EstateProbate and small estates in Ohio
Last reviewed Oct 29, 2026 · EstateHowTo editorial team · How we research
Key facts
Key factsRelease from administration for estates up to $35,000, or $100,000 if all goes to the surviving spouse.
Ohio executor commissions are set by statute (Ohio Rev. Code § 2113.35); we will publish the schedule after re-checking the current text. Filing fees are set by each county probate court.
Yes. Ohio allows real estate to pass on death by a recorded transfer on death designation affidavit.
Ohio Rev. Code § 2113.03
Do you need probate?
Do you need probate?Assets that usually skip probate:
- Jointly owned property with right of survivorship
- Payable-on-death (POD) and transfer-on-death (TOD) bank and brokerage accounts
- Life insurance and retirement accounts with a living named beneficiary
- Property titled in a living trust
- Real estate with a transfer on death deed, where the state allows one
What usually requires probate:
- Assets in the person’s sole name with no beneficiary or co-owner
- Real estate in the person’s sole name with no TOD deed or trust
- An estate above the state’s small-estate limit, or one that doesn’t qualify for the shortcut
- Debts or disputes that need a court-appointed representative
Ohio shortcut: Release from administration for estates up to $35,000, or $100,000 if all goes to the surviving spouse.
Quick decision guide
- Did the person own anything in their sole name with no beneficiary, co-owner or trust? No → probate is usually not needed (but check the will-filing rule below). Yes → go to 2.
- Is that property under the state’s small-estate limit or eligible for its simplified procedure? Yes → use the shortcut. No → a probate case is usually needed.
What you may still have to do with no probate
Effectively yes, within one year. A beneficiary who knows about the will and controls it, and without reasonable cause conceals it or fails to have it offered for probate within one year after the death, loses what the will leaves them; that share passes as if they had died first.
- A beneficiary who withholds a will or fails to offer it for probate within one year forfeits their gift under it. Source: Ohio Rev. Code § 2107.10, checked Oct 29, 2026.
When do you need probate? · How to file a will after someone dies
Details and sources
- An estate may be released from administration if assets are $35,000 or less, or $100,000 or less when everything passes to the surviving spouse. Source: Ohio Rev. Code § 2113.03, checked Oct 29, 2026.
- A separate summary release from administration is also available in qualifying cases. Source: Ohio Rev. Code § 2113.031, checked Oct 29, 2026.
Find your court: Ohio probate courts by county.