Complete Legal Ohio Affidavits Forms For Free

An Ohio small estate affidavit is a form that, when approved, hastens the distribution of the assets of a decedent's estate to the rightful recipients. This helps the estate avoid the traditional probate process, which can be long and expensive depending on the nature of the estate.

Ohio small estate affidavit The petition form must be filed with the court. For even smaller estates in Ohio ? less than $40,000 if there is a surviving spouse, or $5,000 if there is no surviving spouse ? a summary release procedure can be used instead. File a petition with the court to begin.

The basic requirements are as follows: Release from Administration ? There is a surviving spouse who is the sole beneficiary and the estate is worth no more than $100,000, or there is no surviving spouse and the estate is worth no more than $35,000.

What Qualifies As A Small Estate In Ohio? An Ohio estate qualifies as a small estate if the value of the probate estate is: $35,000 or less; OR. $100,000 or less and the entire estate goes to the decedent's surviving spouse whether under a valid will or under intestacy.

FILING THE MOTION FOR COURT HEARING File the motion with the Clerk of Court located in Room 35 on the ground floor of the Cuyahoga County Courthouse, 1 Lakeside Avenue, Cleveland, Ohio 44113. You will be required to pay a ?filing fee? to the Clerk of Court at the time you file the motion.

A simplified and less expensive probate process is available in either of these situations: The estate's value is $35,000 or less, or. The surviving spouse inherits all probate property (either under the deceased spouse's will or if there is no will, by state law) and the value of the estate is no more than $100,000.