Ohio Small Estate Affidavit Form

An Ohio small estate affidavit is a written application that asks the court to relieve a small estate from administration under Section 2113.03 of the Ohio Revised Code. An estate can qualify when the value of its assets is thirty-five thousand dollars or less. A higher limit of one hundred thousand dollars applies when a surviving spouse is entitled to all of the assets.[1]

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Ohio law. If you notice an error or outdated information, please contact us.

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Two terms recur throughout this guide. The decedent is the individual who has died, and the applicant is the person who asks the court to relieve the estate from administration and signs the small estate affidavit.

The FormsPal template is titled Application to Relieve Estate from Administration. The application has three pages. The first page contains the application itself. Pages 2 and 3 contain Form 5.1, which itemizes the assets and the known debts.

FormsPal additionally provides other Ohio documents that support estate planning, such as the Ohio last will template, the Ohio living will and Ohio power of attorney forms. You can browse all of the Ohio affidavit forms as well.

Have these details ready before you start:

  • The decedent's name, date of death and domicile (street, city or village, county and ZIP code)
  • The case number, if the court has already assigned one
  • Whether the decedent left a will
  • A list of the assets with their values, and the appraised value of any asset an appraiser valued
  • A list of the decedent's known debts, with each creditor's name, the nature of the debt and the amount

What Are the Ohio Small Estate Laws and Requirements?

Ohio lets a court relieve a small estate from administration when the value of the assets is thirty-five thousand dollars or less. The rules sit in Section 2113.03 of the Ohio Revised Code. They cover the value limit, how the assets are valued, notice to interested parties and what happens when the decedent left a will.[1]

Value Limits

The basic limit is thirty-five thousand dollars. The statute puts it this way:

The value of the assets of the estate is thirty-five thousand dollars or less.

Ohio Rev. Code Ann. § 2113.03

The limit is one hundred thousand dollars when one of two spouse conditions is met.[1]

  • The decedent left a valid will that gives all of the estate's assets to the person named in the will as the decedent's spouse, and that spouse survives the decedent.
  • The decedent left no valid will, and the surviving spouse is entitled to receive all of the assets under Section 2105.06 of the Revised Code. The marriage must have been solemnized (formally performed) in a manner consistent with Chapter 3101 of the Revised Code or with a similar law of another state or nation.

Check first whether a surviving spouse is entitled to all of the assets. That one answer decides whether the limit is thirty-five thousand or one hundred thousand dollars.[1]

Automobiles follow a separate rule. Under Section 2106.18(A) of the Ohio Revised Code, a surviving spouse can take title to the decedent's automobiles, up to a combined value of $65,000, with a separate affidavit, and those automobiles are not counted as estate assets.[2]

Valuing the Assets and Giving Notice

Not every estate is made up of cash. If the estate is not composed entirely of money, stocks, bonds or other property whose value is readily ascertainable, its value must be determined by an appraiser. The applicant selects the appraiser, subject to the approval of the court.[1]

Interested parties must also be told. Unless the notices are waived or found unnecessary, the notice goes to all interested parties by publication in a newspaper of general circulation in the county.[1]

When the court is satisfied that the value limit is met, it may enter an order relieving the estate from administration. The order directs delivery of personal property and transfer of real property to the persons entitled to it.[1]

Ohio has no statute that sets a waiting period after death.

Estates With a Will

If the decedent died testate, meaning with a will, the will must be presented for probate. When the will is admitted to probate, the court may relieve the estate from administration and order distribution of the estate under the will.[1] To learn how a will moves through the court, read our guide on what probate is.

Ohio Small Estate Affidavit Laws Details

Max. Estate $35,000, or $100,000 when a spouse condition above is met
Valuing the Assets An appraiser the applicant selects, subject to court approval, when the assets are not all readily valued
Notice Publication in a county newspaper, unless waived or found unnecessary
Min. Time to Wait After Death No statute waiting period
State Laws Ohio Revised Code, Section 2113.03
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Filling Out the Ohio Small Estate Affidavit Form

Complete the application from top to bottom. Page 1 holds the application itself, and pages 2 and 3 hold Form 5.1 with the assets, the debts and the signatures. You can complete the template online or download the PDF and fill it in with our PDF editor. Follow the nine steps below.

The screenshots under each step show the FormsPal Ohio small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Enter the estate caption and case number. To begin the application, type the decedent's name after "Estate of" at the top of page 1. Put the Ohio probate court's case number on the Case Number line.
    Ohio small estate affidavit: Estate of, Case # and more, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Give the date of death, domicile, will and asset range. Enter the date of death and the decedent's domicile, meaning where the decedent lived. Mark one box for the will. The form lists six asset ranges, each tied to a date of death, so mark only the line that fits.
    Ohio small estate affidavit: P1 d date, P1 d address and more, filled with sample entries
    Step 2: sample entries, not a real document.
  3. Check the estate recovery box, add the attorney and applicant details, and sign. The form has a box marked "Check, if applicable" that refers to Form 7.0 and medical assistance, so read that line before you check it. Fill in the Attorney For Applicant block only if an attorney is acting, then the Applicant block with your printed name, address and phone number, and sign the application on the signature lines.
    Ohio small estate affidavit: Check, Signature and more, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Repeat the estate caption on Form 5.1. At the top of page 2, enter the decedent's name and the case number again. Form 5.1 is titled Assets and Liabilities of Estate to Be Relieved from Administration.
    Ohio small estate affidavit: Estate of, Case #, filled with sample entries
    Step 4: sample entries, not a real document.
  5. List automobiles distributed to the surviving spouse. If the surviving spouse selected automobiles, enter the appraised value of the first and second automobile and their total. The form says to omit these values when you compute total assets.
    Ohio small estate affidavit: P5 value, P5 text, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Describe the assets and their appraised values. Describe each asset in the Character of asset column and enter its value. Check the Appraised column only for items the appraiser valued, enter the transfer number for real estate, then fill in Total Assets.
    Ohio small estate affidavit: P5 text, P5 value, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Start the list of known debts. On page 3, enter the first creditor under Name of creditor, Nature of debt and Amount.
    Ohio small estate affidavit: Name of creditor, Nature of debt and more, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Finish the debts list and total. Add one creditor per row, then enter Total Debts. The form allows extra sheets if the rows run out.
    Ohio small estate affidavit: P6 c name, P6 debt and more, filled with sample entries
    Step 8: sample entries, not a real document.
  9. Date the form and sign. Enter the date at the bottom of page 3, then have the appraiser and the applicant sign. Keep a copy of the signed pages.
    Ohio small estate affidavit: P6 date x, Appraiser and more, filled with sample entries
    Step 9: sample entries, not a real document.

Frequently Asked Questions

Section 2113.03 of the Ohio Revised Code sets the small estate limits. A court may relieve an estate from administration when the value of the assets is thirty-five thousand dollars or less. The answers below cover the limit and the spouse exception.[1]

What is the small estate exemption in Ohio?

Ohio's small estate exemption lets a court release an estate from administration when the value of the assets of the estate is thirty-five thousand dollars or less. A higher limit of one hundred thousand dollars applies when a surviving spouse is entitled to all of the assets, as described above.[1]

What is the minimum estate amount for probate in Ohio?

The figure to know is the small estate limit. A court may relieve an estate from administration when the assets are worth thirty-five thousand dollars or less. The limit is one hundred thousand dollars or less when a spouse condition is met.[1]

General information, not legal or tax advice.

Sources

  1. Ohio Rev. Code Ann. § 2113.03.
  2. Ohio Rev. Code Ann. § 2106.18.
Published: Aug 20, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.