Short answer
In Ohio, assets that pass automatically to a surviving owner by right of survivorship (for example, a joint bank account or real estate held as joint tenants with right of survivorship) generally are not part of the decedent’s probate estate and therefore are not included as estate property on the probate inventory. However, you should disclose known non‑probate assets to the probate court or list them in a separate statement when requested. If the asset was under the control of the personal representative, was commingled with estate property, or if the survivorship transfer is disputed (fraudulent transfer, unclear title, competing claims), you may need to list the asset or provide supporting documentation to the court.
Detailed answer — what to know under Ohio law
1. What “right of survivorship” means
Right of survivorship is a way of owning property so that, on the death of one owner, ownership automatically vests in the surviving owner(s) without passing through probate. Common examples include:
- Bank or brokerage accounts titled jointly with right of survivorship
- Real estate held as joint tenants with right of survivorship
- Accounts with beneficiary or transfer-on-death (TOD/POD) designations
2. Ohio probate inventory requirement (basic rule)
The personal representative (executor or administrator) must file an inventory of the estate with the probate court. Ohio law requires the filing of an inventory describing the decedent’s property under the representative’s control so the court and creditors know what property is available to pay debts and distribute to beneficiaries. See Ohio Rev. Code § 2113.02 for the statutory inventory requirement and timing: https://codes.ohio.gov/ohio-revised-code/section-2113.02
3. When survivorship assets are not part of the probate estate
If title already passed automatically to the surviving owner at death, the property usually is not estate property and typically is not listed as an asset in the probate inventory. Examples:
- A bank account owned jointly by the decedent and the mother with explicit rights of survivorship — the account becomes the mother’s property on death and is generally not estate property.
- Real estate titled in joint tenancy with right of survivorship — the survivor becomes sole owner on death and the property is usually outside probate.
- Assets with named nonprobate beneficiaries (payable-on-death designations, life insurance, retirement accounts) — those pass to the beneficiary outside probate.
4. Why you may still need to tell the court about survivorship assets
Even though survivorship assets usually pass outside probate, the personal representative should be transparent with the court. Reasons to disclose or document non‑probate assets include:
- Creditors’ claims: The probate court and creditors need to know what property is available to satisfy estate debts. If money from a joint account was used by the decedent or the representative to pay creditors or estate expenses, the account may effectively be part of the administration.
- Commingling: If survivorship funds were mixed with estate funds after death, tracing issues can arise and the court may require an accounting.
- Disputes: If anyone contests the survivorship claim (alleging a transfer was made to defraud creditors, or that survivorship language was not intended), the property might be treated as part of the estate until resolved.
- Court practice: Some probate courts expect the inventory to include a separate schedule or attachment that lists known non‑probate assets and explains why they do not form part of the estate.
5. Practical examples
Hypothetical A: A decedent’s bank account is jointly titled with the decedent’s mother and explicitly states “with right of survivorship.” The mother shows the bank the death certificate and the bank re-titles the account. That account is not an asset of the probate estate, and the personal representative normally does not include it as estate property on the inventory. But the representative should note the account’s existence in estate papers and keep records showing the bank’s re-titling.
Hypothetical B: The decedent transferred all their accounts into a joint account with their mother shortly before death, apparently to keep funds from creditors. Creditors later allege the transfer was fraudulent. The probate court or creditors may ask the representative to include the account in the inventory pending resolution. Don’t assume survivorship protects all transfers from scrutiny.
6. When to list or attach non‑probate items to the inventory
Best practices in Ohio probate administration:
- List estate property that you actually possess or control and that belongs to the estate.
- Provide a separate written schedule or attachment identifying known non‑probate assets (joint accounts, TOD/POD, beneficiary-designated assets) and explain why each item is not estate property.
- If the probate court or local rules require, file the non‑probate schedule with the inventory or submit it when the inventory is filed.
- Keep bank statements, deeds, beneficiary designations, and affidavits of survivorship as evidence supporting your statements to the court.
7. Possible consequences of failing to disclose
Failing to disclose known assets (even non‑probate ones) can cause delay, raise suspicions of misconduct, and expose a personal representative to liability if the omission harms creditors or beneficiaries. If property should have been used to satisfy debts or was improperly handled, the court may require accounting or impose other remedies.
8. When to consult an attorney
You should consider talking with a probate attorney if:
- Large assets are titled jointly and questions exist about whether survivorship truly applies.
- There are significant creditor claims, recent transfers, or allegations of fraud.
- You aren’t sure how your local probate court expects non‑probate assets to be reported on the inventory.
Helpful hints
- Gather documents: death certificate, account statements, deeds, beneficiary designations, and any bank or brokerage correspondence re‑titling assets.
- When in doubt, disclose: include a separate list of non‑probate assets with the inventory and explain why each passes outside probate.
- Keep records: save communications with financial institutions showing how an account was handled after death.
- Watch for commingling: if an asset’s funds were moved into estate accounts or used for estate expenses, document the transactions carefully.
- Check local practices: probate clerks sometimes provide inventory checklists or local rules—call the clerk’s office if you’re unsure what to file.
- Act promptly: Ohio law sets deadlines for filing inventories and for creditors’ claims. See Ohio Rev. Code § 2113.02 for the inventory requirement: https://codes.ohio.gov/ohio-revised-code/section-2113.02
- Get advice when contested: if family members or creditors contest survivorship, obtain legal counsel quickly to protect the estate and the surviving owner’s rights.
Disclaimer
This article is for general informational purposes only and is not legal advice. I am not a lawyer. For legal advice about a specific situation in Ohio, consult a licensed Ohio probate attorney or contact the local probate court.