In Ohio, an Estate Tax return is filed within 15 months of a person’s death. One copy is filed with the Probate Court and a second copy with the County Auditor. Taxes are based on the net value of the decedent’s estate or the gross value minus the debts and administration expenses of the estate. Ohio allows an unlimited marital deduction that allows property to pass from one spouse to another without taxation. Ohio also allows a credit of $13,900 on the taxes due. Taxes are paid at the Auditor’s office. It is strongly recommended that a professional be retained to prepare this return.
The Auditor issues Consent to Transfer Property (Tax Releases) for Estates. These releases notify financial institutions that it may transfer ownership of assets and notifies the Department of Taxation that the estate exists and that an estate tax return may be necessary.
For dates of death on or after January 1st, 2002, an estate with gross assets valued at $338,333 or less is not required to file an Ohio estate tax return.
Beginning January 1st, 2001, regardless of decedent's date of death, Applications for Consent to Transfer Property of a Resident or Non-Resident Decedent will not be required for assets equal to $25,000 or less per account.
The Ohio Estate Tax has been repealed for the estates of individuals dying on or after January 1, 2013. Under this repeal of the Ohio Estate Tax, NO OHIO ESTATE TAX RETURNS should be filed for individuals dying on or after January 1, 2013.
However, the Ohio Estate Tax is still in effect for individuals dying prior to January 1, 2013 who have a gross estate greater than 338,333.00