WHAT IS A RELEASE FROM ADMINISTRATION?

 

There are three types of releases available at The Trumbull County Probate Court:

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1. A Short Form Release;

2. A Summary Release; and

3. A Release from Administration (“Full Release”)

 

All three types of releases may be filed only for decedents who were Ohio residents at the time of their death and only by applicants who are Ohio residents. 

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WHAT ARE SHORT FORM RELEASES?

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Short form releases are available in either of the two following circumstances:

 

1. The decedent’s surviving spouse and/or minor children are entitled to inherit the entire estate, and the assets of the estate do not exceed $20,000.00; or

2. Parties other than the decedent’s surviving spouse and/or minor children are entitled to inherit, and the assets of the estate total $10,000.00 or less. 

 

In both circumstances, the funeral bill must be paid in full or the proceeds of the estate must be utilized to pay the outstanding funeral bill. 

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The filing fee is $30.00 plus expenses necessary for serving notice to any next of kin or beneficiaries who have not waived service.

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WHAT ARE SUMMARY RELEASES​?

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The Summary Release from Administration may be filed in either of the two following circumstances:

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1. The applicant is the decedent’s surviving spouse and is entitled to one hundred percent (100%) of the allowance for support, and the decedent’s funeral and burial expenses have been prepaid or the surviving spouse has paid or is obligated in writing to pay the decedent’s funeral and burial expenses.  The value of the assets cannot exceed the $40,000.00 for the spousal allowance plus an amount not exceeding $5,000.00 for the decedent’s funeral and burial expenses.

2. The applicant is not the decedent’s surviving spouse and has paid or is obligated in writing to pay the decedent’s funeral and burial expenses.  The value of the assets cannot exceed the LESSER of $5,000.00 or the amount of the decedent’s funeral and burial expenses.

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In a Summary Release from Administration, the applicant will receive all of the assets of the estate.  Therefore, only an applicant who personally meets the requirements described above can apply. 

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The filing fee is $60.00. 

 

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WHAT ARE "FULL RELEASES"?

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Releases from Administration (“Full Releases”) are available in either of the following two circumstances:

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1. When the surviving spouse is entitled to receive all of the assets of the estate, and the assets of the estate total $100,000.00 or less; or

2. When the surviving spouse is not entitled to receive all of the assets of the estate or where there is no surviving spouse, and the assets of the estate total $35,000.00 or less. 

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The filing fee varies depending upon what additional filings are being made. 

 

Please contact the Court or review the links provided herein for more information about the filing fees associated with a Release from Administration (“Full Release”).