Ohio offers successors a simplified probate process if a loved one dies in the state without a last will and testament. If the estate meets the definition of “small estate,” then loved ones may file either an affidavit of heirship or a small estate affidavit to collect the decedent’s property and avoid the time and expense of probate court. In Ohio, if the surviving spouse files the affidavit, then the estate can value as must as $100,000; however, if other successors file the affidavit, then the estate may not value more than $35,000.
Affidavit of Heirship: if a surviving spouse files to collect finances like bank accounts, the allowable amount is $100,000; however, if other successors file for heirship, then $35,000 is the total allowable amount.
Small Estate Affidavit: real estate property may be worth up to $100,000 if a surviving spouse applies, but otherwise the estate may only be worth $35,000.
In Ohio, successors may file an affidavit of heirship to claim a decedent’s property and administer it outside of probate court. The affidavit process is governed by statute Ohio Rev. Code Ann. § 2113.03. Successors may claim personal property like bank accounts, trusts, and vehicles valued up to $35,000. However,…