The Estate Desk

Last verified 2026-11-05; facts checked against the primary sources below

Does Ohio have a small estate affidavit, and what is the limit?

Adam Nathan

Reviewed by Adam Nathan, founder of The Estate Desk

Facts checked against the official sources on this page on November 5, 2026. Not legal advice.

Last verified: November 5, 2026

The short answer: Ohio has no small estate affidavit. It has a court application called release from administration, and the limit is $35,000 in estate assets, or $100,000 when the surviving spouse receives everything (Ohio Revised Code § 2113.03(A)). A probate judge must sign an order, so this is not a form you hand to the bank. The statute sets no waiting period; the court decides how long notice runs.

The facts for Ohio

Question What the law says Source
Limit $35,000 or less in estate assets § 2113.03(A)(1)
Higher limit $100,000 or less when the decedent left everything in a valid will to a surviving spouse, or died without a will and the surviving spouse is entitled to all of the assets § 2113.03(A)(2)
Who can apply Any interested party § 2113.03(B)
Waiting period None in the statute. Notice goes to the surviving spouse and heirs "in the manner and for the length of time the probate court directs," and to all interested parties by newspaper publication, unless notice is waived or found unnecessary § 2113.03(B)
What it covers The court's order directs delivery of personal property and transfer of real property to the people entitled to it § 2113.03(B)
Bank accounts Included in the assets. Cuyahoga County Probate Court asks for bank statements showing account numbers and date of death balances Cuyahoga filing guide, updated 12/29/2025
Vehicles Included in the assets. Cuyahoga asks for the title, the vehicle identification number and a printed value from Kelley Blue Book, Edmunds or similar Cuyahoga filing guide
Will If there is a will, it must be presented for probate before the court can release the estate § 2113.03(F)

When assets are not all cash, stocks or bonds with a readily known value, an appraiser chosen by the applicant and approved by the court sets the value (§ 2113.03(C)).

The form and where it is filed

The application is filed with the probate court of the county where the person lived. The Ohio Supreme Court's Form 5.0, Application to Relieve Estate from Administration, cites R.C. 2113.03 and asks you to check the limit that applies. Cuyahoga County Probate Court requires Forms 5.0 and 5.1 (assets and liabilities), a proposed order (Form 5.6), Form 1.0 listing the heirs, a death certificate, a paid funeral bill, and proof of each asset (Cuyahoga filing guide). Other counties may differ, so check the court's forms page for the county where the person lived.

If the person was 55 or older and received Medicaid, Cuyahoga requires the applicant to send notice to the Ohio Medicaid Estate Recovery Program by certified mail (Cuyahoga filing guide).

Two smaller shortcuts

Shortcut The rule Source
Summary release from administration For estates worth no more than the lesser of $5,000 or the funeral and burial expenses, the person who paid them may apply. A surviving spouse has a separate test based on the allowance for support plus up to $5,000 § 2113.031(B)
Spouse's vehicles A surviving spouse may select vehicles not already passing by survivorship, transfer on death or the will. Their combined value cannot exceed $65,000, and they pass outside the estate § 2106.18(A)

What it cannot do

For other states, see the Illinois guide, the Georgia guide, the Texas small estate affidavit guide and the California small-estate affidavit guide.

This is general information about Ohio law, not legal advice. An Ohio estate lawyer or the probate court in the county where the person lived can tell you whether your situation qualifies.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources