Does Ohio Have an Inheritance Tax? (2026)
Figures verified October 17, 2026 against Ohio Department of Taxation: 2013 Brief Summary of Major State and Local Taxes, Estate Tax · Update log
- State estate tax: No
- Inheritance tax: No
- Federal: only above $15 million
Short answer
No. Ohio has no estate or inheritance tax. House Bill 153 repealed the Ohio estate tax for people who died on or after January 1, 2013, and under House Bill 110 no Ohio estate tax is due on property first discovered after December 31, 2021, even for an older death. An heir owes Ohio nothing for receiving an inheritance.
But Ohio probate has deadlines that matter more than tax. Creditors have six months from the date of death to present claims, whether or not an estate is ever opened. An estate of $35,000 or less, or $100,000 or less when everything goes to the surviving spouse, can be released from administration instead of going through full probate. And withdrawals from an inherited IRA are Ohio income, taxed at 2.75% above $26,050 for 2026.
What to do, and by when
No Ohio estate or inheritance tax return
| Who files | Which form | Deadline |
|---|---|---|
| Creditors of the person who died | Claim presented to the executor or administrator | 6 months after the death, whether or not an estate is opened |
| The executor or administrator | Inventory of the estate filed with the probate court | Within 3 months of appointment, unless the court extends it |
| A surviving spouse who wants the family home from the estate | Election to take the mansion house, followed by a certificate of transfer | At or before the final account, or the order releasing the estate from administration |
| The executor, only if the estate is over $15 million or to keep the unused exemption for a surviving spouse | Federal Form 706 | 9 months after the date of death (an automatic 6-month extension to file is available on Form 4768) |
| The executor | Final Form 1040 for the person who died | April 15 of the year after death |
Worked example: a widow and an $85,000 Ohio estate
Your father dies in Ohio in 2026. His will leaves everything to your mother. The house was titled to both of them with survivorship. In his name alone he had a $25,000 checking account, a $60,000 brokerage account and an $18,000 car.
- The house and the car stay out of probate
- The survivorship house passes to your mother outside the estate. She can also select the car, since the vehicles she chooses may total up to $65,000; a car taken this way is not an estate asset and is left off the inventory.
- What is left
- The probate estate is the $85,000 in the two accounts. Because the will gives every asset to his surviving spouse, the release from administration limit is $100,000, not $35,000, so she can ask the probate court to release the estate instead of opening a full administration.
- If he had been a widower
- With the same $85,000 going to his children, the limit would be $35,000 and the estate would need full administration. An executor taking the statutory fee would be entitled to up to 4% of the first $100,000 of personal property: $3,400.
- Creditors
- Either way, his creditors have until six months after the date of death to present claims. Distributing money sooner leaves the people who received it exposed to having to give some back.
- Tax
- No Ohio estate or inheritance tax, and no federal estate tax unless an estate is over $15 million for 2026.
The takeaway: For an Ohio family the useful numbers are $35,000, $100,000 and six months. Total the assets in the person's sole name before hiring anyone, because a surviving spouse often qualifies for the simpler release.
Release from administration: Ohio's small estate procedure
Ohio's main shortcut runs through the probate court, which can release a small estate from administration, which is quicker and cheaper than appointing an executor. Assets that already pass by survivorship, beneficiary designation or transfer on death are not counted.
- $35,000, or $100,000 for a spouse. The court may release an estate whose assets are worth $35,000 or less. The limit rises to $100,000 when a valid will leaves all the assets to the surviving spouse, or when there is no will and the surviving spouse is entitled to everything by law, counting the support allowance. (source)
- Summary release for funeral costs. If the estate is no larger than $5,000 or the funeral and burial bill, whichever is less, the person who paid or promised in writing to pay the funeral can apply for a summary release. A surviving spouse can use it when the estate is no more than the support allowance plus up to $5,000 of funeral costs. (source)
- Transfer on death real estate. If your parent recorded a transfer on death designation affidavit, the house passes to the named beneficiary without probate. After the death, the beneficiary signs an affidavit of confirmation with a certified death certificate, presents it to the county auditor and records it with the county recorder. (source)
What Ohio guarantees a surviving spouse
- $40,000 support allowance. A surviving spouse, minor children or both receive a $40,000 allowance for support. When all the minor children are also the spouse's children, the whole allowance goes to the spouse. It is reduced if the spouse selects more than one car. (source)
- A year in the house, rent free. The spouse may stay in the mansion house for one year without paying rent. If the house has to be sold sooner to pay debts, the estate pays the spouse the fair rental value for the rest of that year. (source)
- Taking the house as part of the share. The spouse may elect to receive the person's whole interest in the house as part of the spouse's share and allowance, valued at appraisal less liens. The executor then applies for a certificate of transfer. (source)
- Cars up to $65,000. The spouse may select one or more cars, motorcycles or family trucks that do not pass by survivorship, transfer on death or a specific gift in the will, with a combined value up to $65,000. They are not estate assets. (source)
Ohio's six-month creditor rule and the 2013 repeal
- Six months, opened or not. A claim that is not presented within six months after the death is barred, whether or not the estate is released from administration or an executor is appointed during that time. The executor must allow or reject a claim within 30 days after it is presented. (source)
- Early distributions. An executor who distributes before the six months run must warn each person receiving assets that they may have to return some or all of it if a valid claim arrives later. (source)
- The estate tax before 2013. For deaths before 2013, Ohio estates with a net taxable value of $338,333 or less were effectively exempt because of a credit of up to $13,900, and rates ran from 2% to 7%. The tax was collected by the county treasurer and 80% went to the city, village or township it came from. (source)
- No more tax on late-found assets. House Bill 110 of the 134th General Assembly added a sunset: since January 1, 2022, no Ohio estate tax is due on property first discovered after December 31, 2021, even if the person died before 2013. (source)
Ohio executor fees
- Statutory commission. Ohio sets the executor's or administrator's commission at 4% of the first $100,000 of personal property and proceeds of real estate sold, 3% of the amount from $100,000 to $400,000, and 2% above $400,000. On a $300,000 estate that is $10,000. (source)
- 1% on other property. Real estate that is not sold earns 1% of its value. So does non-probate property, other than joint and survivorship property, that would have counted for the old Ohio estate tax had the person died on December 31, 2012. (source)
Ohio income tax on an inherited IRA
- Same starting point as the IRS. Ohio adjusted gross income is defined as federal adjusted gross income, with Ohio's own adjustments. A withdrawal from an inherited traditional IRA or 401(k) that is taxable federally is part of your Ohio income in the same year. (source)
- A 2.75% flat rate from 2026. For 2026 and later years, Ohio taxes nothing on the first $26,050 of taxable income and 2.75% above that. For 2025 there was a second bracket of 3.125% on income over $100,000. (source)
Your basis in inherited Ohio property
- Value on the date of death. Inherited stock, land or a house takes a basis equal to its fair market value when the owner died, or on the alternate valuation date if the executor chose it, so a prompt sale usually produces little taxable gain. (source)
- Joint owners who were married. Ohio is not a community property state. For a house a couple owned jointly, only the deceased spouse's half takes the date-of-death value; the survivor's half keeps its original cost. (source)
If the person who died lived in another state
Ohio sits between two states that tax heirs: Pennsylvania and Kentucky. A parent who lived in Ohio but owned a cottage, farm or rental across either border can leave that property subject to the other state's inheritance tax, and if your parent was legally domiciled in Pennsylvania or Kentucky, that state taxes far more of the estate.
- Kentucky inheritance tax
- Maryland inheritance tax
- Nebraska inheritance tax
- New Jersey inheritance tax
- Pennsylvania inheritance tax
What matters is where the person who died lived and where their real estate is, not where you live. Compare inheritance tax by state to see who pays and how much.
What's specific to Ohio
- Ohio repealed its estate tax for deaths on or after January 1, 2013.
Federal estate tax
No Ohio return is needed. The executor's tax filings are federal: the final Form 1040 for the person who died, Form 1041 if the estate earns $600 or more of income while it is being settled, and Form 706 only for a large estate or to pass the unused exemption to a surviving spouse.
For deaths in 2026, the federal estate tax applies only to estates over $15,000,000 per person, at rates up to 40%. The exemption was set by the July 4, 2025 tax law (Public Law 119-21, often called the "One Big Beautiful Bill Act"; the IRS now calls it the Working Families Tax Cuts law), is permanent, and is indexed for inflation starting in 2027. A surviving spouse can add the unused exemption of the first spouse to die (portability) by filing Form 706. See the federal estate tax guide.
Frequently asked questions
Does Ohio have an inheritance tax?
No. Ohio does not tax heirs, and its estate tax was repealed for deaths on or after January 1, 2013. Since 2022, no Ohio estate tax is due even on newly found property from an older estate.
Is there an Ohio inheritance tax waiver form?
Not for anyone who died in 2013 or later, because there is no Ohio estate tax to clear. To move a house, the county auditor and recorder need the right transfer paperwork, such as a certificate of transfer from the probate court or a transfer on death affidavit of confirmation.
What is the Ohio estate tax exemption for 2026?
There is none, because Ohio no longer has an estate tax. Before 2013 the effective exemption was $338,333. Today only the federal estate tax can apply, to estates over $15 million for deaths in 2026.
How much inheritance tax will I pay in Ohio?
None. Ohio has no inheritance tax, so there is nothing to calculate for an Ohio estate. If your parent owned property in Pennsylvania or Kentucky, those states' inheritance taxes can apply to that property.
What is release from administration in Ohio?
A short probate court procedure for small estates, used instead of appointing an executor. It is available when the probate assets are worth $35,000 or less, or $100,000 or less when everything goes to the surviving spouse.
How long do creditors have to file a claim against an estate in Ohio?
Six months from the date of death. The deadline runs even if no estate is opened, and a claim presented later is barred except for certain contingent claims.
How much does an executor get paid in Ohio?
By statute, 4% of the first $100,000, 3% of the next $300,000 and 2% above $400,000 of personal property and sold real estate, plus 1% of real estate that is not sold. A $300,000 estate means a $10,000 commission.
Do I pay Ohio income tax on an inherited IRA?
Yes, if you live in Ohio and the withdrawal is taxable federally. For 2026, Ohio taxes income over $26,050 at a flat 2.75%.
Sources
- 1.Ohio Department of Taxation: 2013 Brief Summary of Major State and Local Taxes, Estate Taxdam.assets.ohio.gov
- 2.Ohio Revised Code §2117.06: Presentation of creditors' claimscodes.ohio.gov
- 3.Ohio Revised Code §2115.02: Inventorycodes.ohio.gov
- 4.Ohio Revised Code §2106.10: Spouse's election to take the mansion housecodes.ohio.gov
- 5.Ohio Revised Code §2106.18: Surviving spouse's selection of automobilescodes.ohio.gov
- 6.Ohio Revised Code §2113.03: Release from administrationcodes.ohio.gov
- 7.Ohio Revised Code §2113.35: Commissions of executors and administratorscodes.ohio.gov
- 8.Ohio Revised Code §2113.031: Summary release from administrationcodes.ohio.gov
- 9.Ohio Revised Code §5302.222: Affidavit confirming a transfer on deathcodes.ohio.gov
- 10.Ohio Revised Code §2106.13: Allowance for supportcodes.ohio.gov
- 11.Ohio Revised Code §2106.15: Spouse may remain in the mansion housecodes.ohio.gov
- 12.Geauga County Auditor: Estate Taxauditor.geauga.oh.gov
- 13.Ohio Revised Code §5747.01: Definitions (adjusted gross income)codes.ohio.gov
- 14.Ohio Revised Code §5747.02: Income tax rates (as amended by H.B. 96, effective Sept. 30, 2025)codes.ohio.gov
- 15.IRS Publication 551: Basis of Assetsirs.gov
- 16.IRS Publication 555: Community Propertyirs.gov
- 17.Franklin County Auditor: Estate Tax Filingauditor.franklincountyohio.gov
- 18.IRS: Estate Taxirs.gov
- 19.IRS: What's New, Estate and Gift Taxirs.gov
This information is provided for educational purposes only and should not be considered legal or tax advice. Consult a qualified tax professional for guidance specific to your situation.