Laws
- Appraisal – For relief from administration, the petitioner is responsible for having the estate appraised if necessary.[1]
- Days After Death – No statute.
- Maximum Amount ($) – For relief from administration, $35,000[2] or $100,000 if the decedent is survived by a spouse named in their will or their spouse is entitled to receive their complete estate per R.C. § 2105.06.[3] For summary release from administration, $5,000[4] or $40,000 if the applicant is the decedent’s spouse and sole heir and must pay for funeral expenses.[5]
- Publishing—For relief from administration, the petitioner must publish the petition filing in a widely circulated newspaper in the county of the decedent’s final residence unless the court waives or finds the notices unnecessary.[6] There is no requirement for a summary release from the administration.
- Signing – The petitioner, their attorney (if they have one), and a probate judge must sign the affidavit.
- Statutes – Chapter 2113: Executors And Administrators – Appointment; Powers; Duties; Chapter 2016: Rights of Surviving Spouses.
How to File (4 steps)
Note: The following steps are for relief from the administration process. If the estate qualifies, obtaining a summary release from the administration is more accessible. The necessary form may be found here.
2. Complete Paperwork
Gather and complete the following required documents:
- Application to Relieve Estate from Administration
- Decedent’s Will (if it exists)