[OH] [OH] Do I need probate or my brother’s consent to claim my share of my father’s unclaimed funds?
Do I need to open probate for unclaimed funds? And if I am no longer associated with my brother, can I still collect funds?
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When a deceased person has unclaimed funds, the state requires proof of your authority to claim them. This may include:
- Small amounts – Small-estate affidavit / next-of-kin affidavit (no probate).
- Larger amounts or multiple heirs – Summary release or release from administration (simplified probate).
- Complex cases – Full probate.
Since this is in Ohio, you can search and file a claim at unclaimedfunds.ohio.gov. Because your father is the owner, only his heirs can claim the money. Since your parents were divorced and only you and your brother survived, you two are the heirs.
You can claim your half even if you and your brother are not in contact (R.C. 2105.06). Ohio may list him as a co-heir, but it will still process your portion.
The state may request:
- Death certificate
- Birth certificate proving relationship
- ID
- Possibly an “Heir Affidavit”
Probate is usually not required for small amounts. If the investigator insists, you can file a Release from Administration, a simple process for small estates (R.C. 2113.03). You do not need your brother’s consent to file your individual claim (R.C. 169.07).
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Do I need to open probate for unclaimed funds? And if I am no longer associated with my brother, can I still collect funds?
I understand that dealing with unclaimed funds can be stressful. Have you identified the source of these funds?
Yes.
Are you aware of any legal documents or agreements related to your brother’s estate?
Do I need to open a probate order? He passed in 2005 with no assets.
Is there anything else the lawyer should know?
Not at this time.
Hello and welcome to AskaLawyer. My name is Queeneth, an attorney with 8 years of experience. I need to ask a few questions to give you the best answer. What state did your brother live in when he passed? Are you listed as a beneficiary or heir in any documents?
Thank you for your assistance. Ohio, passed Sept 2005 (actually my father). No assets left. It’s myself and my brother still living. Mom and Dad were divorced before he passed.
When a deceased person has unclaimed funds, the state requires proof of your authority to claim them. This may include:
- Small amounts – Small-estate affidavit / next-of-kin affidavit (no probate).
- Larger amounts or multiple heirs – Summary release or release from administration (simplified probate).
- Complex cases – Full probate.
Since this is in Ohio, you can search and file a claim at unclaimedfunds.ohio.gov. Because your father is the owner, only his heirs can claim the money. Since your parents were divorced and only you and your brother survived, you two are the heirs.
You can claim your half even if you and your brother are not in contact (R.C. 2105.06). Ohio may list him as a co-heir, but it will still process your portion.
The state may request:
- Death certificate
- Birth certificate proving relationship
- ID
- Possibly an “Heir Affidavit”
Probate is usually not required for small amounts. If the investigator insists, you can file a Release from Administration, a simple process for small estates (R.C. 2113.03). You do not need your brother’s consent to file your individual claim (R.C. 169.07).
Thanks.
Queeneth E. Esq
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