Detailed Answer
In Ohio, when a decedent’s real estate sells under probate, the personal representative or administrator must first obtain court approval (ORC 2109.47). After closing, the fiduciary holds the net sale proceeds in the estate account. Before disbursing those funds, Ohio law and local probate rules typically require the following signed documents from each heir:
1. Affidavit of Heirship (ORC 2113.03)
If the estate’s personal property value does not exceed $35,000 and there is no real estate, heirs may use an Affidavit of Heirship instead of full probate administration. This affidavit identifies all distributees, recites chain of title, and confirms there are no other heirs. See ORC 2113.03.
2. Consent to Sell Real Estate / Waiver of Confirmation Hearing
Under ORC 2109.47(D), heirs can waive the requirement for a separate confirmation hearing if they agree to the sale at or above the appraised value. Heirs sign a “Consent to Sell Real Estate” or “Waiver of Confirmation Hearing” form to streamline the process.
3. Authorization to Disburse Proceeds
Title companies and closing agents require each heir to execute an “Authorization to Disburse Sale Proceeds” or similar form. This directs how to allocate net proceeds—paying off mortgages, liens, estate expenses, and distributing each heir’s share.
4. Receipt and Release for Distribution
Before the probate court will release funds, each heir must sign a “Receipt and Release” acknowledging receipt of their share and releasing the personal representative from future claims. Many Ohio courts use form PR-D 004 or an equivalent local probate form.
5. Final Distribution Entry
Once all authorizations and affidavits are on file, the personal representative files a Final Distribution Entry under ORC 2109.53. The court then issues an order instructing the fiduciary to disburse the proceeds per the signed directions.
Helpful Hints
- Verify with your local probate court for required forms and templates—each county may vary.
- Consider using the Affidavit of Heirship (ORC 2113.03) for small estates to avoid full probate.
- Obtain signed waivers of confirmation hearings early to speed up the sale process.
- Detail all lien and expense payoffs in the distribution authorization to prevent delays.
- Confirm heirs’ identities with government-issued IDs before disbursing funds.
- Maintain thorough records of all signed authorizations and releases in the probate file.