Fill and Sign the Small Estate Affidavit and Related Forms Package for Estates Not More Than 35000 or 100000 and Inherited by Spouse Only Ohio

Prepared by U.S. Legal Forms, Inc. Copyright 2015 - U.S. Legal Forms, Inc. STATE OF OHIO APPLICATION TO RELIEVE ESTATE FROM ADMINISTRATION [ Small Estate Affadat ] Control Number – OH - ET – 10 NOTES ON COMPLETING THESE FORMS The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances the form field and the line will disappear after information is entered. In other cases it will not. This is appropriate and the way the form is designed to function. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Ohio. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U. S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. I. APPLICATION TO RELIEF ESTATE FROM ADMINISTRATION A. Section 2113.03 of the Ohio Revised Code, dealing with the release of a small estate from formal administration, provides that upon the application of an interested party, after notice of the filing of the application has been given the court, when satisfied that the assets of an estate are $335,000 or less in value [see Application for other circumstances in which the form may be used], and that creditors will not be prejudiced, the court may make an order relieving the estate from administration and directing delivery of personal property and transfer of real estate to the persons entitled to them. For the purpose of this section, the amount of property to be delivered or transferred to the surviving spouse or minor children of the deceased as the allowance for support, shall be established in accordance with section 2117.20 of the Revised Code. When a delivery, sale, or transfer of personal property has been ordered from an estate that has been relieved from administration, the court may appoint a commissioner to execute all necessary instruments of conveyance. The commissioner shall receipt for the property,, distribute the proceeds of the conveyance upon court order, and report to the court after distribution. When the decedent died testate, the will shall be presented for probate, and, if admitted to probate, the court may relieve the estate from administration and order distribution of the estate under the will, B. An application to relieve an estate from administration shall be in writing and shall contain the following information: The name, date and place of death of the decedent; The names, ages and addresses of the persons entitled to next estate of inheritance under the statutes of descent and distribution, and their respective degrees of relationship to the decedent; A summary statement of the character and value of the property comprising the estate; A list of all known creditors of the decedent, and the amount of their claims; If the decedent died intestate, a statement to that efect. II. WHAT FORMS ARE INCLUDED A. Application to Relieve Estate from Administration. This document states the reasons and other required details for the application. B. Notice of Application to Relieve Estate from Administration. C. Assets and Liabilities of Estate Relieved from Administration. D. Waiver of Notice of Application to Relieve Estate from Administration. E. Entry Relieving Estate from Administration. Note: This package contains forms for use throughout your State. However, some Counties, or Judges may require a diferent form, or modification to these forms. If this happens, please consult with your local Court Clerk. If you are required to use additional forms, please advise us by sending an e- mail to orders@uslegalforms.com. III. PROCEDURE A. Preliminary Note: 1. The attached forms may be completed by: a. Printing the forms and completing by hand. Use black ink and print neatly. b. Printing the forms and completing using a typewriter. c. By completing the forms on your computer using a word processing program and then printing the forms. 2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your name change. 3. Print three (3) complete sets of forms. 4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the name of the court and the full name of the Petitioner. The “Case No.” will be assigned by the court clerk at the time of filing. 5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – first name, middle name, last name. 6. When a form is filed with the court, request the clerk “file- stamp” one copy of the form for your file. 7. A Law Summary is available and can be printed for your State. To do so, go to where you located this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms. B. Procedure Step 1: Complete all the forms using complete names – middle names instead of middle initials. Note that the provisions of the Application and Assets and Liabilities forms are designed to provide the court with the required information and the specific information regarding the estate’s circumstances that will enable the Court to determine if the application is appropriate. Step 2: File the Application and other forms in the Probate Court in the county in which the decedent resided at the time of passing and pay the appropriate fee. NOTE: The key consideration at this point is notice - Notice to heirs and any others having an interest in the estate that might be prejudiced by approval of the Application. The Application and other forms must present the Court with a situation when it is in the interest of the parties and judicial efciency to grant the requested relief. Step 3: The court may or may not set the matter for a hearing before approving the Application. You should ask the clerk of court, family law intake staf, or judicial assistant about the local procedure for setting a hearing. Step 5: Obtain a certified copy of the Order/Entry from the Clerk after it has been signed by the Judge. PROBATE COURT OF ____________ COUNTY, OHIO ESTATE OF CASE NO.       , DECEASED       APPLICATION TO RELIEVE ESTATE FROM ADMINISTRATION [R.C. 2113.03] Applicant states that decedent died on       Decedent's domicile was       Street Address             City or Village, or Township if unincorporated area County                   Post Office State Zip Code [Check one of the following] Decedent's will has been admitted to probate in this Court. To applicant's knowledge, decedent did not leave a will. [Check one of the following] The assets are $15,000 or less and decedent died on or after January 1, 1976. The assets are $25,000 or less and decedent died on or after October 20, 1987. The assets are $35,000 or less and decedent died on or after November 9, 1994. The assets are $50,000 or less; the surviving spouse is entitled to all of the assets and the decedent died on or after April 16, 1993. The assets are $85,000 or less; the surviving spouse is entitled to all of the assets and the decedent died on or after September 14, 1993. The assets are $100,000 or less; the surviving spouse is entitled to all of the assets and the decedent died on or after March 18, 1999. Applicant asks that the estate be relieved from administration because the assets do not exceed the statutory limits. A statement of the assets and liabilities of the estate is listed on the attached Form 5.1, Assets And Liabilities Of Estate To Be Relieved From Administration. Applicant asks that letters of authority be issued appointing applicant as commissioner. The decedent's surviving spouse, next of kin, legatees, and devisees known to applicant, are listed on the attached Form 1.0. [Check, if applicable] Decedent was fifty-five (55) years of age or older at the time of death and was a recipient of medical assistance under Chapter 5111 of the Revised Code. Form 7.0 Notice of Administrator of Estate Recovery Program has been or will be filed. Attorney for Applicant Applicant             Typed or Printed Name Typed or Printed Name             Address Address                         Phone Number (include area code) Phone Number (include area code) Attorney Registration No. ___________________________________ FORM 5.0 - APPLICATION TO RELIEVE ESTATE FROM ADMINISTRATION WAIVER OF NOTICE The undersigned surviving spouse, heirs at law, legatees, devisees, and other persons entitled to notice of the filing of the application to relieve decedent's estate from administration, waive such notice. ________________________________________ __________________________________________ ________________________________________ __________________________________________ ________________________________________ __________________________________________ ________________________________________ __________________________________________ ENTRY SETTING HEARING AND ORDERING NOTICE The Court sets _____________________________________________, at ___________ o'clock _______. M., as the date and time for hearing the application to relieve decedent's estate from administration. [Check one of the following]  All notice is dispensed with as unnecessary.  Notice by publication to interested parties is dispensed with as unnecessary. Written notice shall be given, as provided by law and the Rules of Civil Procedure, to those persons entitled to notice, who have not waived notice.  Written notice is dispensed with as unnecessary. Notice by publication shall be given to interested parties as provided by law and the Rules of Civil Procedure.  Written notice shall be given to those persons entitled to notice, who have not waived notice, and notice by publication shall be given to interested parties, as provided by law and the Rules of Civil Procedure. ________________________________________ __________________________________________ Date Probate Judge PROBATE COURT OF ____________ COUNTY, OHIO ESTATE OF CASE NO.       , DECEASED       ASSETS AND LIABILITIES OF ESTATE TO BE RELIEVED FROM ADMINISTRATION Following is a summary statement of the character and value of the assets in decedent’s estate. (Insert a check in the “Appraised” column opposite an item if it was valued by the appraiser. Leave blank if the readily ascertainable value of the item was determined by applicant. Use extra sheets if necessary.) Automobiles distributed to surviving spouse by affidavit       Value __________________ First automobile selected by surviving spouse under R.C. 2106.18 (Omit value when computing total assets) .       .............. Appraised value $       Second automobile selected by surviving spouse under R.C. 2106.18 (Omit value when computing total assets) .       ........... Appraised value $       Total value (not to exceed $40,000.00) $       Character of asset Appraised Value Real Estate, described in accompanying Certificate of Transfer No. $       Other assets $             $             $             $             $             $             $             $             $             $             $             $       Total Assets $       Form 5.1 CASE NO. ____________________________ Following is a list of decedent’s known debts. (Use extra sheets if necessary.) Name of Creditor Nature of Debt Amount                                                                                                                                                                                                                                                                                                 Total Debts       CERTIFICATION The undersigned appraiser agreed to act as appraiser of decedent’s estate, and to appraise the property exhibited truly, honestly, impartially, and to the best of the appraiser’s knowledge and ability. The appraiser further says that those assets whose values were not readily ascertainable are indicated above by a check in the “Appraised” column opposite each such item, and that such values are correct. The undersigned applicant determined the value of those assets whose values were readily ascertainable and were not appraised by the appraiser, and that such values are correct, and to applicant’s knowledge the above list of decedent’s debts is correct. __________________________________________ Date __________________________________________ ______________________________________ Appraiser Applicant PROBATE COURT OF       COUNTY, OHIO ESTATE OF CASE NO.       , DECEASED       WAIVER OF NOTICE OF APPLICATION TO RELIEVE ESTATE FROM ADMINISTRATION The undersigned surviving spouse, children, heirs at law, legatees, devisees, and other persons entitled to notice of the filing of the application to relieve decedent’s estate from administration, waive such notice. Form 5.2 PROBATE COURT OF       COUNTY, OHIO ESTATE OF CASE NO.       , DECEASED       NOTICE OF APPLICATION TO RELIEVE ESTATE FROM ADMINISTRATION TO THE FOLLOWING PERSONS:             Name Address             Name Address             Name Address             Name Address             Name Address AN APPLICATION HAS BEEN FILED IN THIS COURT ASKING THAT DECEDENT’S ESTATE BE RELIEVED FROM ADMINISTRATION, SAYING THAT THE ASSETS IN THE ESTATE DO NOT EXCEED THE STATUTORY LIMITS. The hearing on the application will be held ____________________________________________, at 9:00 A.M., at the ____________ County Probate Court, ____________ , ____________ , Ohio. If you know of any reason why the application should not be granted, you should appear and inform the Court. ____________________________ Probate Judge and Ex-Officio Clerk __________________________________________ Deputy Clerk Form 5.3 CASE NO. ____________________________ RETURN OF SERVICE The State of Ohio County of __________________ ________________________________________________ , being duly sworn, says that on the day of ______________________________, 20 ____, this Notice was served by Certified mail to: ___                               ____________________________________ Sworn to before me, and signed in my presence, this ______ day of ________________ , 20____. _____________________________________________ Deputy Clerk PROBATE COURT OF ____________ COUNTY, OHIO ESTATE OF CASE NO.       , DECEASED       ENTRY RELIEVING ESTATE FROM ADMINISTRATION (R.C. 2113.03) Upon hearing the application to relieve decedent’s estate from administration, the Court finds that: Decedent died (check one of the following) - testate - intestate. The date of death and domicile are as stated in the application, and the Court has jurisdiction over the estate; Notice to the surviving spouse, children, heirs at law, legatees, devisees, and other persons was duly effected or dispensed with by the Court as unnecessary; The values of the several assets in the estate, given in the application do not exceed the statutory limits. The Court therefore relieves the estate from administration, and orders (check and complete whichever of the following are applicable): That the following personal property be sold (describe):             That the following debts of decedent shall be paid to the extent of assets:             That the statutory family allowance be paid to the surviving spouse - minor children of the decedent - apportioned between the surviving spouse and minor children of the decedent who are not the children of the surviving spouse. Attach Form 7.2A if necessary. The Certificate of Transfer No.       attached to the application and describing decedent’s real estate, issue and be preserved in the records of the Court and that authenticated copies of the certificate be delivered as required to the persons entitled to them; That the financial institutions holding accounts in decedent’s name as set forth below pay the same upon proper tax release (check one of the following) to the commissioner - to                   Form 5.6 CASE NO. ____________________________ That the remainder of the estate be distributed in cash or in kind, as follows:                   Name of Distributee Property Value or Amount $                                                                               The Court appoints ___________________ ____________________________________________________ commissioner, to receive and sell or distribute the personal property or proceeds thereof, and to execute all necessary documents of conveyance, including without limitation those necessary to transfer title to any motor vehicle, motorcycle, water craft, or other titled personal property sold or distributed in kind. The commissioner shall complete the duties and report to the Court within sixty days of the date of this entry. _________________________________ IT IS SO ORDERED . Date ____________________________________________ ___________________ , JUDGE Attorney/Applicant