TN 11 (01-14)

A. Policy for no court order

The State of Ohio does not provide a non-court-ordered procedure for disposition of a decedent’s estate. Therefore, we would not receive “good acquittance” by paying out the underpayment to a successor who does not provide adequate proof of a court-ordered right to collect assets of the decedent’s estate. For information on adequate documentation, see GN 02301.035.

B. Policy for Ohio summary procedures

Ohio Revised Code — Section 2113.03 provides for release from administration of a small estate under certain circumstances. Upon the filing of such an application, a court may enter an order relieving the estate from administration and directing delivery of personal property and transfer of real estate to the entitled persons. In addition, Ohio Rev. Code Section 2113.031 provides for summary release from administration of a small estate upon application by a person obligated to pay the decedent’s funeral and burial expenses, under certain circumstances. In such case, a court may issue an order relieving the estate from administration and directing delivery of the decedent’s personal property and transfer of the title to any interests in real property in the decedent’s estate to the applicant. If a person seeking legal representative status presents a court order pursuant to Ohio Rev. Code Section 2113.03 or Section 2113.031, see GN 02301.035D.1.