Ohio Small Estate Affidavit Template Modify Form Here

Ohio Small Estate Affidavit Template

The Ohio Small Estate Affidavit is a legal document that allows individuals to settle the estate of a deceased person without going through the lengthy probate process. This form is particularly useful for estates with a total value below a certain threshold, enabling heirs to claim assets efficiently. Understanding how to properly complete and file this affidavit can save time and reduce stress during a challenging period.

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In Ohio, managing the estate of a deceased person can often be a complex and emotional process, especially when it comes to settling small estates. For those navigating this challenging time, the Ohio Small Estate Affidavit form offers a streamlined solution. This form allows heirs or beneficiaries to bypass the lengthy probate process, provided the total value of the estate falls below a specific threshold. By utilizing this affidavit, individuals can claim assets such as bank accounts, personal property, and other small holdings without the need for formal court proceedings. The form requires basic information about the deceased, the assets involved, and the relationship of the claimant to the deceased. It also necessitates a declaration that the estate qualifies as a small estate under Ohio law. Understanding the requirements and implications of this affidavit can empower families to efficiently manage their loved one's affairs, ensuring that the transition of assets occurs smoothly and with minimal delay.

Form Sample

Ohio Small Estate Affidavit

Pursuant to the Ohio Revised Code, Section 2113.03, the undersigned hereby declares:

1. Decedent Information:

  • Full Name of Decedent: __________________________
  • Date of Death: __________________________
  • County of Death: __________________________
  • Decedent's Last Address: __________________________
  • Did the Decedent leave a Will? (Yes / No): __________________________

2. Affiant (Person Filing) Information:

  • Full Name: __________________________
  • Relationship to Decedent: __________________________
  • Address: __________________________
  • Email Address: __________________________
  • Phone Number: __________________________

3. Asset Information:

The Decedent owned personal property in Ohio, with a value not exceeding the amount prescribed by Ohio law, and described as follows:

  • Description of Property: __________________________
  • Approximate Value: __________________________
  • Location of Property: __________________________

4. Debt and Expense Information:

  • Description of Known Debts and Expenses of Decedent: __________________________

5. Distribution of Assets:

The undersigned affirms that the estate assets, after the payment of debts and expenses, should be distributed to the following heirs in the manner described:

  • Name of Heir: __________________________
  • Relationship to Decedent: __________________________
  • Address: __________________________
  • Property to be distributed: __________________________

6. Oath or Affirmation:

By signing below, the undersigned affirms that all statements provided in this affidavit are true and correct, to the best of their knowledge, and agrees to indemnify and hold harmless all parties relying on this affidavit for any claims that may arise from the distribution of the decedent's property as described herein.

______________________________________

Signature of Affiant

______________________________________

Date

File Specifications

Fact Name Description
Purpose The Ohio Small Estate Affidavit allows individuals to claim assets of a deceased person without going through the lengthy probate process.
Eligibility To use this affidavit, the estate must not exceed $100,000 in value, excluding real estate.
Governing Law The affidavit is governed by Ohio Revised Code Section 2113.031.
Filing Requirements The affidavit must be filed in the county where the deceased person resided at the time of death.
Required Information Information about the deceased, including name, date of death, and details of the assets, must be included.
Signatures The affidavit must be signed by the person claiming the assets and may require notarization.
Asset Distribution Assets can be distributed to heirs according to Ohio's laws of intestate succession if there is no will.
Use of Form The form can be used for various types of assets, including bank accounts, vehicles, and personal property.
Timeframe There is no specific timeframe for filing the affidavit, but it is advisable to do so soon after the death.
Limitations This process cannot be used for estates with outstanding debts that exceed the value of the assets.
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