What Is a Release, and How Can I Qualify?

In Ohio, the probate process offers several ways to handle an estate, depending on its size and complexity. Here’s a breakdown of the conditions for releasing an estate from administration and other related probate procedures.

1. Release from Administration

A release from administration is a simpler, more cost-effective way to handle probate when the estate is small and straightforward. It typically requires less time and lower attorney fees.

To qualify, one of the following conditions must be met:

• Option 1: The estate must be valued at $100,000 or less, and the surviving spouse must be entitled to the entire estate.
  
  
• Option 2: The estate must be valued at $35,000 or less, regardless of the beneficiaries.
  
  

2. Summary Release (Simplified Administration)

A summary release is an even simpler option, but it applies only in very limited circumstances.

To qualify, one of the following conditions must be met:

• Option 1: The estate must be valued at $45,000 or less, and the surviving spouse must be entitled to all of the estate (plus up to $5,000 for funeral expenses).
  
  
• Option 2: The estate must be valued at $5,000 or less in funeral bills, and the applicant requesting the release must have paid those funeral expenses.
  
  

3. Full Administration

A full administration is required when the estate is too large or complex to qualify for a release or summary release. This process is more time-consuming and costly due to detailed court procedures, inventory filings, and creditor notifications.

Full administration is generally required when:

• The estate exceeds the value limits for simplified probate.
  
  
• There are complications, such as multiple creditors or beneficiaries.
  
  

4. Real Estate-Only Transfer

If the estate only consists of real property (real estate), there is a procedure that allows the transfer of the property without going through full probate administration.

However, the applicant must wait six months after the decedent’s death before filing for the transfer.

Conclusion

Whether you qualify for a release from administration or must go through full probate depends on:

✅ The estate’s total value
✅ Who is entitled to the assets

Smaller estates can often take advantage of simplified probate processes, while larger or more complex estates typically require full administration. If you're unsure which path applies to your situation, consulting a probate attorney can help clarify the best course of action.

‍