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No out-of-court small estate affidavit. Ohio uses two cour…Verified against the statute July 29, 2026

Ohio Small Estate Affidavit

Ohio does not offer an affidavit-only route for small estates. Here is what it requires instead.

Check if you qualifyHow to use it

Ohio at a glance

Estate value limit
$35,000
Gross value
Wait after death
None
The affidavit can be used immediately
File with a court?
Yes, required
Court approval comes first
Covers real property?
Yes
Under the same affidavit
Notary required?
Yes
Sign in front of a notary
Who can sign
Release from administration (R
Per the statute

Is your estate under the $35,000 limit?

Enter a rough total of what they owned in their own name alone. Leave out jointly-held accounts and anything with a named beneficiary. Those don’t count.

Nothing you type here is saved or sent anywhere.

The $35,000 limit, and what actually counts

Gross date-of-death value of the assets of the decedent's probate estate. R.C. 2113.03(A) sets $35,000 or less as the general cap for release from administration. A raised cap of $100,000 or less applies where the decedent devised/bequeathed all assets to the surviving spouse, or died intestate with a surviving spouse entitled to all assets under R.C. 2105.06 or 2106.13. Separate, much lower cap for summary release under R.C. 2113.031: for a non-spouse applicant, the lesser of $5,000 or the amount of the funeral/burial expenses; for a qualifying surviving spouse, the R.C. 2106.13 $40,000 support allowance plus up to $5,000 funeral/burial (i.e., $45,000). Non-probate assets (survivorship, TOD/POD, beneficiary designations) are not counted.

What doesn't count toward the limit

This is where most people wrongly rule themselves out. In Ohio, these are left out of the calculation:

  • Payable-on-death and transfer-on-death accounts
  • Funeral and last-illness expenses

Who can sign the affidavit

Release from administration (R.C. 2113.03(B)): "any interested party" may file the application: typically the surviving spouse, an heir, a devisee, or the nominated executor. Summary release (R.C. 2113.031(B)): only (1) a person (spouse or not) who has paid or is obligated in writing to pay the decedent's funeral and burial expenses, or (2) the surviving spouse who is entitled to 100% of the R.C. 2106.13 allowance for support and whose funeral expenses were prepaid or who has paid/committed in writing to pay them. Wage affidavit (R.C. 2113.04): the surviving spouse, then any one or more children age 18+, then the decedent's father or mother, in that order. Vehicle affidavit (R.C. 4505.10(B)/2106.18): the surviving spouse only.

Either. Testate and intestate estates both qualify. If testate, R.C. 2113.03(F) requires that the will be presented for probate first and, only 'if admitted to probate,' may the court relieve the estate from administration and order distribution under the will. So the will must be filed and admitted before or with the release application (Form 2.0 Application to Probate Will, Form 2.1 Waiver of Notice of Probate of Will, Form 2.2 Notice of Probate of Will, Form 2.4 Certificate of Service of Notice of Probate of Will).

The affidavit must be signed in front of a notary. Most banks and UPS Stores have a notary; many charge under $15.

Can it transfer a house or land in Ohio?

Real property is reachable. There is no separate real-property-only affidavit in Ohio, and no companion instrument with its own threshold (unlike CA Prob. Code 13200). R.C. 2113.03(B) authorizes the court to order 'delivery of personal property and transfer of real property to the persons entitled,' and R.C. 2113.03(E) lets the court appoint a commissioner to execute conveyance instruments, including for a sale under R.C. 2127.011. R.C. 2113.03(G): the release order 'shall have the same effect as administration proceedings in freeing real property in the possession or under the control of an innocent purchaser for value from possible claims of unsecured creditors.' The real property must be counted inside the same $35,000/$100,000 cap, which is why the release route is rarely usable when a house is in the probate estate. Title instrument: for a full release under 2113.03 the release order itself substitutes for a certificate of transfer (R.C. 2113.61 expressly excepts 2113.03 estates from the certificate application requirement); for a summary release under 2113.031 an Application for Certificate of Transfer (Form 12.0) and Certificate of Transfer (Form 12.1) must accompany the application, and the certificate is recorded with the county recorder in each county where the land sits (R.C. 2113.61). Form 5.10 has a dedicated checkbox for 'Real estate described in accompanying Form 12.0.. and Form 12.1.. [Attach verification of value.]'

How to use a small estate affidavit in Ohio

  1. 1

    Confirm you're under the limit and past the wait

    Add up the property that passes through the estate and check it against the $35,000 ceiling. Gross date-of-death value of the assets of the decedent's probate estate. R.C. 2113.03(A) sets $35,000 or less as the general cap for release from administration. A raised cap of $100,000 or less applies where the decedent devised/bequeathed all assets to the surviving spouse, or died intestate with a surviving spouse entitled to all assets under R.C. 2105.06 or 2106.13. Separate, much lower cap for summary release under R.C. 2113.031: for a non-spouse applicant, the lesser of $5,000 or the amount of the funeral/burial expenses; for a qualifying surviving spouse, the R.C. 2106.13 $40,000 support allowance plus up to $5,000 funeral/burial (i.e., $45,000). Non-probate assets (survivorship, TOD/POD, beneficiary designations) are not counted.

  2. 2

    Gather the documents

    You'll need certified copies of the death certificate: order at least three, since institutions often keep one: plus account numbers, the vehicle title or VIN, and the names and addresses of every heir.

  3. 3

    Complete the affidavit

    Fill in No out-of-court small estate affidavit. Ohio uses two court-filed applications instead: "Release from Administration" (R.C. 2113.03, Probate Forms 5.0/5.1/5.6) and "Summary Release from Administration" (R.C. 2113.031, Forms 5.10/5.11). Both require a probate court application and a judge's entry/order. There is no affidavit a successor can hand directly to a bank. Narrow true-affidavit exceptions exist only for a deceased employee's wages up to $5,000 (R.C. 2113.04) and a surviving spouse's vehicle transfer up to $65,000 total (R.C. 2106.18 / 4505.10(B))., listing the decedent, the heirs and their relationships, the assets and their values.

  4. 4

    Sign it in front of a notary

    Sign in front of a notary public. Banks, credit unions and shipping stores all offer notarization, usually for a small fee.

  5. 5

    File it with the probate court

    Filed in the Probate Court of the Ohio County of the decedent's domicile (a division of the Court of Common Pleas). An order/entry issues in both routes. This is not a self-executing affidavit. Release from administration: Form 5.0 Application to Relieve Estate From Administration, Form 5.1 Assets and Liabilities of Estate to be Relieved from Administration, Form 5.2 Waiver of Notice, Form 5.3 Notice of Application, Form 5.4 Publication of Notice, Form 5.5 Proof of Publication, Form 5.6 Entry Relieving Estate from Administration; plus Form 1.0 Surviving Spouse, Children, Next of Kin, Legatees and Devisees, and Form 12.0/12.1 if real estate is involved. Summary release: Form 5.10 Application for Summary Release from Administration and Form 5.11 Entry Granting Summary Release From Administration. Filing fees are set by each county probate court (Sup. R. 66 / local cost schedules) and are not statewide, typically roughly $75-$130 for release from administration and around $50-$85 for summary release, plus newspaper publication cost where not waived. Do not hard-code a fee; link to the county cost schedule. Institutions are presented with a certified copy of the court's entry, not with an affidavit.

  6. 6

    Present it to whoever holds the property

    There is no general statutory duty on Ohio banks to honor a successor's affidavit, and no general statutory safe harbor for paying on one, because no such affidavit exists. Institutions act on a certified copy of the probate court's entry (Form 5.6 or Form 5.11), which under R.C. 2113.03(B) directs 'delivery of personal property and transfer of real property to the persons entitled.' Employer safe harbor, R.C. 2113.04: where a deceased employee's wages or personal earnings do not exceed $5,000, the employer may pay the surviving spouse, then any one or more children 18 or older, then the father or mother, without letters testamentary or letters of administration and without an estate tax release; the payment 'shall be a full discharge and release to the employer from any claim' for the amount paid, and the recipient is liable to a later-appointed executor or administrator for the sum received. Title-office safe harbor, R.C. 4505.10(B): the clerk transfers the decedent's automobile interest to the surviving spouse on the required affidavit without administration, subject to existing liens. Real property purchaser protection, R.C. 2113.03(G): a release order frees real property in the hands of an innocent purchaser for value from possible claims of unsecured creditors, to the same extent as administration proceedings.

Where to take the signed affidavit

The bank

There is no general statutory duty on Ohio banks to honor a successor's affidavit, and no general statutory safe harbor for paying on one, because no such affidavit exists. Institutions act on a certified copy of the probate court's entry (Form 5.6 or Form 5.11), which under R.C. 2113.03(B) directs 'delivery of personal property and transfer of real property to the persons entitled.' Employer safe harbor, R.C. 2113.04: where a deceased employee's wages or personal earnings do not exceed $5,000, the employer may pay the surviving spouse, then any one or more children 18 or older, then the father or mother, without letters testamentary or letters of administration and without an estate tax release; the payment 'shall be a full discharge and release to the employer from any claim' for the amount paid, and the recipient is liable to a later-appointed executor or administrator for the sum received. Title-office safe harbor, R.C. 4505.10(B): the clerk transfers the decedent's automobile interest to the surviving spouse on the required affidavit without administration, subject to existing liens. Real property purchaser protection, R.C. 2113.03(G): a release order frees real property in the hands of an innocent purchaser for value from possible claims of unsecured creditors, to the same extent as administration proceedings.

The DMV

Separate, non-court route for a surviving spouse only. R.C. 2106.18: on the death of a married resident, the surviving spouse may select one or more automobiles not passing by survivorship, TOD designation, or will, provided 'the sum total of the values of the automobiles selected by a surviving spouse.. shall not exceed sixty-five thousand dollars'; the selected vehicles pass to the spouse upon title transfer and are excluded from the estate inventory. R.C. 4505.10(B): the clerk of the court of common pleas (county Title Office) transfers the decedent's interest to the surviving spouse without administration on an affidavit filed with the title stating the date of death, that each automobile is not disposed of by testamentary disposition, an approximate value for each, and a description of each; 'the transfer does not affect any liens upon any automobile.' Agency: Ohio BMV / county Clerk of Courts Automobile Title Division. Form number not verified in this session, the BMV forms index and candidate PDF URLs returned 404/403, so do not publish a 'BMV 37xx' number until confirmed against bmv.ohio.gov. R.C. 4505.10(C)-(D) separately allow direct transfer on a death certificate for joint-with-survivorship titles and TOD beneficiary designations. Watercraft/outboard motors have a parallel rule. Vehicles can alternatively be listed on Form 5.0/5.10 and transferred by the probate court's entry.

The employer

Final wages and accrued leave can usually be claimed with the same affidavit. Ask their payroll department what they need, most have a standard process.

Debts and your personal liability

Release from administration does not cut off creditors early. R.C. 2113.03(H): any delivery of personal property or transfer of real property under a release order 'is made subject to the limitations pertaining to the claims of creditors set forth in divisions (B) and (C) of section 2117.06.' R.C. 2117.06(B): 'All claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period.' R.C. 2117.06(C): claims not presented within six months are forever barred as to all parties including devisees, legatees and distributees. So a distributee who receives assets under a release order can be reached by a creditor who presents within six months. Form 5.1 requires the applicant to schedule the estate's liabilities as well as its assets. Summary release requires attaching a receipt, contract, or other document confirming payment of or written obligation for funeral and burial expenses. Under R.C. 2113.04, a person who receives a deceased employee's wages is 'liable to the executor or administrator for the sum received' if administration is later granted. Medicaid estate recovery obligations survive; R.C. 2113.041 gives the Medicaid administrator a route to reach a decedent's sole-name financial account where no estate has been opened.

When you can’t use it

Ohio takes the affidavit route off the table when:

  • Probate estate assets exceed $35,000 (or $100,000 where the surviving spouse takes everything), full administration required
  • Any pending proceeding for administration of the estate, or a pending/granted release under R.C. 2113.03, blocks a summary release application (R.C. 2113.031(C))
  • Assets discovered after the order that push the estate over the cap, the applicant must swear no other assets are known
  • Testate decedent whose will has not been presented for probate: R.C. 2113.03(F) requires the will be presented and admitted before the court may relieve the estate
  • Summary release: applicant has not paid and is not obligated in writing to pay funeral/burial expenses
  • Summary release for a spouse: decedent left minor children who are not children of the surviving spouse (the statutory 'surviving spouse' definition fails), or the spouse is not entitled to 100% of the allowance for support
  • Creditor claims: transfers remain subject to the 6-month claim window of R.C. 2117.06(B),(C); a contested creditor situation practically forces full administration
  • Disputes among heirs, need for someone with fiduciary powers to sue, sell, or manage assets, or need for an estate tax/Medicaid estate recovery resolution
  • Assets held outside Ohio requiring ancillary administration

If any of those apply, a probate attorney is the right call. A typical small-estate proceeding runs $1,000–$3,000 plus the court’s fee.

Ohio small estate affidavit FAQ

Statute and sources

Last verified July 29, 2026. No change to the $35,000 / $100,000 release-from-administration caps in the last three years. Amendment history from the Ohio Legislative Service Commission's official current-version pages: R.C. 2113.03 last amended by S.B. 124, 129th G.A., effective January 13, 2012. R.C. 2113.031 current version from H.B. 426, 126th G.A., effective October 12, 2006. R.C. 2113.04 last amended by S.B. 124, 129th G.A., effective January 13, 2012. R.C. 2106.13 last amended by H.B. 7, 134th G.A., effective August 17, 2021 (allowance for support at $40,000; this is the figure that drives the surviving-spouse summary-release cap to $45,000; earlier versions October 31, 2001 H.B. 85 and April 6, 2017 H.B. 432). R.C. 2106.18 and R.C. 4505.10 effective April 6, 2017 (H.B. 432, 131st G.A.), the $65,000 automobile selection cap dates from that amendment. R.C. 2113.041 effective September 29, 2013. Ohio does not index any of these amounts.

  • Ohio Rev. Code § 2113.03 (Release from administration; $35,000 / $100,000 caps)
  • Ohio Rev. Code § 2113.031 (Summary release from administration)
  • Ohio Rev. Code § 2113.04 (Payment of wages of deceased employee without administration; $5,000)
  • Ohio Rev. Code § 2106.13 (Allowance for support; $40,000)
  • Ohio Rev. Code § 2106.18 (Surviving spouse selection of automobiles; $65,000 aggregate)
  • Ohio Rev. Code § 4505.10(B) (Title transfer of decedent's vehicle to surviving spouse by affidavit)
  • Ohio Rev. Code § 2117.06(B),(C) (Creditor claims barred 6 months after death)
  • Ohio Rev. Code § 2113.61 (Certificate of transfer for real property)
  • Ohio Rev. Code § 5301.252 (Affidavit of facts relating to title, evidence only, does not transfer title)

What we're less sure about

  • WebSearch quota for this session was already exhausted before research began, so the requested keyword sweeps ('Ohio small estate affidavit limit 2026', 'Ohio small estate threshold increase') could NOT be run. Amendment status rests entirely on the Ohio Legislative Service Commission official current-version pages at codes.ohio.gov, which label R.C. 2113.03 as last amended by S.B. 124 effective 1/13/2012. Re-run the amendment sweep before shipping.
  • Ohio BMV / Clerk of Courts form number for the surviving-spouse vehicle transfer affidavit under R.C. 4505.10(B) is UNVERIFIED, bmv.ohio.gov forms index and candidate PDF URLs returned 404/403. Do not publish a form number until confirmed.
  • Division lettering of R.C. 2113.03 should be re-checked against the LSC text before any citation appears in a filing: the fetched summary rendered (A) thresholds, (B) application/notice, (C) appraiser, (D) allowance for support, (E) commissioner, (F) testate/will, (G) innocent purchaser, (H) creditor limits, (I) estate tax return duty, yet division (A) opens 'Subject to division (I) of this section,' which reads oddly against an estate-tax subsection.
  • Probate court filing fees are set county by county under local cost schedules; the ranges given are indicative only and must be pulled per county.
  • R.C. Chapter 2123 (determination of heirship) was not independently read in this session; confirm its scope and whether it is a viable consumer route before publishing content about it.
  • Whether Ohio has any statute permitting a financial institution to release a small deposit balance to a successor without a court order was not located; R.C. 2113.041 is a Medicaid estate recovery provision, not an heir remedy. Treat 'no such statute' as probable but unconfirmed.
  • Form 5.10 carries an effective date of March 1, 2008 and recites $40,000 on its face; confirm the Supreme Court has not reissued the form and that the recited figure still matches R.C. 2106.13 at the time of use.

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