Detailed Answer
Under Ohio law, you can use a small estate affidavit to collect and transfer a decedent’s personal assets when no real property exists and the total value does not exceed $60,000. A small estate affidavit streamlines the process by avoiding full probate court proceedings (R.C. § 2113.031).
To complete the affidavit, gather these key documents and information:
- Certified Death Certificate: Obtain one or more certified copies from the Ohio Department of Health or the county probate court.
- Small Estate Affidavit Form: Prepare the affidavit in writing. It must include:
- Decedent’s name, address, and date of death
- Affiant’s name and contact information
- Statement that no probate application is pending or has been granted
- Description and estimated value of each personal asset
- Declaration that the total value does not exceed $60,000
- Names and addresses of all persons entitled to the assets (if the affiant is not a surviving spouse)
- Proof of Relationship or Entitlement: Documents such as birth certificates, marriage certificates, or beneficiary designations showing your right to inherit.
- Asset Valuation Records: Recent bank statements, vehicle titles, tax records, stock certificates, or policy excerpts to support your asset values.
- Debt and Expense Records: Receipts for funeral expenses or other debts paid to ensure proper distribution under Ohio law.
- Notarized Signature: Sign the affidavit under oath before an Ohio notary public.
- Government-Issued ID: A photo ID (e.g., driver’s license) to verify your identity when presenting the affidavit to banks or other institutions.
Helpful Hints
- Double-check that the total value of assets stays below the $60,000 threshold.
- Order multiple certified death certificates to satisfy all institutions requiring proof of death.
- Review your local probate court’s filing requirements—court fees or cover sheets may vary by county.
- Keep copies of all submitted documents for your records before turning in originals.
- Consult an attorney if multiple heirs dispute distribution or if any real property exists.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a qualified Ohio attorney.