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Ohio Probate Types: Release vs Full Administration

Find the right probate procedure for your situation

Compare eligibility, timing, court involvement, and local verification points

Release vs Full Administration at a Glance

Eligibility

Release

Release: Under $35,000, or up to $100,000 when all probate assets pass to the surviving spouse

Full Administration: Larger or more complex estates

Filing Fee

Release

Release: $50-$200

Full Administration: $200-$300

Timeline

Release

Release: Varies by county

Full Administration: 8-12+ months

Attorney Required

Release

Release: No

Full Administration: No (but strongly recommended)

Executor Appointed

Release

Release: Usually no

Full Administration: Yes

Inventory Required

Release

Release: Limited

Full Administration: Yes

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Main Ohio Probate Options

Summary Release from Administration

ORC § 2113.031

Funeral/burial reimbursement cases and narrow spouse-only cases

Threshold: Funeral reimbursement up to $5,000, or spouse support allowance plus up to $5,000 funeral amount

Filing Fee: $50-$100*

Timeline: A few weeks to a couple of months

Real Estate: Yes, if transfer paperwork is included

Attorney: No

Release from Administration

ORC § 2113.03

Smaller estates and many surviving-spouse cases

Threshold: Under $35,000, or up to $100,000 if all probate assets pass to spouse

Filing Fee: $100-$200*

Timeline: Varies by county

Real Estate: Yes

Attorney: No

Full Administration

ORC Chapter 2113

Larger estates, real property, disputes, or creditor issues

Threshold: Over $35,000 or more complex estates

Filing Fee: $200-$300*

Timeline: 8-12+ months

Real Estate: Yes

Attorney: No (recommended)

* Filing fees vary by county. Executor compensation is set by ORC § 2113.35.

Unfamiliar terms in the comparison? The Ohio probate glossary defines them in plain language.

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Frequently Asked Questions

What are the Ohio probate thresholds?
Ohio generally uses a $35,000 Release from Administration limit, or up to $100,000 if all probate assets pass to the surviving spouse. Summary Release is narrower: it is usually limited to funeral/burial reimbursement up to $5,000, or for a qualifying surviving spouse to the support allowance plus up to $5,000 of funeral expenses.
Do I need an attorney for probate in Ohio?
Ohio does not generally require an attorney for probate. However, Full Administration is complex enough that many families still hire counsel. Simplified procedures are more likely to be handled without an attorney.
What is the difference between Release from Administration and Full Administration?
Release from Administration is a simplified court process for smaller estates, while Full Administration involves appointing an executor or administrator, filing inventories, and working through a full probate case with more court supervision.
How long does probate take in Ohio?
Summary Release from Administration often takes a few weeks to a couple of months. Release from Administration varies by county and the notice requirements. Full Administration often takes 8-12 months or longer.
How are executors paid in Ohio?
Ohio statutory executor compensation is generally 4% of the first $100,000, 3% of the next $300,000, and 2% of amounts over $400,000, plus possible extraordinary compensation in some cases.

Important: Ohio probate filing fees vary by county. Contact the county probate court handling the estate for the current filing schedule.

Legal Authority: Ohio Revised Code Chapters 2105-2131. Last Verified: March 2026.

This content is for informational purposes only and is not legal advice or a substitute for attorney review. Laws and fees may change. Verify current requirements with your local court clerk before filing.

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