How Probate Works After a Death in Ohio

Ohio’s probate system runs through a dedicated court in each county, with real, meaningful shortcuts for smaller estates and no state-level death tax to worry about.

Where is probate filed in Ohio?

Probate is handled through the Probate Court - a specialized division of the Court of Common Pleas - in the county where the deceased lived. Ohio has 88 counties, each with its own Probate Court.

Ohio calls the document a “Letter of Authority”; see our general guide on letters testamentary.

What is release from administration?

Ohio offers a simplified process called release from administration under ORC 2113.03, available when:

• The estate is worth $35,000 or less, or
• The estate is worth $100,000 or less and a surviving spouse is entitled to the entire estate (either under a will leaving everything to them, or under Ohio’s intestate succession law)

See our companion piece explaining this process in more depth.

Does real property count toward the thresholds?

Yes - real property counts toward the $35,000/$100,000 limits when it passes through the probate estate, unlike some other states that exclude it - which matters given how much home equity can push an estate over the limit.

Is there an even simpler option for the smallest estates?

Yes - Summary Release from Administration (ORC 2113.031) is available for very small estates, generally limited to reimbursing funeral expenses - up to $5,000 for a non-spouse applicant, or a surviving spouse’s family support allowance plus up to $5,000 of funeral costs.

Does Ohio have a state estate or inheritance tax?

No - Ohio repealed its state estate tax effective 2013 and has not had an inheritance tax in the modern era - a genuine advantage compared to neighboring states like Pennsylvania. Only the federal estate tax can apply, and only to estates exceeding the federal exemption threshold.

What should I do next?

Since real property counts toward Ohio’s thresholds, get a realistic value for any home equity before assuming a small estate qualifies. If a surviving spouse inherits everything, check the higher $100,000 threshold rather than the standard $35,000 one.

Add this to your Final Day Plan: a rough estimate of your home equity along with your other assets - given Ohio counts real property toward these thresholds, it’s a bigger factor here than in some other states.

Ohio law can change, and specific circumstances vary considerably. This is general educational information, not legal advice - consult an Ohio-licensed attorney for guidance specific to your situation.