What is a release from administration in Ohio?
A probate-court order under R.C. 2113.03 that relieves a small estate from administration and directs delivery of personal property and transfer of real property to the people entitled to it. No executor or administrator is appointed. Ohio Legal Help also calls it "relief from administration." People often search it as a "small estate affidavit," but the small-estate procedures read for this guide are court applications, not an affidavit handed to a bank.
What are the limits?
$35,000 or less in assets (R.C. 2113.03(A)(1)). The limit is $100,000 or less when a surviving spouse is entitled to all the assets — either because a valid will leaves everything to the named spouse who survives, or because there is no will and the spouse takes it all by intestacy (R.C. 2113.03(A)(2)). The court's own Form 5.0 also lists lower limits that apply to deaths before 1994 and 1999.
Does the person who files get the assets?
Not because they filed. Cuyahoga County's guide says any party may file, but the applicant "may not necessarily be entitled to receive all or any part of the decedent's assets merely because they filed," and that applications are reviewed by hearing officers with distribution by law, regardless of the filing party.
Do I need a lawyer?
No statute requires one. Courts are cautious: Delaware County "strongly recommends" counsel and says its deputy clerks cannot help prepare the forms; Cuyahoga warns an incorrect filing is not refunded. Franklin County has an administrative order capping attorney fees in a release at $750 or 2.5% of the assets, whichever is greater, and offers free one-on-one help to unrepresented filers; that cap is one county's.
What does it cost?
The statutory fee for the relief is $60 (R.C. 2101.16(A)(59)). County totals are higher: Delaware County's base deposit is $88, with $20 more if a will is admitted and $5 per titled vehicle; Cuyahoga's fee is $100 with no will and $130 with a will, plus $35 when publication is needed. Certified copies, an appraiser and the recorder's fee are extra.
How long does it take?
There is no statutory waiting period. Delaware County says that once a complete application and documents are filed the entry will generally be approved within one week, depending on whether publication is ordered; an Ohio attorney describes one to two weeks. A will that must be probated first adds a 14-day step in Cuyahoga.
What if there is a will?
The will has to be presented for probate; if the court admits it, it may relieve the estate and distribute under the will (R.C. 2113.03(F)). Cuyahoga will not issue a release order until the original will is received and admitted.
Can it transfer real estate?
Yes. The order can transfer real property, and the court issues a certificate of transfer that you take to the county auditor and then the recorder. R.C. 2113.61 also lets an heir or devisee apply for a certificate of transfer on its own, but only if the debts are paid or secured. The land counts toward the limit.
What debts do I have to worry about?
The court does not run a claims process in a release. Claims not presented within six months after death are barred (R.C. 2117.06(C)), and deliveries are subject to the claims limits in R.C. 2113.03(H). Delaware County says release is not for insolvent estates, and Form 5.1 asks for a list of known debts. If debts are large or unknown, a full administration is the safer route.
Do I have to notify Medicaid?
If the decedent, or the decedent's spouse, is subject to Ohio's Medicaid estate recovery program, yes: the person who files for release must send the program's notice form within 30 days of filing the application (R.C. 2117.061(B)). Cuyahoga ties this to decedents who were 55 or older and received Medicaid.
How is this different from the summary release?
A summary release (R.C. 2113.031) is much narrower: $5,000 or the funeral bill for someone who paid the funeral, or a surviving spouse's $40,000 allowance plus up to $5,000 of funeral expenses. It needs no notice or hearing but only the assets listed in the application. See that guide.
What if we missed an asset?
An asset that was not listed in the entry is not covered. Cuyahoga lets you file a supplemental application, with its own fee, as long as the total of every action stays under the statutory limit.
Which Ohio filing applies to my situation?
As a rule of thumb: probate assets of $35,000 or less (or $100,000 or less when a surviving spouse is entitled to everything) point to a release from administration (R.C. 2113.03), a court application. A very small estate and a person who paid the funeral — no more than the lesser of $5,000 or the funeral bill, or a surviving spouse within $40,000 plus up to $5,000 — points to the summary release (R.C. 2113.031). A house the decedent held with a survivor under a survivorship deed is a different matter: it passed outside probate, and the survivorship affidavit (R.C. 5302.17) records it. The filings cover different property, and one family can need more than one. Probate assets above the limits need a full administration. This is informational only, not legal advice or a determination of which filing applies to your estate.
Does Ohio have a small estate affidavit?
Not under that name, as far as this research found. People search "ohio small estate affidavit," but the small-estate procedures read for this guide are court applications: a release from administration (R.C. 2113.03) and a summary release (R.C. 2113.031). The affidavits Ohio does have — a survivorship affidavit, a transfer-on-death affidavit of confirmation and an heir's affidavit for the auditor — record property that passed outside the court process.
Is an Ohio "affidavit of heirship" the same thing?
No single Ohio instrument goes by that name. R.C. 317.22 lets an heir present to the county auditor an affidavit giving the date and residence at death, the fact that the decedent died intestate, and each heir's name, relationship and share, so the auditor can move real estate that passed by descent into the heirs' names on the tax records; the recorder records it. R.C. 5301.252 allows an affidavit of facts affecting title, including heirship, to be recorded. Separately, Chapter 2123 lets the probate court determine who the heirs are, by a verified complaint and a civil-action process with service on the heirs. Whether a title company will insure on a recorded heirship affidavit without a court order was not verified. This guide does not cover those filings.
Can I get the title to a house with a certificate of transfer alone?
Sometimes. R.C. 2113.61(D) lets an heir or devisee apply to the probate court for a certificate of transfer of real property when no administration was had or is contemplated, and the application must state that the known debts are paid or secured (or that the estate is insolvent and the transfer is of the mansion house toward the spouse's allowance). The court issues the certificate within five days of an application that complies. The statute sets no dollar cap. It is not covered by a separate guide here.
What about a transfer-on-death deed or affidavit?
Those are not covered by this guide. An owner records a transfer-on-death designation affidavit while alive (R.C. 5302.22), and after death the beneficiary records an affidavit of confirmation with a death certificate (R.C. 5302.222). Ohio Legal Help describes the process.
Does Ohio require a lawyer for these filings?
No statute requires one for any of them. Courts are cautious about the court filings: Delaware County strongly recommends counsel and says deputy clerks cannot help prepare forms, and Cuyahoga warns incorrect filings are not refunded. County recorders and auditors cannot give legal advice on the survivorship affidavit.
