- The monetary limit is currently $100,000 for the surviving spouse and $35,000 for any one else.
- Where there is a surviving spouse there must be proof of a valid marriage under Ohio Revised Code 3101.
- When there is a surviving spouse, the surviving spouse must receive all of the estate according to the decedent's Will, or Ohio Revised Code 2105.06 (intestacy), Ohio Revised Code 2106.13 (family allowance which is currently $40,000).
- This does not include intestate (no Will) estates where there is real estate that is not the mansion house (see Ohio Revised Code 2106.10) or adjoining real property and the surviving spouse is not the parent of the decedent's children and/or the decedent's interest in the mansion house exceeds the surviving spouse's monetary share.
Summary Release from Administration
- A person who is not the surviving spouse of the decedent who has paid or is obligated in writing to pay the decedent's funeral and burial expenses may apply for an order granting summary release from administration if the value of the assets does not exceed the lesser of $5,000 or the amount of the decedent's funeral and burial expenses.
- Where there is a surviving spouse who is entitled to all of the assets of the estate and the total assets are less than $40,000, the assets can be transferred to the surviving spouse by a summary administration. In addition, if the surviving spouse has paid or is obligated in writing to pay the decedent's funeral and burial expenses, an additional amount, the lesser of $5,000 or the amount of the decedent's funeral and burial expenses may be claimed by the surviving spouse for a maximum of $45,000.
Real Estate Only
- When the decedent died owning an interest in real estate, and
- the transfer of the decedent's real estate is based on the Statute of Descent and Distribution (Ohio Revised Code 2105.06), or Family Allowance (Ohio Revised Code 2106.13), or the decedent's Will, and
- the decedent's date of death was longer than six months ago and no creditors have filed claims against the estate.