SmallEstateMap.us
HomeBy stateOhio
OH · Probate Court

Ohio

Small-estate-affidavit threshold and procedure under § O.R.C. § 2113.03.

Verified 2026-05-04
Aggregate (personal + real)
$35,000
statutory cap
No mandatory wait

General path. Real property IS included in the calculation.

Surviving spouse, sole heir
$100,000
spouse-tier cap
No mandatory wait

Surviving spouse is sole heir/devisee. Includes real property.

01

Who is eligible to file

Ohio's relieve-from-administration path has a higher cap when the surviving spouse is sole heir or devisee:

  • Surviving spouse, when sole heir or devisee — files at the spouse-tier cap
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Ohio's intestate-succession statute
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: General path. Real property IS included in the calculation.

Real property
Eligible — included in calculation

Statute includes real property in the threshold calculation. Ohio is one of the few states whose small-estate path explicitly covers real property when spouse is sole heir/devisee.

03

Where to file

File with the Probate Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Ohio judicial system operates an authoritative court locator.

Find your county’s Probate Court via the Ohio judicial council website. Search for “Ohio Probate Court county locator” or visit the state government court directory.

04

Form & statute

Form
  • Form 5.0 Application to Relieve Estate from Administration
Statute
§ O.R.C. § 2113.03
https://codes.ohio.gov/ohio-revised-code/section-2113.03
relieve estate from administration