Insights
· Estate planning and probate · 2 minute read
What happens when someone dies without a will in Ohio
When there is no will, state law supplies one. It is a reasonable guess at what most people would want, and it fits some families much less well than others.
By Thomas Whitlow, Attorney
Many adults have no will. When one of them dies, the estate is said to be intestate, and Ohio's statute of descent and distribution decides who receives what.
Who inherits
The rules follow family relationships, in a fixed order.
- If you leave a spouse, and all of your children are also your spouse's children, your spouse inherits everything.
- If you leave a spouse and children from another relationship, the estate is shared between your spouse and your children under a formula.
- If you leave children but no spouse, the children share equally.
- If you leave neither, the estate passes to your parents, then to your brothers and sisters, and then to more distant relatives.
An unmarried partner, a stepchild you did not adopt, a close friend and a charity receive nothing under these rules, whatever you may have said during your life.
Who is in charge
With no will there is no named executor. The probate court appoints an administrator, usually the spouse or an adult child, and may require that person to post a bond. If family members disagree about who should serve, the court decides.
Where the default rules cause trouble
- Blended families, where a spouse and children from an earlier relationship become co-owners of the same house.
- Young children, because no one has been named as their guardian and any inheritance is held under court supervision.
- Family businesses and farms, which can end up owned in shares by relatives who do not agree.
- Unmarried couples, who inherit nothing from each other.
What does not pass under these rules
Some property never reaches the probate court. Life insurance, retirement accounts with a named beneficiary, jointly owned property with survivorship rights and real estate with a transfer on death designation all go directly to the person named. It is worth checking those designations every few years, because an out-of-date form can send property to someone you no longer intend.
A simple will avoids most of these problems. So does keeping beneficiary forms up to date.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws change and facts differ. Speak with a lawyer licensed in your state about your own situation.