Dying Without a Last Will and Testament in Ohio

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When an Ohio resident dies without having made a Last Will and Testament, the intestacy succession laws found in Title 21 of the Ohio Revised Code will dictate who inherits the deceased person's probate estate. Below is a summary of the Ohio intestacy succession laws in various situations.

Deceased Person is Survived by a Spouse and/or Descendants

Here is what will happen if the deceased person is survived by a spouse and/or descendants (children, grandchildren, great-grandchildren, etc.):

  • Survived by a spouse and descendants, all of whom are descendants of the spouse - In this case, the surviving spouse will inherit 100% of the deceased spouse's probate estate.
  • Survived by a spouse and one child or descendants of the child who are not the descendants of the surviving spouse - In this case since the deceased person's descendants are not the descendants of the surviving spouse (in other words, the deceased person had a child from a prior marriage or relationship), the surviving spouse will inherit the first $20,000 of the deceased spouse's probate estate plus one-half (1/2) of the balance and the descendants will inherit the remainder, per stirpes.
  • Survived by a spouse and more than one child - If the surviving spouse is the natural or adoptive parent of at least one of the children, then the spouse will inherit the first $60,000 of the deceased spouse's probate estate and one-third (1/3) of the balance; but if the surviving spouse is not the parent of any of the children, then the spouse will inherit the first $20,000 of the probate estate plus one-third (1/3) of the balance.  The descendants will inherit the remainder, per stirpes.
  • Survived by a spouse and descendants - In this case, the surviving spouse will inherit 100% of the probate estate.
  • Survived by descendants and no spouse - In this case, the deceased person's descendants will inherit 100% of the probate estate, per stirpes.

Deceased Person is Not Survived by a Spouse or Descendants

Here is what will happen if the deceased person is not survived by a spouse or any descendants (children, grandchildren, great-grandchildren, etc.):

  • Survived by one or both parents - In this case, the parents will inherit their deceased child's probate estate in equal shares if both are living, or the surviving parent will inherit 100%.
  • Survived by siblings and no parents - In this case, the deceased person's siblings will inherit 100% of the probate estate, per stirpes.
  • Not survived by parents, siblings or descendants of siblings - In this case, the probate estate will pass to grandparents, aunts or uncles, great uncles or aunts, cousins of any degree, or the children, parents, or siblings of a predeceased spouse.  In the unlikely circumstance that the deceased person is not survived by any family members as described above, then the entire probate estate will escheat to the State of Ohio.

What Will You Inherit From an Ohio Intestate Estate?

So what will you inherit if your relative dies without leaving a Last Will and Testament and the relative was a resident of Ohio or owned real estate located in Ohio? Even if you determine based on the information presented above that you are entitled to an intestate share of your relative's estate, you may very well not inherit anything.

Why? Because your relative may have left all non-probate property or the debts your relative owed at the time of death may exceed the value of the probate estate which will make the estate insolvent.

If you're not sure of your legal rights as an intestate heir in Ohio, then consult with an Ohio probate attorney to be sure.

NOTE: State laws change frequently and the following information may not reflect recent changes in the laws. For current tax or legal advice, please consult with an accountant or an attorney since the information contained in this article is not tax or legal advice and is not a substitute for tax or legal advice.