Does Ohio require probate?
Not always. Ohio offers two simplified processes for smaller estates: Release from Administration (for estates under $35,000, or $100,000 if the surviving spouse inherits everything) and Summary Release from Administration (for very small estates under $40,000 to $45,000 when a surviving spouse is involved).
Larger estates go through full probate in the Probate Court.
What court handles probate in Ohio?
Probate in Ohio is handled by the Probate Court in the county where the deceased person lived. Each of Ohio's 88 counties has its own Probate Court, which manages estate administration, will validation, guardianships, name changes, and marriage licenses.
Ohio does not impose a strict deadline to file for probate, but prompt filing is recommended.
Release from Administration
Release from Administration is Ohio's primary small estate process, offering a faster and cheaper alternative to full probate.
| Situation | Threshold |
|---|---|
| General | $35,000 or less |
| Surviving spouse inherits everything | $100,000 or less |
Key rules:
- Only probate assets count toward the threshold. Assets titled solely in the deceased's name with no beneficiary designation or joint ownership. Life insurance, retirement accounts, jointly held property, and trust assets do not count.
- Real estate is generally excluded from this process, but special court permission can allow it under certain circumstances.
- An Application for Release from Administration is filed with the Probate Court, including a death certificate, itemized list of assets and debts, and proof the estate meets the threshold.
- Notice must be given to the surviving spouse and heirs-at-law. Newspaper publication may also be required unless waived by the court.
Summary Release from Administration
This is an even simpler process for very small estates:
For a surviving spouse: The surviving spouse can apply if they are entitled to 100% of the family allowance and the estate's total assets do not exceed $40,000. An additional $5,000 can be added if the spouse paid or is obligated to pay funeral and burial expenses, bringing the maximum to $45,000.
For someone other than the surviving spouse: A non-spouse who paid or is obligated to pay funeral expenses can apply if the estate's value does not exceed the lesser of $5,000 or the amount of those expenses.
The court reviews the application, and if approved, issues an order releasing the estate from administration and directing the transfer of property to the applicant.
What if there is no will?
When someone dies without a will in Ohio, the estate follows intestate succession rules:
- Spouse, no children. The surviving spouse inherits everything.
- Spouse and children (all shared). The surviving spouse inherits everything.
- Spouse and children from a prior relationship. The surviving spouse receives the first $20,000 plus one-third of the remaining estate. The children inherit the rest equally.
- Children, no spouse. Children inherit everything equally.
- Parents (no spouse or children). Parents inherit everything.
- Siblings (no spouse, children, or parents). Siblings inherit equally.
For a broader overview, see our guide on handling an estate without a will.
What makes Ohio different?
Tiered small estate system
Ohio's dual-track system of Release from Administration and Summary Release from Administration gives families more options than many states.
The $100,000 threshold for estates where the surviving spouse inherits everything is notably generous and allows many families to avoid full probate.
No state estate or inheritance tax
Ohio repealed its state estate tax in 2013. As of 2025, there is no state estate tax and no state inheritance tax. Only the federal estate tax applies, and only to estates exceeding approximately $13.99 million.
County-level Probate Courts
Each of Ohio's 88 counties has its own Probate Court, which means procedures, forms, and local rules can vary from county to county. Filing fees and publication requirements may differ.
Check with the specific county's Probate Court for local requirements.
For a general overview of the probate process, see our guide on how probate works. If you need to order death certificates, see our guide on how to get death certificates in Ohio.
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