Disclaimer: This article provides general information about Ohio probate law. It does not constitute legal advice. Consult a qualified probate attorney to address your specific situation.
Detailed Answer
What Is a Year’s Allowance?
Under Ohio law, a surviving spouse may claim a year’s allowance from the decedent’s personal property for support during the first year following death. See Ohio Rev. Code § 2106.06 (https://codes.ohio.gov/ohio-revised-code/section-2106.06). The court sets aside up to the statutory maximum (for example, $30,000 without minor children; higher with children), taken from the estate’s personal property.
Why an Inventory Is Required
Before granting a year’s allowance, the probate court relies on an inventory of the estate’s assets. Ohio Rev. Code § 2115.02 (https://codes.ohio.gov/ohio-revised-code/section-2115.02) mandates that the executor or administrator file a complete inventory of all real and personal property within three months of appointment. This inventory ensures transparency and helps the court determine whether sufficient assets exist to satisfy claims, including the year’s allowance.
Listing Personal Property Assets for the Year’s Allowance
Yes. To claim a year’s allowance, you must list all personal property assets in your inventory and indicate which items you propose to set aside for your allowance. Personal property includes bank accounts, vehicles, jewelry, household furnishings, and other tangible items. Accurately itemize each asset, assign a fair market value, and file the schedule with the probate court.
Failing to list personal property may lead the court to deny or reduce the allowance. The court cannot set aside unlisted assets. The executor must preserve any listed assets and transfer them to the surviving spouse as permitted by the statute.
How the Court Reviews Your Request
After you file the inventory and allowance schedule, the court schedules a hearing. Creditors and heirs receive notice. The judge reviews whether your proposed items fall within the statutory cap and whether they are solely personal property. Real property generally does not qualify under the year’s allowance statute.
If the estate’s personal assets fall short of the full statutory amount, the court may award the maximum available value. If assets exceed the cap, the court limits the allowance to the statutory maximum under Ohio Rev. Code § 2106.06.
Helpful Hints
- File your initial inventory under Ohio Rev. Code § 2115.02 within three months to avoid penalties.
- Use conservative fair market values to prevent disputes and creditor challenges.
- List household goods separately from bank accounts and securities.
- Consult the probate clerk for local filing procedures and deadlines.
- Attend the allowance hearing with documentation of asset values and titles.
- Keep copies of all filings for your records.