Ohio Probate Types: Complete Comparison
Find the right probate procedure for your situation
Compare eligibility, costs, timelines, and requirements
Summary vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Eligibility | Under $35,000, or up to $100,000 when all probate assets pass to the surviving spouse | Larger or more complex estates | Summary |
| Filing Fee | $50-$200 | $200-$300 | Summary |
| Timeline | Varies by county | 8-12+ months | Summary |
| Attorney Required | No | No (but strongly recommended) | Summary |
| Executor Appointed | Usually no | Yes | Summary |
| Inventory Required | Limited | Yes | Summary |
All Ohio Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Summary Release from Administration ORC § 2113.031 | Funeral reimbursement up to $5,000, or spouse support allowance plus up to $5,000 funeral amount | $50-$100* | A few weeks to a couple of months | Yes, if transfer paperwork is included | No |
Release from Administration ORC § 2113.03 | Under $35,000, or up to $100,000 if all probate assets pass to spouse | $100-$200* | Varies by county | Yes | No |
Full Administration ORC Chapter 2113 | Over $35,000 or more complex estates | $200-$300* | 8-12+ months | Yes | No (recommended) |
* Filing fees vary by county. Executor compensation is set by ORC § 2113.35.
Detailed Comparison
Summary Release from Administration
ORC § 2113.031
Funeral/burial reimbursement cases and narrow spouse-only cases
Release from Administration
ORC § 2113.03
Smaller estates and many surviving-spouse cases
Full Administration
ORC Chapter 2113
Larger estates, real property, disputes, or creditor issues
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Take Free AssessmentFrequently 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.
Probate Costs →
Detailed breakdown of fees, attorney costs, and total expenses
Small Estate Guide →
Step-by-step instructions for simplified procedures
Important: Ohio probate filing fees vary by county. Contact the county probate court handling the estate for the current filing schedule.
Sources & Verification
Legal Authority: Ohio Revised Code Chapters 2105-2131
Last Verified: March 2026
Filing fees vary by county. Executor compensation is set by ORC § 2113.35.
This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Always verify current requirements with your local court clerk before filing.