you hand directly to a bank. Instead, an interested party applies to the probate court for Release from Administration under O.R.C. 2113.03, and the court's order — not a sworn affidavit alone — is what banks and other institutions rely on.

What is Ohio's small estate threshold?

$35,000 or less in total probate assets, or up to $100,000 if a surviving spouse is entitled to the entire estate, either under a valid will or through Ohio's intestacy law.

Is there an even smaller, faster Ohio process?

Yes — Summary Release from Administration under O.R.C. 2113.031, generally limited to covering funeral and burial expenses, capped at $5,000 for a non-spouse applicant, or the surviving spouse's family support allowance plus up to $5,000 of funeral costs.

Can Ohio's Release from Administration include real property?

The threshold counts the full value of the decedent's probate assets, and real property can be part of that calculation and later transferred under the court's order — unlike states that exclude real estate from their small estate process entirely.

Can I use Ohio's small estate process to transfer a car?

Yes — once the court grants Release from Administration, the vehicle is retitled at the county Clerk of Courts title office under O.R.C. 4505.06, a different office than the BMV deputy registrar that handles ordinary registration.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Ohio statute (O.R.C. 2113.03, 2113.031). Actual eligibility depends on the estate's full facts and the probate court's own review. Confirm with the county Probate Court or a licensed Ohio attorney before acting.