NOTE: These instructions are intended as a guideline only and should not be relied upon as a comprehensive list of duties in the summary release from administration of an estate. Remember to fill out the County Name (Adams) and the Division of the Court (Probate). The name of the Judge to be used on the forms is Brett M. Spencer. The name of the Magistrate to be used on the forms is David M. Hunter. All forms should be typewritten or legibly printed.
A summary release from administration may be filed if:
The value of the probate estate is $5,000 or less and the applicant paid the funeral bill or is obligated to pay the funeral bill, or
There is a surviving spouse, the assets do not exceed $45,000, the spouse is entitled to 100% of the family allowance and the funeral bill has been prepaid or the surviving spouse is obligated to pay the funeral bill.
For any other situations, you will need to consult with an attorney. The Clerks and the Court CANNOT provide any legal advice.
The following documents must be filed.
Form AC-001 - Notice of Appearance (Word | PDF) Required for Attorneys and any party not represented by an attorney
Form AC-002 - Waiver of Counsel (Word | PDF) Required for any party not represented by an attorney
If the decedent created a will, the original will.
Certified copy of death certificate, if available.
Receipt of paid funeral bill or, if not available, the funeral bill. The receipt or funeral bill should indicate who paid the bill or who is the person responsible for payment.
Title(s) of automobile(s), bank account numbers, and stock certificate numbers in the estate.
Standard Probate Form 1.0: Surviving Spouse, Children, Next of Kin, Legatees, and Devisees - - List of Surviving Spouse, Next of Kin, Legatees & Devisees (1.0) - On Form 1.0, list all next of kin (those people who are or would be entitled to inherit if there were no will) on the front. List those people named in the will, if there is one, on Page 2 of Form 1.0. - Be sure to specify complete addresses of all listed. - List all children of the decedent on the front of the form even if the entire estate will go to the surviving spouse. If there is no surviving spouse, you must state whether the decedent was unmarried, whether the surviving spouse is deceased or divorced (and name the person). You must also specify the relationship between any deceased heirs and their issue.
Form AC-400 Affidavit of One and the Same (Word | PDF). Required if any person designated in the will or the Form 1.0 has any variance in their current name.
Standard Probate Form 5.10 - Application for Summary Release from Administration - Complete both sides of this form and have a Notary Public, notarize your acknowledgment.
Standard Probate Form 5.11: Entry Granting Summary Release From Administration- Entry Granting Summary Release From Administration
Standard Probate Form 7.0: Certification of Notice to Administrator of Medicaid Estate Recovery Program - Certification of Notice to Administrator of Medicaid Estate Recovery Program
Standard Probate Form 7.0(A): Notice to Administrator of Medicaid Estate Recovery - Notice to Administrator of Medicaid Estate Recovery
Standard Probate Form 12.0: Application for Certificate of Transfer - Application for Certificate of Transfer - Complete form if there is real estate included in the form 5.10 (Application for Summary Release from Administration) and there is a surviving spouse but not a will. Also used to transfer Titled Property (ex: motor vehicles)
Standard Probate Form 12.1: Certificate of Transfer - Certificate of Transfer - List each beneficiary’s name, address, and the fractional interest that beneficiary is receiving from the decedent’s estate. - Complete back of form. Note: This form must be prepared in duplicate. Also used to transfer Titled Property (ex: motor vehicles)
Form AC-406 Application and Entry for Transfer of Titled Property (Word | PDF)
Form AC-419 - Affidavit for Publication - Probate (Word | PDF) - Required for any request for publication
COURT COSTS DEPOSITS MUST BE PAID BEFORE ANY PLEADINGS WILL BE ACCEPTED FOR FILING.
ALL FILINGS ARE SUBJECT TO REVIEW BY THE COURT FOR COMPLETENESS AND ACCURACY. INCOMPLETE, ILLEGIBLE, OR OTHER DOCUMENTS NOT CONFORMING WITH OHIO LAW AND RULES OF PROCEDURE MAY RESULT IN THE PLEADINGS BEING DISMISSED.