When a person dies, their property (including houses, bank accounts, cars, etc.) may transfer to a designated person by a virtue of how it is titled, a beneficiary designation, or by contract. If the property is not one of those types, an estate may need to be opened to transfer the property.
The primary types of estates that can be filed are outlined below. You must select which type of an estate you wish to file. Court staff are legally prohibited from telling you what type of estate to file or how to fill out a form. Each estate type has a starting packet available on our website. Each packet must be filled out completely and contain all required documents.
Due to the complexity of issues involved with probate law and the estate administration process, it is always recommended you seek legal advice from a licensed attorney.
Estate Summary Release
Under R.C. 2113.031, if the value of the probate assets does not exceed the lesser of $5,000 or the amount of the funeral and burial expenses, anyone who is obligated to pay or who has paid those expenses may apply for a summary release. A surviving spouse may apply to have assets released up to $45,000.00 if the funeral has been
prepaid or if the surviving spouse has paid the funeral and burial expenses or is obligated in writing to do so.
Estate Release from Administration Forms
If an estate’s assets are less than $35,000.00, any interested person may apply to have an estate relieved from administration. A surviving spouse may apply to have an estate relieved from administration with assets of up to $100,000.00 if the surviving spouse is entitled to all of the assets under the will or by statute. The date of the decedent’s death determines the asset limits which may be lower for a decedent.
Estate Full Administration
If an estate exceeds the limits permitted under a release from administration, a full administration must be opened. A full administration may also be necessary if real estate must be sold, if the estate is insolvent, or for wrongful death or other litigation purposes.
Judge Kevin Dunn
Judge Kevin W. Dunn has been presiding over the Medina County Court of Common Pleas Probate and Juvenile Divisions since August 2013 upon being appointed by Governor John Kasich. The Judge was elected by Medina County voters to continue his duties in the position and began his six-year term February 2015.
Contact Medina County Juvenile Court
This website is designed as a service to the public to provide an understanding on the duties and procedures of the Probate Court in Ohio. This should not be considered a legal reference.
