FAQ: Submitting an Affidavit Accounting for Personal Property in an Ohio Small Estate Case

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Ohio procedures to help you decide whether to consult an attorney or the probate court for your situation.

Detailed Answer

This answer explains how to prepare and submit an affidavit to collect or account for a deceased person’s personal property under Ohio’s small estate procedures. Ohio law lets certain heirs or entitled persons collect personal property without full probate if the estate meets statutory conditions. The controlling statutory provisions for descent, distribution and related procedures appear in the Ohio Revised Code, chapter 2113. See: Ohio Rev. Code Chapter 2113.

1. Confirm the estate qualifies as a “small estate”

Ohio’s small estate rules have requirements about the type and total value of assets and whether administration has already been opened. Before preparing an affidavit, confirm the estate meets the statutory threshold and conditions. Because statutes and court rules can change, check the current Ohio Revised Code and your local probate court clerk for the exact dollar thresholds and limits.

2. Who may use the affidavit?

Typically a surviving spouse, family member, or other person entitled to possession under the laws of descent and distribution may sign the affidavit. The person signing must be able to swear to the facts in the affidavit — their identity and relationship to the decedent, and their belief about the estate’s value and the absence of administration or pending claims.

3. What information and documents to gather

• Death certificate for the decedent.
• Proof of your identity and relationship to the decedent (e.g., marriage certificate, birth certificate, or other documents).
• List of the decedent’s personal property you seek to collect (bank accounts, vehicles, household goods, personal effects), with estimated values for each item.
• Title or account documents if a bank, credit union, or other holder needs proof to release assets (account numbers, vehicle title, policy numbers).
• Any existing wills, letters testamentary, letters of authority, or documents showing administration has not been opened (or copies of filings if administration is pending).

4. Drafting the affidavit (what to include)

The affidavit should be a sworn statement that includes all required facts to meet Ohio’s statutory format. Typical contents:

• Caption identifying the decedent (full name) and the county where the decedent last lived.
• Declarant’s name, address, and statement of relationship or legal interest in the estate.
• Date of the decedent’s death and a statement that a certified copy of the death certificate is attached or available.
• A clear statement that no administration (probate case) has been opened in the county of decedent’s residence, or a statement describing any pending administration.
• An itemized list of the decedent’s personal property that the declarant seeks to collect, with a total estimated value.
• A statutory statement swearing that the declarant believes, under penalty of perjury, that the value of the decedent’s personal property subject to collection is within the small estate limits and that the declarant is entitled to collect those assets.
• A list of other heirs or persons known to have an interest (names and addresses) when required by local practice.
• Signature line for the declarant and a notary block for notarization.

Many probate courts or the Ohio Supreme Court provide sample affidavit forms or guidance. If you need an exact statutory form, check your county probate court or the Ohio courts’ forms pages.

5. Notarization and attachments

Sign the affidavit in front of a notary public and attach a certified copy of the death certificate. Attach any documents referenced (titles, account statements). Banks and other holders may require original documents or certified copies in addition to the affidavit.

6. Filing vs. delivering the affidavit

In many small estate situations the affidavit is presented directly to the holder of the property (e.g., bank, motor vehicle office, or a person who possesses tangible property). Some collectors also file a copy with the probate court to create a public record; local practice varies. If in doubt, contact the probate court clerk in the county where the decedent lived and ask whether you should file a copy and whether the court has a required form.

7. Serving or notifying other heirs

Ohio law and local rules may require notice to other heirs or persons with an interest in the estate before you can collect certain assets. Even where not required, providing written notice to known heirs reduces the risk of a later dispute. If the estate has creditors or there is a will, different procedures and timelines may apply.

8. How third parties (banks, DMV, etc.) typically respond

Third parties who hold the property have discretion under their own policies and Ohio law to release assets after reviewing the affidavit, identification, and supporting documents. A bank may require a short internal review before releasing funds and may ask for a certified death certificate and a copy of the affidavit. For titled property (cars), the BMV may have its own form and process.

9. What if someone disputes the affidavit or an heir appears

If another person challenges your right to collect or if the probate court determines the estate does not qualify for small estate procedures, the court may require opening a full administration (appointment of a personal representative) or direct a different remedy. In contested situations consult an attorney or file the matter with the probate court.

10. When to consult an attorney

Consider legal help if the estate has significant assets, property disputes, outstanding creditor claims, complex titles (real estate), or if multiple people claim a right to the property. An attorney can prepare proper pleadings, represent you at hearings, and reduce the risk of liability to creditors or coheirs.

Helpful Hints

• Confirm the current small estate dollar threshold with the probate court clerk or the Ohio Revised Code before preparing an affidavit.
• Use a clear, itemized list of personal property with values — vague descriptions invite delay.
• Attach a certified copy of the death certificate; many institutions will not act without it.
• Keep copies of everything you submit, including the notarized affidavit and attachments.
• Call the particular bank, title agency, or holder before presenting the affidavit to learn their document and identification requirements.
• If the asset holder refuses to release assets despite a proper affidavit, ask the holder in writing to explain the basis for refusal; keep the written response.
• If there’s a will or known creditors, or if the estate appears larger than allowed, stop and get court guidance—improper collection can create personal liability.
• Many probate courts provide sample affidavit forms; using a local form reduces rejection risk.
• If you anticipate disputes among heirs, consider opening a formal probate administration to get a court-supervised process.

For the exact statutory language and any updates, review the Ohio Revised Code, chapter 2113: https://codes.ohio.gov/ohio-revised-code/chapter-2113.

If you are unsure how to proceed for your specific facts, contacting the clerk of the probate court in the county where the decedent lived is often the fastest way to learn local procedures and required forms. If the matter is complex or contested, consult a probate attorney.