Monte Kenneth SnyderDivorce / Separation LawyerMiddletown, OH ·
Your father's estate may be eligible for a summary release from administration based upon your description of the value of assets at less than $5,000. In Ohio, this procedure may be used when:
There is no surviving spouse and:
a) The value of the assets to be probated does not exceed $5,000.00;
b) The applicant paid a funeral bill equal to or greater than the assets, or
c) The applicant paid or is obligated in writing to pay the decedent’s funeral and
burial expenses that are equal to or greater than the assets to be probated.
It may also be used if there is a surviving spouse and:
a) The value of the estate assets do not exceed $45,000.00;
b) The surviving spouse paid or is responsible in writing to pay the decedent’s
funeral and burial expenses, and;
c) The surviving spouse is also entitled to the entire allowance of support provided
for under Section 2106.13 of the Revised Code.
The nature of the assets & their value at the date of death must be determined first, in order to arrive at the total estimated value of the estate. If you meet either of the above requirements, a summary release from administration is available to your father's estate.
If the total asset value is greater than $5,000, a release from administration is the next procedure to consider.
Generally, any asset held solely in the name of the person who has died must pass
through the probate process. Other title considerations should be investigated & valuation methods vary depending upon the type of asset. I recommend retaining an attorney in any estate administration. The cost in this type of estate is negligible & will save you much time and stress.
You should check with a probate lawyer in your area. Ohio may have a small estate procedure that you could utilize. Someone should step up and take responsibility for taking care of your father's estate. Good luck.
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My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
Ohio has summary release from administration or release from administration process that can be used on small estates. One of the siblings should follow this procedure to handle your father's estate.