Support Allowance In Ohio Probate

The Ohio Revised Code provides that the probate court is to order the distribution of an allowance for support of the surviving spouse and minor children.

The purpose of this support allowance in Ohio probate is to help support the surviving spouse and minor children during the pendency of administration.

The Ohio probate allowance for support is governed by Ohio Revised Code § 2106.13.

Who Is Entitled To a Support Allowance In Ohio Probate?

The surviving spouse and minor children are entitled to a support allowance in Ohio probate.

What Is the Amount Of The Support Allowance In Ohio?

The surviving spouse, minor children, or both shall be entitled to receive, in money or property the sum of forty thousand dollars as an allowance for support.

If the surviving spouse selected one or more automobiles under section 2106.18 of the Ohio Revised Code, then the support allowance is reduced by the value of the automobile having the lowest value.

How Is The Support Allowance Divided Between The Surviving Spouse and Minor Children?

The division of the $40,000 support allowance depends on the makeup of the survivors of the decedent.

Survivors

Division of Support Allowance

Surviving spouse, no minor children

One hundred percent to the surviving spouse

Surviving spouse and minor children, and all of the minor children are the children of the surviving spouse

One hundred percent to the surviving spouse

Surviving spouse and minor children, and not all of the minor children are children of the surviving spouse

Equitable shares to the surviving spouse and the minor children who are not the children of the surviving spouse

Minor children, no surviving spouse

Equitable shares to the minor children

What Are “Equitable Shares” For the Ohio Support Allowance?

To determine the equitable shares of the support allowance as between the surviving spouse and the minor children who survive the decedent but who are not the children of the surviving spouse, the Ohio probate court is required to:

  1. Consider the respective needs of the surviving spouse, the minor children who are children of the surviving spouse, and the minor children who are not children of the surviving spouse;
  2. Allocate to the surviving spouse, the share that is equitable in light of the needs of the surviving spouse and the minor children who are children of the surviving spouse;
  3. Allocate to the minor children who are not children of the surviving spouse, the share that is equitable in light of the needs of those minor children.

If the surviving spouse selected one or more automobiles, the probate court shall consider the benefit derived by the surviving spouse from the transfer of the automobile having the lowest value in considering the respective needs of the surviving spouse and minor children for purposes of determining the equitable shares.

To determine the equitable shares between the minor children, when there is no surviving spouse, the Ohio probate court shall consider the respective needs of the minor children and allocate to each minor child the share that is equitable in light of the child’s needs.

Deadline For Application To Allocate the Allowance For Support

The administrator or executor is required to file with the Ohio probate court an application to allocate the allowance for support (if allocation is necessary) within five months of initial appointment.  See other Deadlines and Timelines In Ohio Probate.

Find a Lawyer for Probate, Litigation, Guardianship or Estate Planning

Lawyer Locator Front End