---
title: "Ohio Small Estate Affidavit: Release From Administration"
description: "Ohio has no general small estate affidavit. Release from administration covers estates up to $35,000, or $100,000 when a spouse takes all, by court order."
canonical: "https://kinpapers.com/ohio"
markdown: "https://kinpapers.com/ohio.md"
last_updated: "2026-10-19"
---

# Ohio small estate affidavit and release from administration

Ohio has no general small estate affidavit. For small estates, the Ohio route is release from administration under Revised Code 2113.03: an application to the county probate court, on Supreme Court Form 5.0, which a judge grants by order. It covers estates worth $35,000 or less, or $100,000 or less when the surviving spouse receives everything. Real estate can pass this way, and the statutory filing fee is $60.

By [the Kin Papers team](https://kinpapers.com/editorial) · Updated October 19, 2026

## What are Ohio’s small estate rules?

Revised Code 2113.03 lets any interested party ask the probate court to relieve an estate from administration when its assets are worth $35,000 or less, or $100,000 or less when the surviving spouse receives the whole estate under the will or by inheritance. The $40,000 support allowance counts as an estate asset, while cars a spouse takes under 2106.18, up to $65,000, don’t. A will must be admitted to probate first.

Sources: [Ohio Revised Code 2113.03, Release from administration](https://codes.ohio.gov/ohio-revised-code/section-2113.03), checked October 19, 2026; [Ohio Revised Code 2113.031, Summary release from administration](https://codes.ohio.gov/ohio-revised-code/section-2113.031), checked October 19, 2026; [Ohio Revised Code 2101.16, Probate court fees](https://codes.ohio.gov/ohio-revised-code/section-2101.16), checked October 19, 2026; [Ohio Revised Code 2106.18, Surviving spouse’s automobiles](https://codes.ohio.gov/ohio-revised-code/section-2106.18), checked October 19, 2026; [Ohio Revised Code 2106.13, Allowance for support](https://codes.ohio.gov/ohio-revised-code/section-2106.13), checked October 19, 2026; [Decedent’s estate forms](https://www.supremecourt.ohio.gov/forms/all-forms/probate/5), checked October 19, 2026; [Form 5.0, Application to Relieve Estate from Administration](https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/superintendence/probate_forms/decedentEstate/5_0.pdf), checked October 19, 2026; [Form 5.10, Application for Summary Release from Administration](https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/superintendence/probate_forms/decedentEstate/5_10.pdf), checked October 19, 2026.

| Rule | Ohio |
| --- | --- |
| Dollar limit | $35,000, or $100,000 when the surviving spouse receives the whole estate |
| Waiting period | None in the statute. Notice goes to the spouse and heirs, and by newspaper, unless waived or found unnecessary |
| Where it goes | An application to the county probate court. A judge’s order releases the estate |
| Official form | Supreme Court of Ohio Form 5.0, Application to Relieve Estate from Administration, with Forms 5.1 and 1.0 |
| Signing | Form 5.0 has no notary block. The smaller summary release is signed before a notary or deputy clerk |
| Real estate | Yes. The order directs transfer of real estate through a certificate of transfer |

## What will Kin Papers fill in for Ohio?

Kin Papers is building an Ohio file that fills in Forms 5.0 and 5.1 and the next-of-kin form from your answers, writes the letters banks, Social Security and the credit bureaus ask for, prepares IRS Form 56, and keeps a dated deadline tracker. It won’t file anything for you or give legal advice.

## More about settling an estate in Ohio

- [Small estate affidavits in 15 states](https://kinpapers.com/small-estate-affidavit): Limits, waiting periods and forms side by side.

## How does release from administration work?

Any interested party files [Form 5.0](https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/superintendence/probate_forms/decedentEstate/5_0.pdf) with the probate court in the county where your parent lived, along with Form 5.1, a statement of assets and debts, and Form 1.0, the next of kin. Under [Revised Code 2113.03](https://codes.ohio.gov/ohio-revised-code/section-2113.03), notice goes to the surviving spouse and heirs and by newspaper, unless it’s waived or found unnecessary. When the judge is satisfied the estate qualifies, the court orders the personal property delivered and any real estate transferred.

## What does the court need?

- The assets and their values. Assets that are hard to value are appraised by an appraiser the applicant chooses and the court approves.
- The debts, since the release is still subject to creditors’ claims.
- If there’s a will, it must be presented for probate.
- For real estate, an application for a certificate of transfer.

The court may appoint a commissioner to carry out the transfers, who reports back within 60 days under Form 5.6.

## Where do you get the forms?

The [Supreme Court of Ohio’s decedent’s estate forms page](https://www.supremecourt.ohio.gov/forms/all-forms/probate/5) has Forms 5.0, 5.1, 5.2 (waiver of notice), 5.6 (the entry relieving the estate) and 5.10 (summary release).

## What if the estate is over the limit?

Then the estate generally goes through full administration with an executor or administrator appointed by the probate court. The court’s clerk can explain the filings, and a lawyer can advise on your situation.

## Is Kin Papers a law firm?

No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what the Ohio Revised Code and the Supreme Court’s forms say, with links to each. It doesn’t say whether release from administration fits your parent’s estate.

## Common questions about small estates in Ohio

### Does Ohio have a small estate affidavit?

Not a general one. Ohio uses release from administration, a probate court order under Revised Code 2113.03. A surviving spouse can transfer cars worth up to $65,000 in total by affidavit at the clerk’s title office under 2106.18.

### What is the Ohio release from administration limit?

$35,000, or $100,000 when the surviving spouse receives the whole estate, either under the will or by inheritance together with the support allowance. The official Form 5.0 dates them to deaths on or after November 9, 1994 and March 18, 1999.

### What is a summary release from administration?

A faster route under Revised Code 2113.031 for very small estates: when the estate is worth no more than the lesser of $5,000 or the funeral bill and the applicant paid that bill, or for a surviving spouse when the estate is no more than the $40,000 support allowance plus up to $5,000 of funeral costs. The application, Form 5.10, is signed before a notary or deputy clerk.

### How much does it cost to file in Ohio?

The statutory probate fee for relieving an estate from administration, or for a summary release, is $60 under Revised Code 2101.16. County courts may add other charges.

## What will the filled form and tracker cost?

The Ohio filled form and tracker will cost $79 for one estate: the small-estate form filled in from your answers, letters to banks, Social Security and the credit bureaus, IRS Form 56 and a deadline tracker. It isn’t open yet. Join the waitlist and we’ll email you the day it opens.

## Sources

- [Ohio Revised Code 2113.03, Release from administration](https://codes.ohio.gov/ohio-revised-code/section-2113.03), Ohio Legislature. The $35,000 and $100,000 limits, the application, notice, the judge’s order, real estate, the will and creditors. Checked October 19, 2026.
- [Ohio Revised Code 2113.031, Summary release from administration](https://codes.ohio.gov/ohio-revised-code/section-2113.031), Ohio Legislature. The summary release limits and the notary or deputy clerk. Checked October 19, 2026.
- [Ohio Revised Code 2101.16, Probate court fees](https://codes.ohio.gov/ohio-revised-code/section-2101.16), Ohio Legislature. The $60 fee. Checked October 19, 2026.
- [Ohio Revised Code 2106.18, Surviving spouse’s automobiles](https://codes.ohio.gov/ohio-revised-code/section-2106.18), Ohio Legislature. Cars up to $65,000 a spouse takes outside the estate. Checked October 19, 2026.
- [Ohio Revised Code 2106.13, Allowance for support](https://codes.ohio.gov/ohio-revised-code/section-2106.13), Ohio Legislature. The $40,000 support allowance counting as an estate asset. Checked October 19, 2026.
- [Decedent’s estate forms](https://www.supremecourt.ohio.gov/forms/all-forms/probate/5), Supreme Court of Ohio. The standard probate forms for release from administration. Checked October 19, 2026.
- [Form 5.0, Application to Relieve Estate from Administration](https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/superintendence/probate_forms/decedentEstate/5_0.pdf), Supreme Court of Ohio. The application, its attachments, the dates of the limits and the signature lines. Checked October 19, 2026.
- [Form 5.10, Application for Summary Release from Administration](https://www.supremecourt.ohio.gov/docs/LegalResources/Rules/superintendence/probate_forms/decedentEstate/5_10.pdf), Supreme Court of Ohio. The summary release application. Checked October 19, 2026.

## About this document

This is the Markdown version of a page on Kin Papers (https://kinpapers.com). Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker.

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