Where the estate is opened.
See the tax section for the exemption or the repeal.
Living trust or probate
A revocable living trust holds assets you title in the trustee's name. You can serve as trustee while you are able.
At death, the successor trustee handles those assets. Property you leave in your own name can still go through the probate court. A pour-over will sends leftover assets into the trust, and those leftover assets may pass through probate first.
The probate path
In Ohio, the estate is opened in the Probate Court.
Ohio Revised Code section 2113.35 gives the probate court power to deny or reduce an executor's or administrator's compensation if the fiduciary has not faithfully discharged the duties. Section 2113.03 lets the probate court, on application of any interested party and after the notice the court directs, enter an order relieving the estate from administration and directing delivery of personal property and transfer of real property. Section 2113.031 is a separate summary release from administration, also ordered by the probate court. They do not state an affidavit collection limit.
Source: Ohio Revised Code 2113.03, Release from administration
Fees
In Ohio, probate compensation is reasonable compensation under the statute linked below.
Ohio Revised Code section 2113.35 allows executors and administrators fees upon the amount of all the personal property, including the income from the personal property, that is received and accounted for by them and upon the proceeds of real property that is sold: for the first one hundred thousand dollars, four per cent; all above one hundred thousand dollars and not exceeding four hundred thousand dollars, three per cent; all above four hundred thousand dollars, two per cent. They are also allowed one per cent on the value of real property that is not sold, and one per cent on stated property not subject to administration. These fees are full compensation for all ordinary services. Section 2113.36 allows reasonable attorney fees as expenses of administration.
Source: Ohio Revised Code 2113.35, Commissions
Small estate
Ohio has a small-estate procedure. The statute states who can use it.
Section 2113.03 is a probate court release from administration if the value of the assets of the estate is thirty-five thousand dollars or less, or one hundred thousand dollars or less when a surviving spouse takes the entire estate under the will or under the intestacy and allowance rules stated in the section. Section 2113.031 is a summary release from administration. For an applicant who is not the surviving spouse, the assets may not exceed the lesser of five thousand dollars or the decedent's funeral and burial expenses.
Source: Ohio Revised Code 2113.03, Release from administration
Estate or inheritance tax
Ohio has no current estate tax on the page linked below.
The Ohio Department of Taxation states that the Ohio estate tax was repealed effective January 1, 2013 for estates of individuals with a date of death on or after that date, and that a later sunset means no Ohio estate tax is due for property first discovered after December 31, 2021. The same pages state that the department no longer requires a tax release or inheritance tax waiver form before certain assets may be transferred.
Source: Ohio Department of Taxation, Estate Tax
Questions
The answers use the same statute and court pages as the sections above.
Does a living trust avoid probate in Ohio?
A revocable living trust holds the assets you title in the trustee's name. The successor trustee handles those assets. Property still titled in your own name can be a probate matter. A pour-over will can send leftover assets into the trust, and those leftover assets may still pass through probate first.
What is the small-estate procedure in Ohio?
Section 2113.03 is a probate court release from administration if the value of the assets of the estate is thirty-five thousand dollars or less, or one hundred thousand dollars or less when a surviving spouse takes the entire estate under the will or under the intestacy and allowance rules stated in the section. Section 2113.031 is a summary release from administration. For an applicant who is not the surviving spouse, the assets may not exceed the lesser of five thousand dollars or the decedent's funeral and burial expenses.
How are probate fees set in Ohio?
Ohio Revised Code section 2113.35 allows executors and administrators fees upon the amount of all the personal property, including the income from the personal property, that is received and accounted for by them and upon the proceeds of real property that is sold: for the first one hundred thousand dollars, four per cent; all above one hundred thousand dollars and not exceeding four hundred thousand dollars, three per cent; all above four hundred thousand dollars, two per cent. They are also allowed one per cent on the value of real property that is not sold, and one per cent on stated property not subject to administration. These fees are full compensation for all ordinary services. Section 2113.36 allows reasonable attorney fees as expenses of administration.
Does Ohio tax an estate or an inheritance?
The Ohio Department of Taxation states that the Ohio estate tax was repealed effective January 1, 2013 for estates of individuals with a date of death on or after that date, and that a later sunset means no Ohio estate tax is due for property first discovered after December 31, 2021. The same pages state that the department no longer requires a tax release or inheritance tax waiver form before certain assets may be transferred.
Sources
These are the statute and court pages used above.