If your loved one died, you may be grappling with both: the grief and the intricacies of settling their estate. Estate administration can be a long and complex process in and of itself. However, some estates qualify for what is known as “summary release from administration.”
When a person dies, their heirs don’t automatically inherit their assets. There are rules and procedures in place to ensure a fair and proper distribution of assets from the estate. Depending on the size of the estate, this process can take a while.
This could mean that the deceased person’s surviving family members are in for a long, and sometimes painful probate process to wrap up their affairs. Fortunately, there may be a way to move through probate more quickly. And that’s a summary release from administration.
At Linn Legal, we understand that you may feel overwhelmed with questions regarding the probate process, your obligations, and your next steps. And we are here to provide the necessary guidance.
Call 513-426-9443 or fill out this contact form to schedule a free initial consultation with our probate administration lawyer in Cincinnati.
What Is a Summary Release?
Summary release from administration is a shortened version of the probate process in Ohio that allows an estate to move through the process much faster. With this procedure, the decedent’s assets can be distributed to their rightful heirs without the need for a full probate process.
The potential benefits include the time and cost savings. However, not all estates qualify for a summary release from administration in Ohio.
Filing for a Summary Release from Administration
In Ohio, applying for a summary release from administration involves submitting Form 5.10 (Application for Summary Release) to the appropriate court. The applicant may also be required to file the following supporting documents along with the form:
- The deceased person’s Last Will and Testament (if there is one);
- The death certificate (certified copy);
- A funeral receipt or bill;
- Information regarding the decedent’s bank accounts auto title; and
- The market/book value of the decedent’s real property, automobiles, and other property.
Note: Contact the local probate court in your county and inquire about the full list of documents that must be submitted when applying for summary release from administration.
The Eligibility Requirements for Filing a Summary Release
In Ohio, there are only two circumstances under which a summary release from administration can be filed:
- The applicant is the deceased person’s surviving spouse who is entitled to 100% of the family allowance. The funeral bill has either been prepaid or the surviving spouse is obligated in writing to pay the bill. The value of the estate should not exceed $40,000 plus up to $5,000 in funeral expenses.
- The applicant is not the deceased person’s surviving spouse but has paid or is obligated in writing to pay their funeral and burial expenses. The value of the estate should not exceed $5,000.
If the applicant is not the deceased person’s surviving spouse or someone who has paid funeral and burial expenses (or is obligated in writing to do so), they cannot file for a summary release from administration.
Drawbacks to the Release of Administration
Many people who have lost a loved one are tempted to take a shortcut to avoid a full-blown probate without understanding the potential implications.
We understand your desire to simplify the legal process and save time and money. However, summary release administration has its drawbacks.
By filing for a summary release of administration, you are telling the probate court: “Here are all the assets that my loved one has had, and here’s what each of their assets is worth.”
This may be appropriate for small estates when the surviving spouse knows exactly what their loved one owned and how much their assets are worth. This process eliminates the need for additional formalities such as accounting, inventory, and creditor claims.
But what if the deceased had assets you had no knowledge of? What if the assets they left behind cost much more than you think? What if the deceased person owed any money to creditors?
If you learn about any of these things after the summary release from administration is complete, you could run into problems.
Release from Administration Frequently Asked Questions (FAQs)
Those who have recently lost a loved one and wish to simplify their life may consider filing a summary release from administration. But they are likely to have questions.
When Is a Summary Release from Administration Necessary?
There is no requirement to choose a summary release from administration over the general administration path. It is merely an option that’s available to eligible estates. However, given the potential drawbacks (as discussed above), you might want to consult with an attorney to determine whether filing for a release from administration makes sense in your situation.
What Is the Cost of a Release from Administration?
According to the official site of the Hamilton County Probate Court, applying for a summary release from administration has a fee of $150. However, you may also incur additional fees in the process.
What’s Required to Complete the Process?
Once you file your application for summary release from administration, it will go through court processing. Generally, this takes one to two weeks. If your application is granted, the court will issue a certified copy of the summary release to proceed with the transfer of the deceased person’s assets to the applicant.
How Do I Figure Out If the Estate Qualifies?
If you cannot determine whether your loved one’s estate qualifies for a summary release from administration—or if you would benefit from taking this simplified route—you might want to consult with an attorney.
Get Help with Probate Administration
When someone you love dies, you may find yourself getting overwhelmed while trying to understand what happens next. During a time of grief and loss, dealing with legal and financial matters may be the last thing on your mind. But someone has to take care of it.
Our team at Linn Legal can handle all of these matters on your behalf (and that of other beneficiaries) so you can focus on what truly matters—grieving your loss and spending time with your family.
Reach out to our office today to find out if your case qualifies for a summary release from administration and get answers to all your other questions. Call 513-426-9443 or complete our contact form to request a free initial consultation.
