Summary Release from Administration

Under RC 2113.031, a Summary Release from Administration may be filed under only two circumstances:

1. Applicant is the surviving spouse, and:

(a) is entitled to 100% of the family allowance (i.e. there are no minor children of the decedent who are not also children of the surviving spouse), AND

(b) the funeral (and burial) expenses have been prepaid or the surviving spouse has paid or is obligated in writing to pay the decedent’s funeral expenses, AND

(c) the value of the decedent’s assets do not exceed $40,000, plus the lesser of $5,000 and the decedent’s funeral expenses paid or owed by the spouse;

OR

2. Applicant is NOT the surviving spouse, and:

(a) has paid, or is obligated in writing to pay, the decedent’s funeral (and burial) expenses, AND

(b) the value of the decedent’s assets is the lesser of (a) $5,000 or (b) the amount of decedent’s funeral (and burial) expenses.

Items necessary to file a Summary Release from Administration:

  • Funeral bill which indicates who paid the funeral expenses, or who is obligated in writing to pay them;
  • If the decedent has a Will, file the original Will “for Record Only”;
  • Documentation of assets listed (See Court’s Checklist below);
  • Complete Standard Probate Form 7.0 (Medicaid Recovery form);
  • The base court cost deposit per Appendix A of the Court’s Local Rules;
  • Complete all requirements listed on the Court’s Checklist found below.

 

Frequently Asked Questions

When can a Summary Release of an Estate be obtained?

A Summary Release from Administration proceeding may be commenced for decedents dying after August 28, 2000 when an estate has not already been opened for a decedent, if:

1.    The established value of the decedent’s probate estate (the fair market value of the assets that require administration by the Probate Court) is $5,000 or less and the Applicant is not the surviving spouse and has paid or is obligated to pay the decedent’s funeral and/or burial expenses in an amount that does not exceed the value of those assets; or

2.    There is a surviving spouse who is the Applicant and (a) who is entitled to 100% of the $40,000 family allowance (there are no minor children of the decedent who are not also the children of the surviving spouse), (b) the surviving spouse is obligated to pay the funeral and burial expenses, has paid them, or they were pre-paid, and (c) the established value of the probate assets does not exceed $40,000 plus the amount of the funeral bill (not to exceed $5,000)paid by the spouse.

How long does the case take?

Once the Application for Summary Release is filed with the Court and all of the required forms and the supporting documentation pertaining to ownership, values, family, heirs and next of kin are provided, the matter will be reviewed and the Entry Granting Summary Release from Administration will generally be approved within one week. The organization of the information and completeness of the forms is wholly within the control of the Applicant.

Is Summary Release Available when the Asset to be Transferred is Real Estate Owned by the Decedent?

Yes, provided the Court is provided with proof that the fair market value of the decedent’s interest in the real estate is within the monetary limits applicable to the particular applicant. Proof may be a recent appraisal acceptable to the Court or a copy of the County Auditor’s valuation of the property from the county tax duplicate. Proof of ownership will be required. An Application for Certificate of Transfer will be required and must be accompanied by two copies of the Certificate of Transfer for Real Estate.

Does the Applicant need an Attorney?

Due to the technical aspect of the legal process, the language, and the permanency of the outcomes, the Probate Court recommends that all Applicants seek legal counsel, but it is not required. Good legal advice will hasten the probate process, prevent costly mistakes, and lessen the chances that the Applicant will be faced with suits by other heirs, creditors or family members. Deputy Clerks of the Probate Court are prohibited by Ohio law from assisting in the preparation of the required forms.

Standard Probate Forms 

For all Standard Probate Forms click  here.

For Checklists and Forms exclusive to Shelby County Probate Court, see the forms section below.

COURT CHECKLIST AND FORMS

Summary Release From Administration Checklist

Fee Waiver Affidavit And Order

Confidential Disclosure of Personal Identifiers (Form 45D)

Application / Entry to File Will For Record Only

Application / Entry for Transfer of Motor Vehicle

Application / Entry for Transfer of Watercraft, Mobile Home, etc.

Authority to Transfer Title of Motor Vehicle

Affidavit to Transfer Title of Motor Vehicle (for Surviving Spouse)

Affidavit Finding One And The Same Person

Entry Finding One And The Same Person

Application To Reopen Estate And Qualify Fiduciary

Entry Granting Application To Reopen Estate And Qualify Fiduciary

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