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What is a release from administration?

On Behalf of | May 6, 2020 | Probate, Trust & Estate Administration

Estate administration is the process of managing your estate after your death. With the court, through probate, your executor will ensure your assets go to your heirs and other details of your life conclude properly according to the law. However, administration or probate is not a requirement in every situation. 

According to the Ohio Revised Code, the court may release your estate from administration if it meets certain criteria. In general, a release from administration happens when you have taken steps to ensure the transfer of property through other legal means that do not require court oversight. It may also happen in situations when your estate is not worth a large amount. 

Surviving spouse 

If you have a spouse and did not have a will or estate plan, then state law says your assets automatically go to your spouse in full. There is no need for the court to step in and administer the estate, so probate will not happen. 

Do note, though, if your estate is worth more than $100,000, then this stipulation does not apply. Your estate will have to go through probate in this case. 

Value of estate 

Beyond the $100,000 stipulation for your spouse inheriting everything, there is also an exemption for estates under a certain value. If your estate is worth less than $35,000, then probate is not a requirement. Your executor or whoever you left in charge of your assets can handle the distribution and details without court involvement. 

Finishing probate 

If your estate must go through probate, release from administration only happens when your executor finalizes all details. This means distributing all assets, paying all debts and handling any other details required by the law. 


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