Selling an inherited house in Franklin County, Ohio

Yes, an executor can sell an inherited house without court approval if the will allows. A power of sale in the will means no probate court order is required. The power covers any purpose the executor thinks is in the estate's best interest. The will can limit that power. Ohio Revised Code 2113.39 sets this rule. We make cash offers on inherited houses.

Yes, an executor can sell without a power of sale if conditions are met. One condition is written consent from the surviving spouse and everyone who inherits. The consent is filed in the probate court. Other conditions apply. Ohio Revised Code 2127.011 lists them. An executor who cannot meet the conditions follows a court-supervised procedure. Ohio Revised Code 2127.01 to 2127.43 sets that procedure.

A certificate of transfer is the probate court's record for real property passing to heirs. The executor or administrator applies for it. The rule is the same whether the owner left a will or not. The court's transfer order can stand in for the certificate. The substitution happens when the court released the estate from administration. Ohio Revised Code 2113.61 sets these rules.

The court issues a certificate of transfer within five days after a compliant application. The court issues it for record in each county where the real property sits. Ohio Revised Code 2113.61 sets this deadline.

Yes, an heir can apply for a certificate of transfer if no administration was planned. An heir or devisee can apply. A devisee is a person named in a will. Ohio Revised Code 2113.61 allows this.

Yes, an estate can be released from administration at $35,000 or less in assets. The limit is $100,000 or less when everything goes to a surviving spouse. On release, the court can order real property transferred to the people entitled to it. Ohio Revised Code 2113.03 sets these rules. Franklin County Probate Court describes a Real Estate Only route. The route requires a date of death more than six months ago. The route also requires that no creditor has filed a claim against the estate.

When must creditors present claims against an estate?

Creditors must present claims against an estate within six months after the death. The deadline applies whether or not the estate is released from administration. Ohio Revised Code 2117.06 sets this deadline.

A transfer on death designation affidavit names who gets real estate when the owner dies. For a sole owner, title passes to the named beneficiary at death. The transfer is not testamentary, meaning it is not made by a will. The affidavit overrides a will for that real estate. The affidavit also overrides the rules for an owner with no will. Ohio Revised Code 5302.22 and 5302.23 set these rules.

When must a TOD affidavit be recorded?

A TOD affidavit must be recorded with the county recorder before the owner dies. TOD stands for transfer on death. The affidavit needs no payment to work. The affidavit does not have to be delivered to the beneficiary. Ohio Revised Code 5302.22 sets this rule.

What does the beneficiary record after the owner dies?

After the owner dies, the beneficiary records an affidavit of confirmation. A certified copy of the death certificate goes with it. The beneficiary presents it to the county auditor. The beneficiary also files it with the county recorder. Ohio Revised Code 5302.222 sets these steps.

No, an executor selling an inherited house is exempt from the Ohio disclosure form. The law exempts a transfer by a fiduciary who administers a dead person's estate. A fiduciary is a person who manages an estate or trust for others. Sellers who are not exempt must give buyers the Ohio property disclosure form. Ohio Revised Code 5302.30 sets the form rule and the exemptions.

Does an heir need the Ohio disclosure form for an inherited house?

No, an inherited house the heir has not lived in for a year is exempt. The exemption has two conditions. The seller must have gotten the house by inheritance or devise. A devise is a gift in a will. The seller must not have lived in it within the past year. Ohio Revised Code 5302.30 lists this exemption.