Ohio Probate Types: Complete Comparison
Find the right probate procedure for your situation
Compare eligibility, costs, timelines, and requirements
Summary vs Formal Administration at a Glance
| Category | Summary | Formal | Winner |
|---|---|---|---|
| Eligibility | Estate under $35,000 ($100K for spouse) | Any estate value | Summary |
| Filing Fee | $100-$200 | $200-$300 | Summary |
| Timeline | 6-8 months | 8-12+ months | Summary |
| Attorney Required | No | Recommended | Summary |
| Executor Appointed | No | Yes | Summary |
| Inventory Required | No | Yes (within 90 days) | Summary |
All Ohio Probate Options
| Probate Type | Threshold | Filing Fee | Timeline | Real Estate | Attorney |
|---|---|---|---|---|---|
Summary Release ORC § 2113.031 | Under $5,000 | $50-$100* | 1-2 months | No | No |
Release from Administration ORC § 2113.03 | Under $35,000 (or $100,000 for spouse) | $100-$200* | 6-8 months | Yes | No |
Full Administration ORC Chapter 2113 | Any estate size | $200-$300* | 8-12+ months | Yes | Recommended |
* Filing fees vary by county. Executor compensation is set by ORC § 2113.35.
Detailed Comparison
Summary Release
ORC § 2113.031
Very small estates to cover funeral expenses
Release from Administration
ORC § 2113.03
Small estates without complex issues
Full Administration
ORC Chapter 2113
Large estates, disputes, or complex assets
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Take Free AssessmentFrequently Asked Questions
What are the Ohio probate thresholds?
Ohio has three options: Summary Release for estates under $5,000, Release from Administration for estates under $35,000 (or $100,000 if the surviving spouse inherits everything), and Full Administration for any estate size.
Do I need an attorney for probate in Ohio?
Ohio does not legally require an attorney for any probate procedure. However, Full Administration is complex and most people benefit from hiring one. Summary Release and Release from Administration can often be handled without an attorney using standardized Ohio Supreme Court forms.
What is the difference between Release from Administration and Full Administration?
Release from Administration is faster, cheaper, and requires no executor appointment or inventory. Full Administration requires an appointed executor, bond, inventory within 90 days, court accountings, and full court supervision. Release from Administration is available only for estates under $35,000 (or $100,000 for surviving spouse).
How long does probate take in Ohio?
Summary Release can be completed in 1-2 months. Release from Administration takes about 6-8 months (due to the mandatory 6-month creditor period). Full Administration typically takes 8-12 months or longer for complex estates.
What are Ohio executor fees?
Ohio has statutory executor compensation under ORC § 2113.35: 4% of the first $100,000, 3% of the next $300,000, and 2% of amounts over $400,000. The court may approve additional fees for extraordinary services.
Probate Costs →
Detailed breakdown of fees, attorney costs, and total expenses
Small Estate Guide →
Step-by-step instructions for simplified procedures
Important: Filing fees shown are typical ranges. Ohio probate fees vary by county. Contact your county probate court for exact fees.
Sources & Verification
Legal Authority: Ohio Revised Code Chapters 2105-2131
Last Verified: February 2026
Filing fees vary by county. Executor compensation is set by ORC § 2113.35.
This content is for informational purposes only and does not constitute legal advice. Laws and fees may change. Always verify current requirements with your local court clerk before filing.