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State rules · Ohio

Ohio: estate, probate and Medicaid rules in one place

What applies in Ohio, collected from the site’s state datasets: estate and inheritance tax, transfer-on-death deeds, small-estate procedure, Medicaid long-term-care rules, and state income tax on retirement income. Where the dataset holds a source, the entry links it with its effective marker and check date; where it does not, the entry shows its verification status and the reason.

Quick answers

Does Ohio have a state estate tax?

State estate tax: No. The pinned estate-tax dataset (2026.v2) has no row for Ohio, so it cites no state statute; the state page records no state estate or inheritance tax.

Does Ohio have an inheritance tax?

Inheritance tax: No. The pinned estate-tax dataset (2026.v2) has no row for Ohio, so it cites no state statute; the state page records no state estate or inheritance tax.

Can you use a transfer-on-death deed in Ohio?

Transfer-on-death deed for real estate: Available — TOD designation affidavit (Ohio Rev. Code § 5302.22 — Transfer on death designation affidavit; TOD deed replaced by TOD designation affidavit effective Dec. 28, 2009).

What is the Medicaid look-back period in Ohio?

Look-back period: 60 months before the baseline date (Ohio Administrative Code 5160:1-6-06; Effective October 1, 2025).

Does Ohio tax Social Security benefits?

Social Security benefits: Exempt (2025 Ohio IT 1040 and SD 100 Forms and Instructions; tax year 2025).

State estate tax

Estate-tax dataset 2026.v2

State estate tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Ohio, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Inheritance tax

Estate-tax dataset 2026.v2

Inheritance tax
NoNo dataset row

The pinned estate-tax dataset (2026.v2) has no row for Ohio, so it cites no state statute; the state page records no state estate or inheritance tax.

· Checked July 20, 2026

Transfer-on-death deed

Transfer-on-death deed for real estate
Available — TOD designation affidavitVerified

Source: Ohio Rev. Code § 5302.22 — Transfer on death designation affidavit · Effective: TOD deed replaced by TOD designation affidavit effective Dec. 28, 2009 · Checked July 26, 2026

Controlling statute
Ohio Rev. Code § 5302.22Verified

Source: Ohio Rev. Code § 5302.22 — Transfer on death designation affidavit · Effective: TOD deed replaced by TOD designation affidavit effective Dec. 28, 2009 · Checked July 26, 2026

Small-estate procedure

Current rule
$35,000 estate, or $100,000 when a surviving spouse takes the entire estate; Probate Court relief from administrationVerified

Source: Ohio Rev. Code § 2113.03 · Effective: current · Checked August 23, 2026

Medicaid long-term-care eligibility

Medicaid dataset 2026.v16

Special-income level
$2,982 per month (300% of the 2026 SSI individual benefit)Verified
  • Applies to: individual applicant.

Source: Ohio Administrative Code 5160:1-6-03.1 · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Effective December 1, 2023 · Checked September 5, 2026

Individual resource limit
$2,000Verified
  • Applies to: individual applicant.

Source: Ohio Administrative Code 5160:1-3-05.1 · Effective: Effective April 1, 2022 · Checked September 5, 2026

Eligible-couple resource limit
$3,000Verified
  • Applies to: eligible couple.

Source: Ohio Administrative Code 5160:1-3-05.1 · Effective: Effective April 1, 2022 · Checked September 5, 2026

Community-spouse resource allowance
$32,532 minimum to $162,660 maximumVerified
  • Applies to: one-half of combined countable resources, subject to hearing or court adjustment.

Source: Ohio Administrative Code 5160:1-6-04 · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Effective April 1, 2026 · Checked September 5, 2026

Community-spouse minimum monthly maintenance-needs allowance
$2,705 per monthVerified
  • Applies to: institutionalized applicant with a community spouse; allowable excess shelter expenses may increase the actual allowance.

Source: CMS 2026 minimum maintenance-needs standards · Also: Ohio Administrative Code 5160:1-6-07 · Effective: Minimum maintenance-needs amount effective July 1, 2026 · Checked September 5, 2026

Community-spouse maximum monthly maintenance-needs allowance
$4,066.50 per monthVerified
  • Applies to: institutionalized applicant with a community spouse.

Source: CMS 2026 SSI and January spousal-impoverishment standards · Also: Ohio Administrative Code 5160:1-6-07 · Effective: SSI, resource, spousal-impoverishment maximum, and home-equity standards effective January 1, 2026 · Checked September 5, 2026

Home-equity limit
$752,000Verified
  • Applies to: applicant without a spouse, child under 21, or blind or disabled child residing in the home.

Source: Ohio Administrative Code 5160:1-6-02.1 · Also: CMS 2026 SSI and January spousal-impoverishment standards · Effective: Effective March 1, 2024 · Checked September 5, 2026

Medicaid look-back

Medicaid dataset 2026.v16

Look-back period
60 months before the baseline dateVerified

Source: Ohio Administrative Code 5160:1-6-06 · Effective: Effective October 1, 2025 · Checked September 5, 2026

Transfer-penalty divisor
$7,787 per monthVerified

Source: Ohio Medicaid Eligibility Procedure Letter No. 181 · Effective: Effective Date: September 1, 2024; Issue Date: July 17, 2024 · Checked September 5, 2026

How the state administers the penalty
Total improperly transferred assets are divided by Ohio's monthly average private-pay nursing-facility rate. A partial first month uses the monthly rate divided by that month's number of days; fractional months become restricted-coverage dollars.Verified

Source: Ohio Administrative Code 5160:1-6-06.5 · Effective: Effective January 1, 2024 · Checked September 5, 2026

Medicaid estate recovery

Medicaid dataset 2026.v16

Recovery scope
Expanded recovery includes probate property and interests passing through joint tenancy, tenancy in common, survivorship, life estate, living trust, and other arrangements, subject to federal limits.Verified

Source: Ohio Revised Code section 5162.21 · Effective: Effective September 29, 2013 · Checked September 5, 2026

Controlling authority
Ohio Revised Code sections 5162.21 and 5162.211Verified

Source: Ohio Revised Code section 5162.21 · Also: Ohio Revised Code section 5162.211 · Effective: Effective September 29, 2013 · Checked September 5, 2026

Exemptions and deferrals
No recovery occurs while a surviving spouse lives or while a surviving child is under 21 or blind or disabled; qualifying sibling and caregiver-child home interests also receive statutory protection.Verified

Source: Ohio Revised Code section 5162.21 · Effective: Effective September 29, 2013 · Checked September 5, 2026

Hardship waiver
A timely hardship request may address a sole income-producing family farm or business, loss of necessities, certain substantial care or equity contributions, or qualifying dependent circumstances.Verified

Source: Ohio Administrative Code 5160:1-2-07 · Effective: Effective January 1, 2018 · Checked September 5, 2026

Lien practice
Ohio may place a lien on real property of a permanently institutionalized recipient after notice and hearing, but not when a protected spouse, child, or qualifying sibling resides there.Verified

Source: Ohio Revised Code section 5162.211 · Effective: Effective September 29, 2013 · Checked September 5, 2026

State income tax on retirement income

Retirement-income tax dataset 2026.v4

Social Security benefits
ExemptVerified
  • Ohio deducts the federally taxable portion of Social Security benefits from Ohio adjusted gross income.

Source: 2025 Ohio IT 1040 and SD 100 Forms and Instructions · Effective: tax year 2025 · Checked July 8, 2026

Public pensions
Partly taxed or conditionalVerified
  • Qualifying taxable public-pension income may support Ohio's retirement-income credit when the income and household conditions are met.
  • Modified adjusted gross income less exemptions must be below $100,000.
  • Maximum retirement-income credit per return.
  • Income must come from a pension, profit-sharing, or retirement plan, be received on account of retirement, and be included in Ohio adjusted gross income.
  • A taxpayer who previously used the Ohio lump-sum retirement credit cannot claim this credit.

Source: 2025 Ohio IT 1040 and SD 100 Forms and Instructions · Effective: tax year 2025 · Checked July 8, 2026

Private pensions
Partly taxed or conditionalVerified
  • Qualifying taxable private-pension or annuity income may support Ohio's retirement-income credit when the income and household conditions are met.
  • Modified adjusted gross income less exemptions must be below $100,000.
  • Maximum retirement-income credit per return.
  • Income must come from a pension, profit-sharing, or retirement plan, be received on account of retirement, and be included in Ohio adjusted gross income.
  • A taxpayer who previously used the Ohio lump-sum retirement credit cannot claim this credit.

Source: 2025 Ohio IT 1040 and SD 100 Forms and Instructions · Effective: tax year 2025 · Checked July 8, 2026

IRA and 401(k) distributions
Partly taxed or conditionalVerified
  • Qualifying taxable traditional-IRA and 401(k) retirement distributions may support Ohio's retirement-income credit when the income and household conditions are met.
  • Modified adjusted gross income less exemptions must be below $100,000.
  • Maximum retirement-income credit per return.
  • Income must come from a pension, profit-sharing, or retirement plan, be received on account of retirement, and be included in Ohio adjusted gross income.
  • A taxpayer who previously used the Ohio lump-sum retirement credit cannot claim this credit.
  • The instructions expressly list traditional IRAs and 401(k) plans as examples; a federally nontaxable distribution is not converted into Ohio taxable income.

Source: 2025 Ohio IT 1040 and SD 100 Forms and Instructions · Effective: tax year 2025 · Checked July 8, 2026

Military retirement pay
ExemptVerified
  • Ohio deducts qualifying uniformed-services retirement income included in federal adjusted gross income.
  • Income must relate to service in the U.S. uniformed services, reserve components, or National Guard.
  • Qualifying survivor-benefit payments to a surviving or former spouse are included.
  • Income deducted here cannot also be used for Ohio's retirement-income or lump-sum retirement credit.

Source: 2025 Ohio IT 1040 and SD 100 Forms and Instructions · Effective: tax year 2025 · Checked July 8, 2026

About this page

This page assembles entries from datasets the site already publishes; it adds no figure of its own. Entries marked “Not yet verified” or “Pending” have no primary-source value in the underlying dataset yet. Rules change, so confirm anything you plan to act on with the source, the state agency, or a licensed attorney.

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