Using Ohio small‑estate affidavits to collect a deceased parent’s bank account

Can I use a small‑estate affidavit in Ohio to claim a deceased parent’s bank account?

This FAQ explains how Ohio law allows certain heirs to collect small amounts of a decedent’s personal property (including bank accounts) without formal probate administration. It uses a simple hypothetical to illustrate the typical steps, lists what documents you’ll need, and explains when you cannot use the affidavit and must open a probate estate instead. This is informational only and not legal advice.

Hypothetical facts (example)

Your father, John Doe, died owning a single checking account at an Ohio bank with $8,400. He left no will. There are no known ongoing business liabilities and no creditor claims you are aware of. You are one of two adult children and want to collect your father’s bank funds to pay immediate expenses.

Detailed answer — how the Ohio process works

Ohio law provides a procedure for collecting a decedent’s personal property without formal administration when the estate (or the particular item) qualifies as a “small” asset. The controlling statute for collecting personal property is Ohio Revised Code Section 2113.03. Read the statute for current thresholds and precise wording: https://codes.ohio.gov/ohio-revised-code/section-2113.03

Key points of the small‑estate/collection procedure in Ohio:

Who can use it: a person who appears to be entitled to receive the decedent’s personal property (an heir or legatee) may collect that property without opening formal probate if the statutory conditions are met.
Which property qualifies: the statute covers personal property (for example, bank accounts, personal effects) that is not already delivered to a legatee, assigned, or otherwise disposed of—and that falls within the statutory value limit. Check ORC 2113.03 for the current dollar limit and full requirements: https://codes.ohio.gov/ohio-revised-code/section-2113.03
What the affidavit accomplishes: a properly completed and notarized affidavit demonstrates to a bank or other holder of funds that the claimant is entitled to collect the asset without letters testamentary or administration being opened.
Distribution among heirs: once you collect funds using the affidavit, you must distribute them according to the decedent’s will or, if there is no will, under Ohio’s intestacy rules (see ORC 2105.06 for descent and distribution): https://codes.ohio.gov/ohio-revised-code/section-2105.06

Step‑by‑step: Using the small‑estate (collection) affidavit

Confirm the account ownership and beneficiaries. Determine whether the bank account is a sole account, joint account, or payable‑on‑death (POD)/transfer‑on‑death (TOD) account. Joint accounts and POD/TOD designations typically pass outside any probate or affidavit process to the surviving owner or named beneficiary.
Check whether the asset qualifies under ORC 2113.03. Review the statute and confirm the account’s balance and the decedent’s other personal property do not push you past the statutory limit for nonadministrative collection. If the estate or the asset exceeds the statutory limit or if creditors or disputes exist, you may need to open probate.
Gather documents. Typical documents banks require include a certified copy of the death certificate, your government ID, statements showing the account balance, and the signed, notarized affidavit. Banks often also want proof of your relationship to the decedent (for example, a birth certificate or other family record) to show you are an heir.
Prepare the affidavit. The affidavit should meet the requirements of ORC 2113.03. It generally must identify the decedent, state that no administration has been or will be opened for the estate (if applicable), list the heirs and their relationship, state the value of the property to be collected, and be signed under penalty of perjury and notarized. Many banks have their own affidavit form that follows Ohio law; ask the bank first whether it will accept its form.
Present the affidavit to the bank or holder of funds. The bank will verify the affidavit, the death certificate, and any beneficiary or joint‑owner records. If the bank accepts the affidavit, it will release the funds up to the statutory limit. The bank may still place a short hold for internal review or to check for conflicting claims.
Distribute the funds correctly. If you collect funds on behalf of other heirs, distribute them according to the will or Ohio’s intestacy laws (ORC 2105.06). Keep records of distributions in case of later disputes or creditor claims.

When you cannot use the small‑estate affidavit

The account is jointly owned or has a valid POD/TOD beneficiary that directs disposition to another person.
The total property to be collected exceeds the statutory threshold in ORC 2113.03.
There are known creditor claims, pending lawsuits, or disputes among heirs that require court oversight.
The bank refuses to accept the affidavit (banks have internal policies and may require letters testamentary or ancillary probate).

Practical tips and likely bank requirements

Contact the bank early. Ask if they have a preferred affidavit form and what documentation they require.
Obtain several certified copies of the death certificate from the county that issued it. Banks typically request an original certified copy or bank‑certified copy.
Bring government‑issued photo ID and proof of your relationship to the decedent (e.g., birth certificate, family records).
Keep accurate records of all receipts and transfers when you collect and distribute funds.
If the bank refuses to release funds, you may need to consult a probate court or an attorney to open a limited administration or request letters of authority.

Common complications and how to handle them

Conflict among heirs: if heirs disagree about distribution, any party can ask the probate court to open an estate and resolve disputes.
Banks with stricter policies: some banks will not accept a small‑estate affidavit and will require formal probate; ask about this before preparing documents.
Unknown debts or claims: if substantial creditor claims exist or could arise, opening probate gives the court authority to supervise creditor notices and resolution.

When to consider hiring an attorney

Consider consulting a probate attorney if the bank refuses the affidavit, if the estate is near or exceeds the statutory limit, if there are creditor claims, or if heirs dispute the distribution. An attorney can advise whether a simple affidavit suffices or whether limited or full administration is necessary.

Helpful Hints

Start by asking the bank whether the account has POD/TOD beneficiaries or joint owners—these often avoid any probate step.
Verify the current dollar threshold and exact affidavit requirements under ORC 2113.03 before relying on the small‑estate procedure: https://codes.ohio.gov/ohio-revised-code/section-2113.03
If no will exists, review Ohio’s intestacy rules for distribution: https://codes.ohio.gov/ohio-revised-code/section-2105.06
Use the bank’s affidavit form if available: it reduces the chance the bank will reject your submission.
Get multiple certified death certificates at the time of the funeral or through the county health department—many entities will request an original certified copy.
Keep full documentation of any disbursements to co‑heirs to avoid later claims of mishandling funds.

Disclaimer

This article explains general Ohio procedures and cites Ohio statutes for reference. It is educational only and not legal advice. For advice about your specific situation or help preparing legal documents, consult a licensed Ohio attorney or the probate court in the county where the decedent lived.

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