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small estate affidavit

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bobbyjoe

Junior Member
What is the name of your state (only U.S. law)? Missouri
My 88 year old Uncle died recently in Ohio. Since he had no children and was never married I acted as executor of his will. Originally my mother was named executor of the will but she passed away in October. All his debts were paid and I assumed he had no assets. He was in nursing home on Medicaid and his income and nursing home bills were paid and came from his social security, VA and his retirement plan. I notified the VA, SS and his retirement plan of his death in January.

I was notified by a representative of his retirement pension on last week that he had a death benefit of around $6,000.00 in his retirement program. He did not name anyone as the beneficiary in the paperwork. I was told by the representative of the retirement pension that I would have to file a small estate affidavit in order to get the benefit. I was also told that the benefit could only be paid to the estate of my Uncle not an individual

I have multiple questions.

1) Should/Do I file the small estate affidavit in Ohio (where he died) or Missouri (where I live) or does it matter?

2) What are the issues in opening an estate account?

3) My uncle left a will and there were some small amounts of money to be left to all his nieces and nephews which were not followed because there was no money to do so at the time. If the money goes to the estate account and I pay out his wishes what do I do with the remaining money. There will be around $3,000.00 left. Do I divide it amongst the heirs, give it to a charity ?
 


anteater

Senior Member
Since he was a resident of Ohio, probate would need to be opened in Ohio.

Ohio does not really have a method to deal with small estates by affadavit. However, it does have a provision for estates under $35,000 that involves the court releasing the estate from administration. (If there is a surviving spouse, which there does not appear to be in your case, the limits for release are higher.) See the statute here (2113.03):

Lawriter - ORC - CHAPTER 2113: EXECUTORS AND ADMINISTRATORS -- APPOINTMENT; POWERS; DUTIES

Usually a will has a clause that specifies what happens to assets that are not covered by specific bequests - a residuary clause. If there is no clause like that, then normally any residual would be distributed according to the state's intestate distribution statute, although you would need to check that specifically for Ohio.
 

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