Cleveland, OH asked in Estate Planning and Probate for Ohio

Q: Does the wife need to file a will and/or ask for summary release from administration in Ohio for a very small estate?

My husband died three weeks ago, leaving a will with me as sole beneficiary and executor. Cremation is fully paid for, and there are no children, no previous marriages, his family are all deceased. My husband's house has already been transferred to me by a Transfer on Death affidavit, so no probate for that; there is one 7-year-old car worth $8000 which I am a joint signer on the loan for, although his name appears on the title, and by Ohio law I'm entitled to it. Otherwise, there are no assets--no life insurance, stocks, bonds, only $40 in a bank account--just a house full of thrift store furniture. I was told by a Pro Seniors attorney I didn't have to do anything but transfer the car via the BMV. He said since there is literally nothing else at all, I didn't even need to do a summary release from administration nor did he say I had to even file the will, since it's all mine anyhow. Is this correct? Do I not need to file the will nor do a summary release from administration?

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1 Lawyer Answer
Beverly A Stull
Beverly A Stull
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: ProSeniors is correct. From your description, the only asset you would have to probate is the $40 bank account and it would cost more to probate it than it is worth.

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