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Relief from Administration in Ohio

Ohio allows small estates to sometimes be “relieved” from administration, also called “released” from administration. This does not mean that nothing has to be done with the estate, but instead, provides a shorter probate process. This type of probate is typically less costly and not as lengthy as a full administration of an estate.

When an Estate can be Relieved from Administration

The Ohio Revised Code provides the following conditions that must be met in order for an estate to be relieved from administration:

(1) The value of the assets of the estate is $35,000 or less; or

(2) The value of the assets of the estate is $100,000 or less and the surviving spouse is entitled to all of the assets of the estate.

If either of these apply, then relief from administration may be an option.

Relief from Administration Process

Nearly all probate matters begin with discussing the case with an attorney. The attorney will prepare all necessary forms and they will be signed by the person applying to relief the estate from administration. The forms will be submitted to the appropriate probate court along with the filing fee. The Court will review all documents and determine if a hearing is necessary. If a hearing is necessary, one will be scheduled and evidence will be presented to the Court. If a hearing is not necessary, the Court will order the estate to be released and the proper distributions to be made. Once all distributions are made the estate will be closed.