Short answer. Up to $35,000; notary rules vary; through a court office.
At a glance
- Limit
- Estate assets of $35,000 or less; $100,000 or less when a surviving spouse is entitled to all of them (named in the will, or the sole heir without one). The court's release order can direct delivery of personal property and transfer of real estate.
- Wait after death
- No general waiting period for release from administration. The Franklin County Probate Court's real-estate-only release requires the death to be more than six months ago with no creditor claims filed.
- Notary
- The release application (form 5.0) has no notary block; a summary release application is signed before a notary or deputy clerk.
- Where it goes
- An interested party applies to the probate court, with notice to the spouse and heirs unless waived; the court orders the release.
- Official form
- Form 5.0, Application to Relieve Estate from Administration. Supreme Court of Ohio standard probate form. Open it
- Simplified procedure
- Release from administration, and summary release from administration. Release from administration up to $35,000 ($100,000 when the spouse takes everything). Summary release (2113.031) is for estates no larger than the lesser of $5,000 or the funeral bill, or a spouse's support allowance plus up to $5,000 of funeral costs; that application is signed before a notary or deputy clerk.
- Surviving spouse
- The release limit rises to $100,000 when the surviving spouse is entitled to all the assets.
In the official wording
Limit
"The value of the assets of the estate is thirty-five thousand dollars or less."
Wait
"decedent's date of death was longer than six months ago"
Spouse
"The value of the assets of the estate is one hundred thousand dollars or less"
Get it notarized online today
Online notary: open 7 am to 9 pm ET, every day, by appointment
A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.
What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Three example estates
For a death on November 13, 2025, the stated limit gives:
- $8,800: under the stated limit. See why
- $31,500: under the stated limit. See why
- $52,500: over the general limit; under the spouse limit. See why
Your own numbers: open the checker for this state.
Worth knowing
Ohio has no affidavit handed to a bank; both routes are probate court orders. Section 2113.03's current version is effective January 13, 2012.
Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a mobile notary who comes to you and remote online notarization. Elsewhere, a local notary can help. Family far from the estate? Our estate paperwork help sends a local runner or notary to order records, pick up papers and get the affidavit signed, in any state.
Official sources
- Ohio Revised Code 2113.03, Release from administration (checked November 2026)
- Ohio Revised Code 2113.031, Summary release from administration (checked November 2026)
- Supreme Court of Ohio probate form 5.0, Application to Relieve Estate from Administration (PDF) (checked November 2026)
- Social Security Administration POMS GN 02315.073, Ohio Small Estates (checked November 2026)
- Franklin County Probate Court: Release from administration (no administration, summary release, real estate only) (checked November 2026)
General information, not legal advice; we are not lawyers. Each holder may still ask for its own form, and a lawyer can confirm whether the estate qualifies.
Common questions
What is the small estate limit in Ohio?
Up to $35,000. Estate assets of $35,000 or less; $100,000 or less when a surviving spouse is entitled to all of them (named in the will, or the sole heir without one). The court's release order can direct delivery of personal property and transfer of real estate.
How long after a death can the Ohio affidavit be used?
No general waiting period for release from administration. The Franklin County Probate Court's real-estate-only release requires the death to be more than six months ago with no creditor claims filed.
Does a Ohio small estate affidavit need a notary?
It depends. The release application (form 5.0) has no notary block; a summary release application is signed before a notary or deputy clerk.
Is it filed with a court in Ohio?
Yes. An interested party applies to the probate court, with notice to the spouse and heirs unless waived; the court orders the release.
Can real estate pass this way in Ohio?
It counts toward the value.
Is there anything for a surviving spouse in Ohio?
The release limit rises to $100,000 when the surviving spouse is entitled to all the assets.
All states: small estate affidavit by state · North Dakota · Rhode Island · Small estate affidavit: signing and notary checks