In an estate where there is a surviving spouse who inherits the entire estate and the gross estate is less than $100,000.00 or if other than the surviving spouse inherits and the entire gross estate is less than $35,000.00 the estate may be eligible to be Released from Administration.

O.R.C. 2113.01 requires the appointment of a fiduciary and the issuance of testamentary letters when an estate is opened in the probate court of the county of the decedent’s residence. O.R.C. 2113.03 relieves an interested party who is bringing the estate before the appropriate probate court, of the requirements of O.R.C. 2113.01, if certain prerequisites are met.

A. The statutory monetary limits have been met, (See below)

B. All probate assets must be reported with the initial application filed with the Court as the Court will not approve the release of partial assets.

C. The decedent’s creditors will not be prejudiced by approval of the application.

There are three formats used in the Release of Estate from Administration

1. Short Form

a. The monetary limit is $10,000.00 and no real estate.

2. Long Form

a. The monetary limit is currently $100,000.00 for the surviving spouse and $35,000.00 for any one else.

b. Where there is a surviving spouse there must be proof of a valid marriage under O.R.C 3101.

c. When there is a surviving spouse, the surviving spouse must receive all of the estate according to the decedent’s Will, or O.R.C.2105.06 (intestate) and O.R.C.2106.13 (family allowance which is currently $40,000.00.)

3. Summary Administration

a. Summary Administration is a new method of administering an estate where the total assets do not exceed $45,000.00 and the surviving spouse is entitled to all of the assets in the estate ($40,000.00 family allowance and $5,000.00 funeral and burial expenses.) OR the assets do not exceed $5,000.00 and the applicant has paid or is obligated in writing to pay decedent’s funeral and burial expenses.

FORMS AVAILABLE