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Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 3991
Experience:  30 years of experience
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My father just passed away in Ohio and I live in New Mexico.

Customer Question

my father just passed away in Ohio and I live in New Mexico. He had no will and all he had as his possessions were a car valued less then 2k and a checking acct that had less then 2k in it as well. I've read up that I will need a summary release from administration but I do not know how long it will take. I have kids and a wife that cannot take off from work. I need this to be done as fast as humanly possible. I have no idea what I have to do afterwards because the probate court have told me that they cannot help me in this at all. What can I do?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Gerald, Esq replied 12 months ago.

Please bear with me while I verify somethings for you. I will respond fully shortly.

Thank you for your patience.

Kind regards,


Expert:  Gerald, Esq replied 12 months ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Please accept my condolences on the passing of your father.

You should be able to take care of what you need without much trouble. The size of the estate qualifies for processing it through the use of a Small Estate Affidavit. The Small Estate Affidavit is a simplified process that entitles the executor to receive possession and ownership of the deceased person’s property without having to go through the formality of probate.

In order to process the Small Estate Affidavit you need the following information:

The name and address of the deceased person;

Whether or not the deceased person had written a will;
A list of all the assets in the estate, with specific information on all of them including all account numbers. The assets may include bank accounts, insurance policies, investment accounts and vehicles;
List unpaid debts by the deceased including funeral expenses. Include the name and address of each creditor, specifying the amount owed to each one;
A list of everyone holding property due to the estate, listing the property and the name and address of the person holding it;
A list of everyone entitled to receive property from the estate, including name, age, address and relationship with the deceased person;
A statement that notice will be given to other successors and creditors notifying them of your intention to claim to the estate;

You must state that you understand under penalty of perjury that the Small Estate Affidavit Ohio form is not false or misleading.

The Small Estate Affidavit must be sworn and signed in the presence of a local notary public. A certified copy of the death certificate must be included with the Small Estate Affidavit in Ohio.

Once you file the Affidavit the Court will issue you papers allowing you to process the estate without further delay.

Here is a link to the law and to a form that you can use:

You can complete the form and have it Notarized in Texas and file it by certified Mail. Once you have the authorization letters from the court you can pay off the debts and distribute any remaining assets.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


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