Survivorship Affidavit vs. Full Probate in Ohio: Which Applies?
A survivorship affidavit is not an alternative to probate. It applies to real property that already passed to the survivor at the moment of death under a survivorship deed (R.C. 5302.17), and it clears the deceased owner's name from the county record. Property the decedent owned alone is probate property: a release from administration (R.C. 2113.03) covers it when the assets are $35,000 or less ($100,000 when a surviving spouse takes everything), and a full administration applies above that. This is informational only and is not legal advice.
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What makes Survivorship Affidavit different from full probate
A survivorship affidavit is not an alternative to probate. It applies to real property that already passed to the survivor at the moment of death under a survivorship deed (R.C. 5302.17), and it clears the deceased owner's name from the county record. Property the decedent owned alone is probate property: a release from administration (R.C. 2113.03) covers it when the assets are $35,000 or less ($100,000 when a surviving spouse takes everything), and a full administration applies above that.
When an estate is pushed into full probate instead
- The deed does not create a survivorship tenancy. If the recorded deed only has "or" between the names, or has no survivor language, the decedent's share did not pass automatically and this filing cannot move it. That share is probate property.
Why it's worth checking first: full probate is slower and typically far more expensive than survivorship affidavit — a probate attorney typically charges $1,500–$4,200+ for the more limited process this guide covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Survivorship Affidavit in Ohio.
Once you know which path applies, here's the next snag
Whichever mechanism fits, what happens after recording is where families lose time. Free one-pager: the real scenarios and what resolves each, emailed now. Then a few short follow-ups over the next few weeks — then we stop.