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Ohio Rev. Code § 2113.03 · checked 2026-10-21

Ohio small estate affidavit limit

In Ohio the release from administration is available when the value of the assets of the estate is $35,000 or less ($100,000 for a surviving spouse who takes everything); the statute sets no waiting period. It works through a short court proceeding started by petition.

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  1. 1Dollar limit $35,000
  2. 2Waiting period None stated
  3. 3Filed with Court
  4. 4Statute Ohio Rev. Code § 2113.03
Dollar limit
$35,000
Waiting period
None stated
Court involved
Yes
Real estate
Can pass
Illinois$150,000Indiana$100,000Michigan$50,000 baseWisconsin$50,000Ohio$35,000
Small-estate dollar limits in the East North Central states covered here. Bars to scale from zero; "base" marks a figure adjusted for inflation by statute.

What Ohio Rev. Code § 2113.03 says

The operative words of the statute, as read on 2026-10-21:

“thirty-five thousand dollars or less”

That test is applied to the value of the assets of the estate. The limit is $100,000 when the surviving spouse takes everything, under a will or by intestacy. The official Ohio Revised Code page, re-read on 2026-10-21, still shows R.C. 2113.03 effective January 13, 2012 (latest legislation: Senate Bill 124, 129th General Assembly); no later amendment raising these figures appears in the official code.

Source: Ohio Rev. Code § 2113.03. Last checked 2026-10-21.

Worked examples against the $35,000 limit

Estate valueResult under Ohio Rev. Code § 2113.03
$21,000Within the limit
$35,000Within the limit
$36,000Over the limit by $1,000: the small-estate route is closed

Values are the estate as the statute measures it — value of the assets of the estate — not everything the person owned. Ohio's figure is $27,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 44th from the top.

When the route opens

Ohio Rev. Code § 2113.03 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.

If the estate goes through full probate instead, creditors have 6 months counted from the decedent's death (Ohio Rev. Code § 2117.06(B)). The Ohio probate timeline works those dates through.

Filing and fees

This route is still a court proceeding, but a shorter one than full administration: a petition, notice to interested persons, and an order. The Ohio Rev. Code § 2101.16 schedule charges $60 for the summary release from administration.

The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the release from administration and what it charges. This site does not supply forms or refer anyone to a lawyer.

Nearby East North Central jurisdictions

Illinois: $150,000; Indiana: $100,000 after 45 days; Michigan: $50,000 base after 28 days; Wisconsin: $50,000.

Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.

General information from the statute as written on 2026-10-21; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Ohio probate court or its self-help center before filing.