What Happens in Ohio when a Person Dies Intestate?

According to LexisNexis approximately 55% of American adults do not have a will or other estate plan in place.  When a person passes away and does not have a will they are deemed to die intestate.  Some people think they don’t need a will because their spouse will simply inherit everything.  But what happens when life changes occur or events happen that you were not planning for?

No Will = Intestate

If you pass away without a will you are considered to be “intestate.”  When an estate is opened without a will the Probate Court will distribute the property of the estate according to the law of descent and distribution.  This law determines who inherits the deceased’s property.

Ohio Revised Code § 2105.06 lays out the path as to where the property will go.

1. If there is no surviving spouse then your property passes to your children or their lineal descendants, per stirpes.
2. When there is a surviving spouse and you have one or more children, and all of the children have the same parent.  The entire estate passes to the surviving spouse.
3. If there is a surviving spouse and you have one child, and this child is not the surviving spouse’s child or adoptive child.  The first $20,000.00 of the estate plus 50% of the remainder of the estate passes to the surviving spouse.  The remainder of the estate passes to the child.
4. When there is a surviving spouse and you have more than one child:
   1. The first $60,000.00 to the surviving spouse if he/she is the natural or adoptive parent of one, but not all, of the children; or
   2. The first $20,000.00 to the surviving spouse if he/she is not the natural or adoptive parent of any kids.  Plus 1/3 of the remainder of the estate.  The rest of the estate passes to the children in equal shares or to the surviving lineal descendants of the children.
5. If there are no children or surviving lineal descendants, then the entire estate passes to the surviving spouse

What if you have no children, surviving lineal descendants, or surviving spouse?

1. The entire estate passes to your parents in equal shares, or to the surviving parent.
2. If your parents predecease you, then the property passes to your siblings, in equal shares per stirpes.
3. If no siblings, then one half to the maternal grandparents and one half to the paternal grandparents.
4. When there are no maternal or paternal grandparents, then the property passes to the surviving lineal descendants of these grandparents. If there are no lineal descendants then the property passes to the surviving grandparents or their lineal descendants of the intestate in equal shares per stirpes.
5. If there are no next of kin, then to the stepchildren or their lineal descendants, per stirpes.

When there are no stepchildren or lineal descendants, then the property passes to the State of Ohio.