Ohio
Estate law, probate process, and inheritance rules for Ohio — in plain language.
$2,000–$4,500 typical
Release from administration ORC §2113.03
Right of election: 1/3 (with descendants) or 1/2 (without)
Spouse + descendants of marriage: spouse takes 100%. Different parentage: spouse takes first $20K + 1/3 to 1/2.
- ✓Must be 18+ and of sound mind
- ✓May be required to post bond unless will waives it
- ✓Must file inventory of estate assets
- ✓Must give notice to creditors per statute
- ⏱Will filed within 1 year of death
- ⏱Notice to creditors: 6 months
- ⏱Final accounting within 13 months
- ⚠OH repealed estate tax in 2013
- ⚠OH has transfer-on-death deeds for real estate
- ⚠Outdated beneficiary designations override the will
- ⚠Real estate in another state triggers ancillary probate
- ⚠Joint tenancy with non-spouse can create unintended consequences
- →TOD deeds for real estate to avoid probate
- →Trust for larger or complex estates
- Ohio Revised Code Title 21 (Courts — Probate)
Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Ohio.
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