Detailed Answer
Preparing an heirship affidavit in Ohio lets family members establish who inherits a decedent’s assets when no formal probate administration is necessary. Ohio law provides streamlined procedures for both personal and real property.
1. Determine Eligibility
- Personal Property: If the decedent died intestate (without a will) and the total value of personal assets does not exceed $35,000, you may use the small‐estate affidavit under Ohio Revised Code Section 2113.03 (R.C. 2113.03).
- Real Property: To confirm heirs for real estate when no administration is pending, use the heirship affidavit process under Ohio Revised Code Section 2107.42 (R.C. 2107.42).
2. Gather Required Information
- Decedent Details: Full legal name, date of death, last Ohio residence.
- Heirs List: Names, relationships, addresses of all known heirs (spouse, children, parents, siblings, etc.).
- Asset Description: For personal property, list bank accounts, vehicles or household goods. For real property, include legal description and parcel number.
3. Complete the Affidavit Form
Create or download a form that includes:
- A sworn statement by the affiant (the person filing) that they have personal knowledge of the decedent’s family tree and assets.
- Affirmation that no probate administration is open in Ohio for these assets.
- Itemized list of assets and an estimated total value (for personal property).
4. Notarize and File
- Sign the affidavit before a notary public.
- File the original with the probate court in the county where the decedent last lived (for personalty) or where the real estate is located.
- Pay the applicable court filing fee (varies by county).
5. Provide Copies to Third Parties
Once the court file stamp appears on the affidavit, furnish certified copies to banks, title companies or other entities holding the decedent’s assets to effectuate transfers.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Verify the $35,000 value limit under R.C. 2113.03 as it may adjust over time.
- Use clear family relationship charts to avoid confusion among heirs.
- Keep original death certificate and any prior wills or estate documents handy.
- Check local probate court websites for sample affidavit forms or fee schedules.
- Consider a brief attorney review to ensure compliance with Ohio rules.