Do I need to publish a notice to creditors for three months under Ohio’s small estate process before selling a decedent’s house?

Short answer: No — the Ohio “small estate” affidavit process generally applies only to collecting and distributing personal property, not to transferring or selling real estate (a house). If the house does not pass automatically (for example by joint tenancy or a valid transfer-on-death deed), you will usually need authority from the probate court (or a deed signed by all heirs) before a title company will allow a sale. Probate administrations include creditor-notice requirements; the specific publication and claim deadlines differ from the small estate affidavit.

Detailed answer — how Ohio law affects selling a decedent’s house

Start with two basic points:

1. Ohio’s small estate affidavit (commonly used under Ohio Rev. Code § 2113.03) is aimed at collecting personal property of limited value. It is not designed to transfer real property such as a house. See the statute: Ohio Rev. Code § 2113.03.
2. When real property is involved, title companies and buyers typically require clear title or a court order authorizing sale. That usually means opening a probate administration (or obtaining letters of authority) or having all distributees sign a deed transferring title.

When you might not need probate or publication

• If the decedent owned the house jointly with right of survivorship, the survivor may own the house outright and can usually transfer or sell without probate.
• If the decedent executed a valid transfer-on-death deed (TOD deed) for real property, title passes outside probate to the named beneficiary on the deed.
• If all heirs and beneficiaries voluntarily sign a new deed conveying the property, a title company may accept that (but many companies insist on a court-confirmed transfer to avoid later claims).

When probate and creditor notice become important

If the house does not pass outside probate, you commonly must either:

• Open a probate estate and be appointed executor or administrator (receive “letters”), then ask the court for authority to sell; or
• Use a simplified probate procedure the court allows, if applicable; or
• Have all heirs execute and record a deed transferring title (only when there is agreement and no title company or lender objection).

When the probate court supervises an estate, Ohio law requires giving notice to creditors so that creditors can present claims. That creditor-notice process and the related deadlines are governed by the probate statutes (for example, provisions in Chapter 2117). See an overview of notice requirements here: Ohio Rev. Code § 2117.06. The probate court’s required publication and the window for filing claims protect the estate and the personal representative, and a buyer or title company will often want those protections satisfied before closing a sale of real property.

Key practical consequences

• If you try to sell the house using only the small estate affidavit for personal property, the title company and buyer will almost certainly refuse because the affidavit does not convey title to real estate.
• Probate with proper creditor notice helps clear title and limits later creditor claims that could jeopardize a sale.
• Even if the statute requires publication in a probate administration, the duration and manner of publication vary by the type of administration — it is not a fixed “three months under small estate” rule that applies to selling real property via the small estate affidavit.

Typical steps to sell a decedent’s house in Ohio

1. Check how title passes: joint tenancy, TOD deed, or beneficiary designation. If title passes outside probate, gather documentation and contact the county recorder/title company.
2. If title does not pass automatically, consult the probate court about opening an estate or seeking a limited court order to sell. Apply for appointment as administrator/executor if needed.
3. The court will tell you creditor-notice requirements for that type of administration. Follow the court’s directions and statutory notice requirements (see Ohio Rev. Code § 2117.06).
4. Work with a title company and, if there is a mortgage, the lender to get payoff information. The title company will advise whether a court order, probate discharge, or heir-signed deed is required to close.
5. If creditors present claims, resolve them before distributing sale proceeds as the court directs.

Helpful hints

• Do not rely on a small estate affidavit to transfer a house — it’s for personal property. See: Ohio Rev. Code § 2113.03.
• Ask the county recorder or a title company how title currently stands (joint tenants, TOD, or sole ownership).
• Call the probate court clerk and ask what procedure the court uses for estates that include real property — they can explain required filings and creditor-notice steps.
• Be prepared to produce the death certificate, the decedent’s deed, mortgage statements, and any will or beneficiary documents.
• Consider a brief consultation with a probate attorney — selling real property from an estate often raises title, creditor, and tax questions where an attorney’s guidance can prevent costly problems.

Where to read the law

Relevant Ohio statutes include the small estate affidavit provision and the probate creditor-notice provisions. Two starting points:

• Small estate affidavit (personal property): Ohio Rev. Code § 2113.03.
• Creditor notice and claim procedures in probate (examples and notice rules): Ohio Rev. Code § 2117.06.

Bottom line: You generally do not publish a three-month creditor notice as part of the small estate affidavit process to sell a house, because the affidavit covers personal property only. To sell real property you usually need probate court authority or a clear title conveyance; the probate process includes creditor-notice requirements that you must follow. Talk to the probate clerk, a title company, or a probate attorney to determine the exact steps for your mother’s house.

Disclaimer: This article explains general information about Ohio law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Ohio attorney or the local probate court.