Why the small-estate affidavit alone usually won’t let you sell land

Ohio provides a simplified small-estate affidavit procedure for collecting and transferring certain personal property of a decedent without formal administration. See Ohio Revised Code (ORC) section 2113.03 for the statutory process and limits: ORC 2113.03 and the entire small-estate chapter at ORC Chapter 2113. That procedure generally applies to personal property (bank accounts, vehicles, personal effects) when the value is within the statutory limit and does not give the affiant authority to deal with real estate.

Because real property (land and buildings) is a different asset class, title companies, county recorders, and buyers normally require probate letters (official “letters of authority” from the probate court) or a court order that explicitly authorizes the sale. If you need to sell real property belonging to a decedent, expect to either: (a) open a full or limited estate administration and be appointed a personal representative, or (b) obtain a court order in a pending administration allowing the sale.

Step-by-step: How to seek appointment as a personal representative in Ohio

1. Confirm jurisdiction and basic facts.

   File in the probate court for the county where the decedent was domiciled at death. Gather the certified death certificate, any original will, the decedent’s asset list (including the real property legal description), and names/addresses of heirs and known creditors.

2. Decide what appointment you need.

   You can petition to be appointed as executor (if there is a will) or administrator (if there is no will). You can ask for full authority or request limited authority in your petition (for example, limited authority to run creditor notices and obtain court approval to sell a single parcel). Ohio probate law and local courts permit limited or special appointments in appropriate circumstances. See Ohio’s probate administration statutes at ORC Chapter 2117.

3. Prepare and file the required forms/petition with the probate court.

   Typical filings include a petition for appointment, the original will (if any), a proposed order, a request for issuance of letters of authority, and a certified copy of the death certificate. Clerk’s offices often supply local forms and will tell you filing fees. If you request authority to sell real property, state that in your petition and explain why the sale is needed and in the estate’s best interest.

4. Ask for bond or a waiver of bond (if applicable).

   The court may require a fiduciary bond unless the will waives bond or heirs request a waiver. You can request a bond waiver in your petition, but the court will decide. A bond protects the estate against mismanagement.

5. Serve or notify required parties and attend any hearing.

   The probate court will require notice to beneficiaries and may schedule a hearing before appointment. If there are competing petitions, the court will resolve priority under Ohio law.

6. Receive letters of authority (letters testamentary or letters of administration).

   Once appointed, the court issues official letters that identify your authority. Many third parties (title companies, banks) will require a certified copy of these letters before allowing you to sell real estate or access accounts.

7. Run the notice to creditors as required by the court.

   After appointment, the personal representative must provide notice to creditors. Ohio statutes govern creditor notice and claims in probate administration; see ORC Chapter 2117 for the probate administration procedures and creditor-related provisions. The probate clerk will provide local instruction: typically you will publish a notice in a local newspaper and mail notice to known creditors and claimants. Keep proof of publication and mailing for the court record.

8. Obtain court authority or comply with will language to sell the real property.

   If the will grants the fiduciary power to sell, you can sell following the terms of the will and court oversight. If there is no express power, you may need the court’s approval of the sale. The court can approve either a private sale or sale at auction, and may require notice to interested parties and an accounting or confirmation hearing before or after the closing.

9. Complete the sale and account to the court.

   Use the letters of authority and any court order to sign the deed and close. After sale, you must properly account to the probate court and distribute proceeds according to the will or Ohio intestacy law.

Key statutory references and resources (Ohio)

• Small-estate affidavit (personal property transfer): ORC 2113.03 — https://codes.ohio.gov/ohio-revised-code/section-2113.03
• Small-estate rules and related provisions: ORC Chapter 2113 — https://codes.ohio.gov/ohio-revised-code/chapter/2113
• Probate administration, appointment of personal representatives, and creditor procedures: ORC Chapter 2117 — https://codes.ohio.gov/ohio-revised-code/chapter/2117
• Contact your county probate court for local forms and fee schedules (county clerk’s office can provide step-by-step requirements).

Practical checklist (documents and actions)

• Certified death certificate
• Original will (if any) and any codicils
• List of known assets (address and legal description of real property) and estimated values
• Names, addresses, and relationships of next of kin and known creditors
• Petition for appointment and any local probate forms
• Request for bond or bond waiver
• Proof of publication and mailed creditor notices
• Letters of authority from the probate court before closing a real-estate sale

Helpful Hints

• Start at the county probate clerk’s office: many questions (forms, fees, publication rules) are handled there and clerks often provide checklists.
• If the estate looks complex or there is disagreement among heirs, consider consulting an Ohio probate attorney to avoid delays or liability.
• Don’t rely on the small-estate affidavit to transfer real property. Title companies and purchasers will require probate letters or a court order.
• If you need only temporary authority (for example, to preserve property or complete a sale), ask the court for a limited or expedited appointment and explain the urgency in your petition.
• Document every step: filings, notices, publication, and communications with buyers or title companies. The court will expect proof and an accounting.
• Ask the probate court whether a surety bond is required or whether heirs can waive bond to reduce costs.
• Be transparent with potential buyers: let a title company review requirements early so closing won’t be delayed by missing probate letters or a sale order.