There is no Affidavit procedure available in Ohio. There is a summary probate procedure available for estates worth $35,000 or less, or where a surviving spouse inherits everything, either under a Will or by law (such as with joint tenancy property) and the value of the estate is less than $100,000.
Not everything a person owns is part of their "Estate" for probate purposes.
If you're wrapping up the estate of a Ohio resident who died with an estate that's worth less than a certain dollar amount, you won't have to go through a formal probate court proceeding.
It doesn't matter whether or not the deceased person left a will; what matters is the value of the assets left behind. If the estate's value is under the "small estates" limit in Ohio, you can take advantage of a simplified probate procedure, often called a "summary probate." Instead of having a court hearing in front of a judge, you may need only to file a simple form or two and wait for a certain amount of time before distributing the assets.
In some states, it can be even easier: Inheritors can use a simple affidavit to claim assets. (An affidavit is a statement you sign in front of a notary, swearing something is true.) If you live in one of those states, you just have to wait a required period of time, then sign a simple, sworn statement that no probate proceeding is happening in your state and that you are the person entitled to inherit a particular asset--a bank account, for example.
When you are trying to determine whether or not an estate's value is below the Ohio small estates limit, the first thing to do is make a list of the assets. A simple spreadsheet or list will do.
Not everything a person owns counts, though.
Include only the things that pass to heirs and beneficiaries by will or, if there's no will, by Ohio intestacy laws, which determine who inherits if there is no will.
These assets don't count towards the small estate limit because they pass to the named beneficiaries regardless of what a will (or state intestacy law) says. If a person had a life insurance policy with a named beneficiary, the insurance proceeds won't count either.
Some states also don't count the amount of money owed on a car, or a house, while others count the fair market value of an asset, even it is subject to a loan or a mortgage.
For example, say Donald died in Ohio and owned the following assets:
To figure out whether Donald is above or below Ohio's small estate limit, only the bank accounts and car would be counted, for a total of $11,412.
His IRA and the life insurance proceeds aren't counted towards the limit because they will go to his beneficiaries directly. The value of the car is included because he doesn't owe money on it.
That means the value of Donald's estate is under the Ohio small estates limit. His son and daughter, who inherit his assets under Ohio's intestacy laws because Donald had no will, would follow the small estates procedure.
Ohio offers options for expedited or simplified probate procedures, namely the "Summary Release from Administration", "Relief from Administration", and "Full Administration". Always consult with a probate attorney to verify this information and get personalized advice.
This process bypasses the need for a full probate procedure, which can involve multiple court hearings, appointment of a personal representative, and extensive paperwork. This procedure is outlined in Ohio Revised Code Section 2113.031.
This procedure avoids a full probate process with its associated costs and time commitments. This is governed by Ohio Revised Code Section 2113.03.
The full administration process avoids the ongoing court supervision, provided all the parties agree to the same. This procedure is governed by Ohio Revised Code Section 2113.14.
