Get County, Ohio Application For Apportionment Of Family ... - Supreme Court

The Administrator must be a resident of Ohio. If you have a surviving spouse, children, or grandchildren who are willing to serve, the probate court can appoint them as Administrator.

ing to Ohio's intestate laws, property is distributed as follows: If there is a surviving spouse, the entire estate will go to him or her unless there are children who are not the natural children of the surviving spouse, then the estate gets distributed differently.

A small estate that does not require the filing of a federal estate tax return and has no creditor issues often can be settled within six months of the appointment of the executor or administrator. However, if a federal estate tax return is required, the administration of the estate can last more than a year.

To obtain your Ohio Certificate of Authority, you will submit an Application for Certificate of Authority, along with required certificates or certified copies from your home state. You will need to appoint a registered agent in order for your filing to be approved.

Regardless of the choices detailed directly above, Ohio law dictates that $40,000.00 is set aside from the assets of an estate if the deceased died leaving a surviving spouse and/or minor children. This is commonly known as a “spousal allowance” or “family allowance”, and is considered a priority claim.

Upon the death of a resident of this state who dies intestate, letters of administration of the decedent's estate shall be granted by the probate court of the county in which the decedent was a resident at the time of death.

As a surviving spouse, you may be entitled to a support allowance of up to $40,000. If your spouse has any children under age 18 who are not also your children, the support allowance will be divided between the surviving spouse and those children.

For a “summary release from administration”—which involves no probate—the estate's value must be less than $5,000, or the funeral expenses must come to that same amount. In addition, if the estate is worth less than $45,000, all assets will be transferred to any surviving spouse.