If an estate is relieved from administration, do I lose my rights as an heir to any proceeds from the estate?

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If an estate is relieved from administration, do I lose my rights as an heir to any proceeds from the estate?

Brother died 9 months ago, no wife, kids or Will. The only other kin is younger brother and me. Brother filed an application for estate to be relieved from administration. If I do not show up at the court hearing, do I remove myself as an heir and any right to possible proceeds from estate?

Asked on September 10, 2011 under Estate Planning, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  While the generalities of estate administration are the same from state to state, each state's laws differ with regard to specifics of how they wish to handle certain issues like small estates.  Ohio is not different in that respect.  What I understand a Summary Release from Administration to be is a document that may be filed if the value of the probate assets may not exceed $5,000.00 for deaths on or after October 12, 2006 and the applicant paid or is responsible for the decedent's funeral bill.  So if your brother filed this document it may mean that the estate is very small and there would be no proceeds over and above the funeral bill.  I would show up in court if you could to see what is going on.  Good luck.


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