{"id":375690,"date":"2016-03-31T21:36:20","date_gmt":"2016-04-01T02:36:20","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/ohio-law\/ohio-probate-laws.html"},"modified":"2016-06-20T19:51:06","modified_gmt":"2016-06-21T00:51:06","slug":"ohio-probate-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/ohio-law\/ohio-probate-laws.html","title":{"rendered":"Ohio Probate Laws"},"content":{"rendered":"\n
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Ohio Probate Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Definition of Probate<\/h2>\n

In Ohio, probate<\/a> is the legal process that happens after a person (the"decedent<\/a>") dies, regardless of whether the person died with a valid will<\/a> or without a valid will. If a decedent dies with a will, then their property is distributed according to the will. If a person dies without a will, then Ohio probate laws dictate how the decedent’s assets are distributed. Probate isn’t always required after someone dies; it depends on what assets the decedent owned.<\/p>\n

The Probate Process in Ohio<\/h2>\n

A probate proceeding begins when the court appoints someone to handle the administration of estate, i.e. a personal representative<\/a>. Many times the decedent will already have named the personal representative in his or her will. If not, the court or clerk of the court will appoint someone (see below).<\/p>\n

He or she must:<\/p>\n

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  1. Assemble all the decedents assets;<\/li>\n
  2. Pay the bills (Funeral Expenses, Creditors, Taxes, and general administration expenses);<\/li>\n
  3. Distribute Any Assets that Are Left Over.<\/li>\n<\/ol>\n

    Types of Estate Administration<\/h2>\n

    The process of administering the estate will vary depending on whether or not the decedent had a valid will and the type of probate administration the decedents estate will have to go through. In Ohio, if a decedents estate is small enough, the law allows the estate to be probated using a simplified process called "release from administration" or "summary release from probate."<\/p>\n

    See Probate Court<\/a>, State Probate Courts<\/a>, Avoiding Probate<\/a>, and Estate Taxes<\/a> for more information.<\/p>\n\n
    Code Section<\/b><\/td>\nOhio Revised Code Section 2107.01<\/a> et. seq.<\/td>\n<\/tr>
    Types of Probate Administration<\/b><\/td>\n

    Probate of a Small Estate (2 Types)<\/u><\/b><\/p>\n

    Release from Administration Requirements<\/u><\/b> (Expedited Probate Proceeding)<\/p>\n

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    • Surviving spouse inherits all of the property and value of estate is less than $100,000<\/li>\n
    • Value of the estate is less than $35,000<\/li>\n<\/ul>\n

      Summary Release From Administration Requirements<\/u><\/b> (No probate proceeding at all)<\/p>\n

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      • Value of the estate is less than $5000 or the funeral\/burial expenses amount to $5000<\/li>\n
      • Estate is worth less than $45,000 and all assets will transfer to the surviving spouse<\/li>\n<\/ul>\n<\/td>\n<\/tr>
    What Assets Go Through Probate?<\/b><\/td>\n

    Probate is necessary when a person dies leaving property in his or her own name (such as a house titled only in the name of the decedent) or having rights to receive property.<\/p>\n

    Examples: Bank accounts in the decedents name with no co-owner and no beneficiary designation; Real estate that is owned by the decedent individually; Real estate that is co-owned as tenants in common; Stocks and Bonds in the Decedents name, tangible possessions such as clothing, jewelry, household furniture, and cars registered in the Decedents name only<\/p>\n<\/td>\n<\/tr>

    What Assets Skip Probate Entirely<\/b><\/td>\n
    Who Supervises and Decides Probate Cases?<\/b><\/td>\nOhio Probate Courts<\/a><\/td>\n<\/tr>
    Estate Taxes<\/b><\/td>\nNo, Ohio does not have a separate estate tax<\/a> . The law changed as of January 1, 2013.<\/b><\/td>\n<\/tr>
    List of Forms<\/b><\/td>\n

    Ohio Probate Forms<\/a><\/p>\n<\/td>\n<\/tr><\/tbody><\/table>\n

    Ohio probate laws can be tricky. Please consider contacting a local Ohio probate attorney<\/a> who can help you better understand the current rules and procedures.<\/p>\n

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