What to Do When Someone Dies in Ohio: A Complete Guide
What to Do When Someone Dies in Ohio: A Complete Guide
When someone dies in Ohio, your first actions are: confirm the death with a medical professional, contact a funeral home, and locate any will or estate plan. This guide walks you through each required step in order, with specific Ohio statutes, deadlines, and fees so you know exactly what to do and when.
The First 24 to 48 Hours
The hours right after a death involve time-sensitive steps under Ohio law.
Confirm the death. If the death happens at home and the person was under hospice care, the hospice nurse will pronounce death and handle the medical certification. If the death was unexpected, call 911. Law enforcement and the county coroner will respond.
Contact a funeral home. The funeral director initiates the death certificate through the Ohio Department of Health vital records system. They coordinate with the physician or coroner, handle body transport, and apply for the burial permit. Under Ohio Rev. Code Section 3705.17, no disposition of the body can occur until a burial permit is issued by a local registrar.
Note the 24-hour cremation rule. Ohio law requires a 24-hour waiting period after death before cremation can proceed (Ohio Rev. Code Section 4717.23). The death certificate must be complete and nonprovisional before cremation is authorized. If the death is under the jurisdiction of the coroner, the coroner must also authorize the cremation.
Locate key documents now. Before you contact banks or courts, find these:
- The will (the original, not a copy)
- Any trust documents
- Life insurance policies
- Healthcare Power of Attorney (now void upon death)
- Financial Power of Attorney (now void upon death)
- Living Will (now void)
- Property deeds, vehicle titles, and financial account statements
Do not spend money from the deceased's accounts. Until a court appoints someone to manage the estate, no one has legal authority over individually held accounts. Joint accounts with right of survivorship remain accessible to the surviving owner.
Getting Death Certificates in Ohio
Order 10 to 15 certified copies. Banks, insurance companies, brokerage firms, the probate court, and government agencies each require their own certified original. Photocopies are not accepted. See the full guide to death certificates in Ohio for detailed ordering instructions.
Fees: $21.50 per certified copy from the Ohio Department of Health (ODH). Online orders cost $24.00 ($21.50 plus a $2.50 vendor processing fee). Local health departments charge $25 to $27 depending on the county. In-person at a local vital statistics office is same-day; online orders take approximately 3 weeks via USPS after 5 business days of processing.
Notifying Agencies and Canceling Accounts
Work through this list systematically. Each agency has its own process.
Social Security Administration. Call 1-800-772-1213. The funeral home typically reports the death, but call to confirm. If the deceased received benefits, the payment for the month of death must be returned. Ask about the $255 lump-sum death payment (apply within 2 years of death). Ask about survivor benefits: a surviving spouse may receive up to 100% of the deceased's benefit at full retirement age; eligible children may receive 75%.
Banks and financial accounts.
- Joint accounts with right of survivorship: the surviving owner has immediate access. Bring a certified death certificate to the bank.
- Payable-on-death (POD) accounts: pass directly to the named beneficiary under Ohio Rev. Code Section 2131.10. Bring a death certificate and valid ID.
- Transfer-on-death (TOD) accounts and securities: pass to beneficiaries by operation of law.
- Individual accounts without POD or TOD: you need Letters Testamentary or Letters of Administration from the probate court before the bank will release funds. See the full guide on closing bank accounts after death in Ohio.
Retirement accounts and life insurance. These pass directly to named beneficiaries. Contact the plan administrator or insurance company with a certified death certificate and a completed beneficiary claim form. Ohio has several public retirement systems (OPERS, STRS, SERS, OP&F) with their own survivor benefit procedures.
Vehicles. A surviving spouse can transfer up to $65,000 in automobiles from the decedent by filing an affidavit with the Clerk of Courts title office (Ohio Rev. Code Section 4505.10). No probate is required. Vehicle titles in Ohio are handled by the Clerk of Courts, not the BMV.
Real property. Ohio allows Transfer-on-Death Designation Affidavits (TDDA) for real property (Ohio Rev. Code Section 5302.22). If the deceased recorded a TDDA, the property transfers outside probate when the beneficiary files an Affidavit of Confirmation (Ohio Rev. Code Section 5302.222). If no TDDA exists, the property must go through probate.
Utilities, subscriptions, and credit cards. Cancel subscriptions. For credit cards in the deceased's name only, the estate is responsible. Notify each issuer in writing with a death certificate.
Probate in Ohio: What You Need to Know
Probate is the legal process for transferring assets held in the deceased's name alone. Ohio has 88 counties, each with its own Probate Court operating as a division of the Court of Common Pleas (Ohio Rev. Code Section 2101.24). For a detailed walkthrough, see how probate works in Ohio.
What goes through probate. Only assets titled solely in the deceased's name with no beneficiary designation. The following assets skip probate entirely:
- Joint tenancy with right of survivorship property
- POD bank accounts (Ohio Rev. Code Section 2131.10)
- TOD real property designations (Ohio Rev. Code Section 5302.22)
- Retirement accounts with named beneficiaries
- Life insurance with named beneficiaries
- Property held in a revocable living trust
- Tenancy by the entireties property (passes to surviving spouse)
Three probate paths in Ohio:
Summary Release from Administration (Ohio Rev. Code Section 2113.031): Estate value does not exceed the lesser of $5,000 or the decedent's funeral and burial expenses. Minimal court involvement.
Release from Administration (Ohio Rev. Code Section 2113.03): Estate assets valued at $35,000 or less, or $100,000 or less when the surviving spouse inherits everything. No ongoing administration required.
Full Administration: Required for estates exceeding simplified thresholds. Executor appointed, inventory due within 3 months, creditor claims period of 6 months from date of death. Typical timeline: 6 months to 1 year.
Will filing deadline. A will must be delivered to the Probate Court within 30 days of learning of the testator's death (Ohio Rev. Code Section 2107.09). Failure to do so may result in contempt of court.
For more detail on executor duties in Ohio, see the full executor guide.
Equitable Distribution: Ohio Is a Common-Law State
Ohio is NOT a community property state. Ohio follows equitable distribution principles under common law. This means property acquired during marriage is not automatically owned 50/50 by both spouses. Instead, the probate court looks at how assets are titled.
Intestate distribution to the surviving spouse (Ohio Rev. Code Section 2105.06):
| Scenario | Spouse's Share |
|---|---|
| No surviving children or their descendants | Entire estate to spouse |
| All surviving children are also children of the surviving spouse | Entire estate to spouse |
| One child who is NOT a child of the surviving spouse | First $20,000 + 1/2 of the balance |
| Multiple children, spouse is parent of at least one | First $60,000 + 1/3 of the balance |
| Multiple children, spouse is NOT parent of any | First $20,000 + 1/3 of the balance |
Elective share. A surviving spouse may elect to take against the will (Ohio Rev. Code Section 2106.01). If one or fewer children survive, the spouse may take up to one-half of the net estate. If two or more children survive, the spouse may take up to one-third.
Ohio Has No State Estate or Inheritance Tax
Ohio does not impose a state estate tax or a state inheritance tax. The Ohio Estate Tax was repealed effective January 1, 2013. Prior to repeal, Ohio taxed estates exceeding $338,333 at rates of 6% to 7%. The repeal is permanent with no sunset provision.
Federal estate tax still applies. For deaths in 2026, the federal estate tax exemption is $15,000,000 per person. The top rate is 40%. Form 706 is due 9 months after death. Most Ohio estates will not owe federal estate tax.
Ohio has a state income tax. Unlike Texas, Ohio does have a state income tax. A final Ohio state income tax return must be filed for the deceased for the year of death. The estate may also need to file Ohio income tax returns if it generates income.
For complete details, see estate and inheritance tax in Ohio.
Medicaid Estate Recovery (MERP) in Ohio
If the deceased received Ohio Medicaid, the Ohio Department of Medicaid may file a claim against the estate to recover what it paid for services (Ohio Rev. Code Section 5162.21).
Who is subject to recovery:
- Permanently institutionalized individuals of any age
- Individuals age 55 or older for all Medicaid services correctly paid
When recovery is deferred. No recovery may be made while any of the following are alive:
- The surviving spouse
- A child under age 21
- A child who is blind or disabled
Assets subject to recovery. Recovery applies to all real and personal property in the estate, including joint tenancy property, survivorship property, life estate interests, and living trust assets.
Undue hardship waiver. The Medicaid Director may waive recovery if it would cause undue hardship.
Medicaid estate recovery claims are subject to the same 6-month creditor claims period under Ohio Rev. Code Section 2117.06. If the deceased received Medicaid benefits, consult an elder law attorney before distributing any estate assets.
Ongoing Tasks Timeline
| Timeframe | Task |
|---|---|
| First 24-48 hours | Confirm death, contact funeral home, call 911 if unexpected, notify immediate family |
| First week | Order 10-15 death certificates, secure the home, locate will and financial documents, notify SSA |
| Within 30 days | File will with Probate Court (Ohio Rev. Code Section 2107.09) |
| Weeks 2-4 | File for probate (if needed), notify banks and creditors, apply for life insurance and survivor benefits |
| Within 3 months | File estate inventory with court (Ohio Rev. Code Section 2115.02) |
| Within 6 months | Creditor claims period expires (Ohio Rev. Code Section 2117.06) |
| 9 months | Federal estate tax return due (if applicable, Form 706, estates over $15M) |
| April 15 following year | Final federal and Ohio state income tax returns, estate income tax (Form 1041 if applicable) |
Frequently Asked Questions
How long does probate take in Ohio? Summary release can be completed in weeks. Release from administration typically takes 1 to 3 months. Full administration takes 6 months to 1 year for straightforward estates. Complex estates may take longer.
Does Ohio have a state estate tax? No. Ohio repealed its state estate tax effective January 1, 2013. The repeal is permanent. The only estate tax that may apply is the federal estate tax, which has a $15,000,000 exemption in 2026.
What if the deceased had no will in Ohio? Dying without a will is called dying intestate. Ohio intestacy law (Ohio Rev. Code Section 2105.06) determines who inherits based on the family structure. The estate still goes through probate, and the court appoints an administrator.
Can I avoid probate entirely in Ohio? Yes, if the deceased's assets all have beneficiary designations, are held jointly with right of survivorship, are in a trust, or are covered by TOD designations. Ohio's Transfer-on-Death Designation Affidavit for real property (Ohio Rev. Code Section 5302.22) is a powerful probate avoidance tool.
What to Do Next
Kaira organizes every step for your state -- deadlines, forms, and next actions -- so nothing gets missed. See how it works.
This guide was researched using Ohio statutes current as of April 2026. Laws change. For complex estates, contested probates, or Medicaid recovery situations, consult an Ohio-licensed attorney.
Sources: Ohio Revised Code Chapters 2101, 2105, 2106, 2107, 2108, 2109, 2113, 2115, 2117, 2131, 4505, 4717, 5162, 5302; odh.ohio.gov; ssa.gov