Release from Administration Information
• Short Form
• Long Form
• Summary Administration
• Real Estate Only
• Release from Administration Questions
• What you need to bring into Court
• Court Costs
• Release From Administration Guidelines
• Legal Practice in the Probate Court
• Release Forms
In an estate where there is a surviving spouse who inherits the entire estate and the gross estate is less than $100,000.00 (one hundred thousand dollars) or if other than the surviving spouse inherits and the entire gross estate is less than $35,000.00 (thirty-five thousand dollars) the estate may be eligible to be Released From Administration.
Ohio Revised Code 211.01 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. Ohio Revised Code 2113.03 relieves an interested party who is bringing the estate before the appropriate probate court, of the requirements of Ohio Revised Code 2113.01, if certain prerequisites are met.
1. The statutory monetary limits have been met, (see below)
2. 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,
3. All interested parties (next of kin, will beneficiaries, and creditors) must be given notice of the filing of the application for release from administration and/or any hearing set on the matter, and
4. The decedent’s creditors will not be prejudiced by approval of the application.
There are Four Formats or Packets of Forms Used in the Release from Administration.
1. Short Form
1. The monetary limit is seven thousand and two hundred dollars ($7,200.00) where there is a surviving spouse who will take all of the estate assets.
2. The monetary limit is two thousand and two hundred dollars ($2,200.00) for anyone else.
3. A person who paid the decedent’s funeral bill can use this packet to obtain reimbursement from the estate.
2. Long Form
1. The monetary limit is currently one hundred thousand dollars ($100,000.00) for the surviving spouse and thirty-five thousand dollars ($35,000.00) for any one else.
2. Where there is a surviving spouse, the surviving spouse must receive all of the estate according to the decedent’s will, or Ohio Revised Code 2105.06 (intestacy), Ohio Revised Code 2106.13 (family allowance which is currently forty thousand dollars ($40,000.00).
3. This does not include intestate (no Will) estates where there is real estate that is not the mansion house (see Ohio Revised Code 2106.10) or adjoining real property of the decedent’s interest in the mansion house exceeds the surviving spouse’s monetary share.
3. Summary Administration
1. For dates of death on or after August 30, 2000, Summary Administration is a new method of administering an estate where the total assets are less than forty thousand dollars ($40,000.00), and the surviving spouse is entitled to all of the assets in the estate. Real or personal property, in the decedents name, that has a value of forty thousand dollars ($40,000.00) or less can be transferred by the Court to the surviving spouse upon the completion of a Summary Administration packet and its filing with the Court.
4. Real Estate Only
1. When the decedent died owning an interest in real estate,
2. and the transfer of the decedent’s real estate is based on the Statute of Decent and Distribution (Ohio Revised Code 2105.06), or Family Allowance (Ohio Revised Code 2106.13), or the decedent’s Will, and
3. the decedent’s date of death was longer than six months ago and no creditors have filed claims against the estate.
Release From Administration Questions
These questions are frequently asked to determine which packet of forms should be filed with the Court.
Is there a will? (The original will must always be filed with the Court)
Who are the beneficiaries named in the will?
Is there a surviving spouse?
Who are the next of Kin? (Ohio Revised Code 2105.06)
What is the total value of the assets in the probate estate?
What are the probate assets?
Has the funeral bill been paid?
Who paid the funeral bill?
Are there any other debts?
What You Need To Bring Into The Court
Original will of the decedent
Compete packet of forms
Copy of death certificate
Proof of funeral home payment in full
Court Costs
Court Costs start at $38.00 and go up to $73.00. Payments must be made by cash, check, money order or credit card (visa or master card).
Release From Administration Guidelines
Date of Death Beneficiaries Assets
1967-12/3/1971 Any Not to exceed $3000.00
12/3/1971 –1/1/1976 Any Not to exceed $5000.00
1/1/1976-10/19/1987 Any Not to exceed $15,000.00
10/20/1987-11/09/1994 Any Not to exceed $25,000.00
Subsequent to 11/09/1994 Any Not to exceed $35,000.00
04/16/1993-09/13/1993 *all to surviving Not to exceed $50,000.00
spouse
09/14/1993-11/09/1994 *all to surviving Not to exceed $85,000.00
spouse
Subsequent to 11/09/1994 *all to surviving Not to exceed $85,000.00
Spouse
Subsequent to 03/18/1999 *all to surviving Not to exceed 100,000.00
Sposue
• All of the assets must go to the surviving spouse pursuant to the decedent’s will, or the family allowance, or intestacy under Ohio Revised Code 2105.06 and there must be a marriage pursuant to Ohio Revised Code 3101. This does not include common law marriages under section Ohio Revised Code 3105.12.
Legal Practice In The Probate Court
Legal practice in the Probate Court is restricted by law to attorneys who are licensed by the Supreme Court of Ohio. Due to the complexity of the law and desire to avoid costly errors, an attorney represents most individuals who have filing before the Court. Court employees are prohibited by statute from practicing law and cannot give legal advice.