Elyria, OH asked in Probate for Ohio

Q: I am the administrator of an estate in ohio. Am I entitled to 1% of the un-probated investments that were Tod.

My attorney says ..because they in 2012 eliminated the estate tax in ohio…

No one gets 1% on non- probated property.

The non-probated property was worth over a million dollars( IRA and 401k passed directly to beneficiary’s.

The owner passed away in 2020

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1 Lawyer Answer
Aaron Epling
Aaron Epling
Answered
  • Probate Lawyer
  • Hilliard, OH
  • Licensed in Ohio

A: Ohio Revised Code 2113.35(B):

"Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship property, ..."

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