Detailed answer

Ohio law allows certain personal property of a deceased person to be collected using an affidavit procedure rather than full probate when the estate’s personal property falls at or below the statutory threshold. The statute that governs this process is Ohio Revised Code §2113.03. Confirm the current dollar limit by reading the statute on the Ohio Code website: Ohio Rev. Code §2113.03.

To find out whether a particular bank account is below the threshold and therefore collectible by the small estate process, follow these steps:

1. Confirm the current statutory threshold.

   The monetary limit that determines whether an estate qualifies for the small estate affidavit is set by statute (see link above). Statutes can change, so verify the amount on the Ohio Code site or by calling the local probate court.

2. Identify which accounts count toward the estate.

   Not every account in the decedent’s name is part of the probate estate. Ask these questions about each account:

   • Does the account name include a payable-on-death (POD) or transfer-on-death (TOD) beneficiary? If so, the account may pass directly to that beneficiary and not be part of the probate estate.
   • Is the account joint with rights of survivorship? Many joint accounts pass automatically to the surviving joint owner and are not included in the decedent’s probate estate.
   • Is the account owned by a trust? Trust assets generally bypass probate and are not part of the small estate calculation.
3. Collect official account balances as of the date of death.

   Contact the bank and request an official statement or written verification of the account balance as of the decedent’s date of death. Banks will often require a death certificate and proof of your authority to request information. Ask the bank for a written letter or statement showing:

   • Account number and account title
   • Balance on the date of death (including any accrued interest to that date)
   • Whether the account is POD, TOD, joint, trust-owned, or subject to any liens or holds
4. Gather balance information for all types of personal property.

   The small estate limit typically applies to the total of personal property in the estate. That can include checking and savings accounts, certificates of deposit, marketable securities, cash, and certain unpaid wages or accounts receivable. Make a list and total the verified balances. If the total personal property subject to probate is at or below the statutory threshold, the small estate affidavit process may be available.

5. Account for liens and obligations (if applicable).

   Some statutes or local procedures treat certain liens or encumbrances differently. If an account has an attached lien (for example, a creditor’s security interest), note that when you speak with the probate court or an attorney. The presence of debts does not necessarily disqualify the estate from using the small estate affidavit, but it can affect distribution priorities.

6. Check with the county probate court.

   Call or visit the probate court in the county where the decedent lived to confirm local procedures and to ask whether your calculated total qualifies for the affidavit. Probate clerks can usually explain the filing process and required documents. If you will be close to the statutory limit, the clerk can advise whether additional documentation is needed.

7. If uncertain, get a short consult with a probate attorney.

   If accounts are near the limit, include complex assets (stocks, business interests), or involve disputed ownership (claims by joint owners, POD beneficiaries, or creditors), a brief consultation can clarify whether to use the affidavit process or to open a full probate.

Example (hypothetical): Jane Doe died owning a checking account in her sole name with a balance of $12,500 and a savings account in her name with $5,200. She also had a credit union CD of $3,000 and no beneficiary designations or joint owners on those accounts. If Ohio’s statutory small estate limit is greater than or equal to $20,700 and no other probate assets exist, Jane’s personal property subject to probate would be within the small estate limit and an affidavit may be used to collect the funds. But if any of those accounts were POD to a named beneficiary or joint with survivorship, they might not count toward the estate total.

Helpful hints

• Always verify the current dollar limit in Ohio Rev. Code §2113.03: https://codes.ohio.gov/ohio-revised-code/section-2113.03.
• Get a certified copy of the decedent’s death certificate—banks and the probate court will require it.
• Ask each financial institution for a written statement of the balance as of the date of death and whether any beneficiary or survivorship right applies.
• Do not rely on online banking balances alone—obtain official documentation from the bank that is dated and signed by an employee or provided as an account statement.
• If accounts are close to the statutory limit, consult the probate court before preparing an affidavit. Small differences (interest, pending deposits) can change eligibility.
• Keep copies of all correspondence, statements, and the death certificate; you will need them when you prepare the affidavit and/or present the claim to the bank.
• Remember that certain assets (real estate, assets held in trust, or some retirement accounts) generally do not count toward the small estate affidavit threshold because they pass by other means.
• If a bank refuses to release funds using the affidavit, ask the bank to put the reason in writing and consult the probate court or an attorney.