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Detailed Answer — How to decide which assets to list on an Ohio small estate affidavit

Use an Ohio small estate affidavit only for assets that are actually owned by the decedent at death and that do not automatically pass to someone else by title, contract, or operation of law. The affidavit’s purpose is to identify the decedent’s personal property that a third party (bank, title company, broker, etc.) may release to the claimant without full probate. Before you prepare or sign any affidavit, confirm the specific Ohio statute and the local probate court rules that govern the process (see Ohio Revised Code chapter overview: https://codes.ohio.gov/ohio-revised-code and the small-affidavit provision (example): https://codes.ohio.gov/ohio-revised-code/section-2117.06).

1) Basic rule: list assets in which the decedent had an ownership interest at death

Include personal property and intangible property that the decedent owned in their name alone or owned with an interest that does not automatically pass to another person on death. Examples to include (if owned solely or if decedent’s interest survives):

• Bank accounts titled solely in the decedent’s name (unless payable-on-death/transfer-on-death names a beneficiary)
• Cash on hand, household goods, jewelry, personal effects that belong to the decedent
• Brokerage or investment accounts registered only in the decedent’s name and without a transfer-on-death (TOD) designation
• Stock certificates in the decedent’s name alone
• Vehicles titled only in the decedent’s name (often handled by local title office but commonly listed on the affidavit)
• Business ownership interests that do not transfer automatically

2) Items you usually can omit (or note separately) because they pass outside probate

Do not list or place a dollar value for assets that passed automatically by operation of law or contract, unless an institution asks you to list them for informational purposes. Typical examples include:

• Jointly owned property with right of survivorship — these generally pass to the surviving joint owner and are not assets of the estate
• Accounts or securities with designated beneficiaries (POD, TOD, or payable-on-death designations)
• Life insurance proceeds and retirement accounts with named beneficiaries (401(k), IRA, pension) — these pass to beneficiaries directly
• Property held in a revocable living trust — trust assets are not estate assets for small estate affidavits

When in doubt, note the asset and explain the form of ownership next to it (e.g., “Joint tenancy w/ right of survivorship — survivor is Jane Doe”). That helps institutions see why you are not claiming a monetary interest.

3) When to put a zero or leave a line blank

Prefer clarity: do not leave lines blank; either write “None,” “N/A,” or “0” and, if helpful, add a short note explaining why. Use zero only in these situations:

• The decedent had no ownership interest at death (for example, an account was owned jointly and passed automatically)
• The decedent’s net interest is zero because the asset is encumbered by a lien equal to or exceeding the value (note the lien)
• You are listing an asset category where no property exists (e.g., “Vehicles: 0” if none)

If you don’t know the value, give a reasonable, good‑faith estimate and mark it as an estimate. If you intentionally understate or omit assets that belong to the estate, you risk liability for improper distribution.

4) Special categories and common pitfalls

• Real estate: Most small estate affidavits cover personal property only. Real estate typically requires probate or a specific statutory transfer and usually cannot be transferred via a small estate affidavit. Check local rules before listing real property.
• Vehicles: Motor vehicle title transfers often have their own affidavits or procedures; list the vehicle on the small estate affidavit if asked, but also contact the BMV or local title agency about required title paperwork.
• Accounts with ambiguous ownership: If an account is titled to the decedent and another person without explicit ‘‘JTWROS’’ language, an institution may treat it differently. Document account titles exactly as they appear.
• Debts and encumbrances: The affidavit often asks for gross value. If there are liens or outstanding loans attached to an asset, disclose them. Listing gross and net values can be helpful (e.g., “Car — gross $8,000; lien $6,000; net $2,000”).

5) Practical steps to prepare a reliable affidavit

1. Gather documents: death certificate, account statements, titles, trust documents, insurance policies, beneficiary designations, and prior wills.
2. Check account titles and beneficiary designations directly with each institution. Many banks and brokerages will tell you what they require for release.
3. List every asset that appears to be owned by the decedent, state the ownership form, and give a value or mark “none/0” with an explanation.
4. Keep copies of your inquiries and the institution responses in case a later question arises.
5. If the total value might exceed the statutory limit for a small estate procedure (check the statute and local court rules), do not use the affidavit until you confirm eligibility with the probate court.

6) When to ask the probate court or an attorney

If title is unclear, values are disputed, multiple claimants exist, creditors complicate the picture, or you face a large or mixed estate (real property plus personal property), contact the probate court clerk or consider consulting an attorney. The court can confirm whether the small estate affidavit route is available and may provide forms or instructions.

Reference for Ohio law: review Ohio Revised Code materials at the official code site (https://codes.ohio.gov/ohio-revised-code) and the probate chapter that covers summary procedures (example statutory reference: https://codes.ohio.gov/ohio-revised-code/section-2117.06). Local probate court websites also post forms and eligibility rules.

Helpful Hints

• Label each line clearly — write “N/A” or “0” rather than leaving blanks.
• Always state the form of ownership next to the asset (e.g., sole name, joint tenancy with survivor, POD to John Doe).
• If unsure about an asset’s status, call the institution that holds it. Their acceptance rules will often dictate what you must include on the affidavit.
• If an asset has a beneficiary designation or is held in trust, mark it as such and do not claim a value unless the institution requests confirmation.
• Provide good‑faith estimates for values and mark them “estimate.” Inaccurate intentional omissions can create legal exposure later.
• Keep careful records of communications and documents you relied on when preparing the affidavit.
• If total estate value approaches the small estate statutory threshold or includes real estate, stop and seek court guidance — using the wrong procedure can delay transfers or create personal liability.

Disclaimer: This article explains general Ohio procedures and common practice. It is educational only and is not legal advice. For advice about a specific situation, consult the probate court clerk or a licensed Ohio attorney.