Ohio § 2113.03

§ 2113.03.

(A) Subject to division (I) of this section, an estate may be released from administration

under division (B) of this section if either of the following applies: (1) The value of the assets of the estate is thirty-five thousand dollars or less. (2) The value of the assets of the estate is one hundred thousand dollars or less and

either of the following applies: (a) The decedent devised and bequeathed in a valid will all of the assets of the decedent's

estate to a person who is named in the will as the decedent's spouse, and the decedent

is survived by that person. (b) The decedent is survived by a spouse whose marriage to the decedent was solemnized

in a manner consistent with Chapter 3101. of the Revised Code or with a similar law

of another state or nation, the decedent died without a valid will, and the decedent's

surviving spouse is entitled to receive all of the assets of the decedent's estate

under section 2105.06 of the Revised Code or by the operation of that section and division (B)(1) or (2) of section 2106.13

of the Revised Code. (B) Upon the application of any interested party, after notice of the filing of the application

has been given to the surviving spouse and heirs at law in the manner and for the

length of time the probate court directs, and after notice to all interested parties

by publication in a newspaper of general circulation in the county, unless the notices

are waived or found unnecessary, the court, when satisfied that division (A)(1) or

(2) of this section is satisfied, may enter an order relieving the estate from administration

and directing delivery of personal property and transfer of real property to the persons

entitled to the personal property or real property. (C) For the purposes of this section, the value of an estate that reasonably can be considered

to be in an amount specified in division (A)(1) or (2) of this section and that is

not composed entirely of money, stocks, bonds, or other property the value of which

is readily ascertainable, shall be determined by an appraiser selected by the applicant,

subject to the approval of the court.  The appraiser's valuation of the property shall be reported to the court in the

application to relieve the estate from administration.  The appraiser shall be paid in accordance with section 2115.06 of the Revised Code . (D) For the purposes of this section, the amount of property to be delivered or transferred

to the surviving spouse, minor children, or both, of the decedent as the allowance

for support shall be established in accordance with section 2106.13 of the Revised Code . (E) The court may appoint a commissioner to execute all necessary instruments of conveyance,

including the instruments of conveyance and other documents required for the transfer

of title upon the sale of real property pursuant to section 2127.011 of the Revised Code .  The commissioner shall receipt for the property, distribute the proceeds of the

conveyance upon court order, and report to the court after the delivery, sale, or

transfer of personal or real property from an estate that has been relieved from administration. (F) If the decedent died testate, the will shall be presented for probate, and, if admitted

to probate, the court may relieve the estate from administration and order distribution

of the estate under the will. (G) An order of the court relieving an estate from administration shall have the same

effect as administration proceedings in freeing real property in the possession or

under the control of an innocent purchaser for value from possible claims of unsecured

creditors. (H) Any delivery of personal property or transfer of real property pursuant to an order

relieving an estate from administration is made subject to the limitations pertaining

to the claims of creditors set forth in divisions (B) and (C) of section 2117.06 of the Revised Code . (I) The release of an estate from administration under this section does not affect any

duty of any person to file an estate tax return and certificate under division (A) of section 5731.21 of the Revised Code and does not affect the duties of a probate court set forth in that division. (J) This section does not affect the ability of qualified persons to file an application

for a summary release from administration under section 2113.031 of the Revised Code or to file an application for the grant of letters testamentary or letters of administration.