Probate in Ohio
Ohio probate is administered by the Probate Court in the county where the deceased resided. Estates with gross assets over $35,000 generally require formal probate (or $100,000 if the surviving spouse is the sole heir). Ohio has two main administration tracks: standard administration and release from administration (the simplified procedure for small estates).
Ohio probate typically takes 6–12 months. The state uses a supervised administration system by default, though courts have discretion. Executor compensation is set by statute at a percentage of the estate's value.
Simplified estate procedures
Ohio's release from administration procedure is available when the estate's gross value is $35,000 or less (or $100,000 if all assets pass to the surviving spouse). The surviving spouse or next of kin files a summary in probate court and assets are distributed without full administration.
Ohio also allows a personal property transfer affidavit for estates with personal property only (no real estate) valued at $5,000 or less, available 30 days after death.
Death certificates
Ohio death certificates are issued by the Ohio Department of Health (ODH) and by county health departments. The cost is $26 per certified copy from ODH; county health department prices are similar. Order online through ODH's vital statistics portal or through VitalChek.
The funeral home files the initial certificate. Ask them to order at least 10–12 certified copies when filing — banks, insurance companies, and the Social Security Administration each typically require an original certified copy.
Estate and inheritance tax
- State estate tax: Ohio repealed its state estate tax effective January 1, 2013. There is no Ohio estate tax or inheritance tax.
The federal estate tax applies only to estates above $13.61 million (2024 threshold).
Notable rules
- Creditor claim period: 6 months from the date of death, or 3 months from the date the executor notifies creditors — whichever is later.
- Executor compensation: Ohio statute sets executor fees at 4% of the first $100,000, 3% of the next $300,000, and 2% of the balance, plus reasonable attorney fees.
- Surviving spouse rights: Ohio provides a surviving spouse with an elective share of the estate — the right to take a portion of the estate regardless of the will.
- Transfer on death deed: Ohio allows Transfer on Death Affidavit for real estate, allowing property to pass directly to named beneficiaries without probate.
Key contacts
- Ohio Department of Health (vital records): odh.ohio.gov
- Ohio Courts probate locator: supremecourt.ohio.gov
- Ohio State Bar Association lawyer referral: ohiobar.org