PACKETS:Estates of Pickaway County residents are administered by the Pickaway County Probate Court.
The original will must be filed with the Probate Court for admission to Probate. The person named in the will should also apply for Appointment to Administer the Estate.
Summary Release can be filed if the total of the assets of the decedent’s estate does not exceed the lesser of $5,000.00 or the amount of decedent’s funeral and burial expenses if there in not a surviving spouse. If there is a surviving spouse, the value of the decedent’s estate does not exceed the total of the allowance for support that is made to the surviving spouse and minor children pursuant to ORC Section 2106.13 and an amount less than $5,000.00 for the decedent’s funeral and burial expenses, as defined in ORC Section 2113.031(A). A copy of the paid funeral bill must be submitted or assets will be ordered transferred to the funeral home up to the amount of the bill.
ESTATES WHERE DECEDENTS ASSETS ARE NOT SUBSTANTIAL
If probate assets total $35,000 or less, (or $100,000 or less and the surviving spouse is entitled to all of the assets and date of death is after 3/18/99) a Release from Administration can be filed. A commissioner will be appointed to collect and transfer the assets.
ESTATES WHERE DECEDENT’S ASSETS ARE MORE SIGNIFICANT
If probate assets total over $35,000 or $100,000 as stated above, a Full Administration must be filed. If there is a will (testate) an Executor will be appointed. If there is no will (intestate) an Administrator will be appointed to collect and distribute the assets. Administrators must file an appropriate bond (twice the personal property). Only an Executor or an Administrator has the power of sale of real estate. A Commissioner can only transfer real estate to the heirs.
These instructions are only a guideline and not legal advice. You are strongly encouraged to seek legal advice for assistance in connection with Administration of Estates.