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Small Estate Affidavit and Related Forms Package for Estates Not More Than 35,000 (or $100,000 and Inherited by Spouse Only) - Ohio 2025

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The document is a legal form packet prepared by U.S. Legal Forms, Inc. for the State of Ohio, specifically for applying to relieve an estate from administration under Ohio Revised Code Section 2113.03. It includes instructions on completing the forms, a disclaimer regarding legal advice, and various forms necessary for the application process, such as the Application to Relieve Estate from Administration, Notice of Application, and Entry Relieving Estate from Administration. The document outlines the procedure for filing these forms in probate court and provides details on required information about the decedent's estate.

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How to use or fill out Small Estate Affidavit and Related Forms Package for Estates Not More Than 35,000 (or $100,000 and Inherited by Spouse Only) - Ohio

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Click ‘Get Form’ to open it in the editor.
Begin with the 'Application to Relieve Estate from Administration' form. Fill in the decedent's name, date of death, and domicile address accurately.
Complete the section regarding the assets. Indicate whether the decedent had a will and check the appropriate asset value box based on the decedent's date of death.
List all known creditors and their claims in the designated area. Ensure that you provide complete names and accurate amounts.
Proceed to fill out the 'Assets and Liabilities of Estate' form. Provide a summary statement of assets, marking appraised values where applicable.
Once all forms are completed, print three copies for filing. Ensure that each form has a heading with court details filled out.
File your application at the Probate Court in the county where the decedent resided, paying any required fees.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is the limit on small estate affidavits in Ohio?

No Administration The monetary limit is currently $100,000 for the surviving spouse and $35,000 for any one else. If there is a surviving spouse there must be proof of a valid marriage under Ohio Revised Code 3101.

How to obtain a small estate affidavit in Ohio?

How to Fill Out a Small Estate Affidavit in Ohio Step 1: Determine Eligibility. Before filling out the affidavit, confirm that the estate qualifies for a small estate affidavit under Ohio law. Step 2: Gather Necessary Information. Step 3: Complete the Affidavit Form. Step 4: File the Affidavit with the Court.

Can anyone fill out a small estate affidavit?

Of course, you should always be prepared to consult your estate planning attorney if matters are complicated. Otherwise, most individuals can complete their small estate affidavit on their own.

What is the surviving spouse allowance in Ohio?

Regardless of the choices detailed directly above, Ohio law dictates that $40,000.00 is set aside from the assets of an estate if the deceased died leaving a surviving spouse and/or minor children. This is commonly known as a spousal allowance or family allowance, and is considered a priority claim.