Detailed Answer

Short answer: Not always. In Ohio, probate administration is required when a decedent owned assets that must be transferred through the probate process (for example, real estate solely in the decedent’s name, bank or brokerage accounts without a payable-on-death or joint-owner designation, or some vehicle titles). But Ohio law also provides alternatives that let heirs or beneficiaries collect certain property without a full probate administration in limited situations.

How Ohio law treats estates when there is no will

If someone dies without a will (intestate), Ohio’s intestate succession rules determine who inherits the decedent’s probate assets. When there is no will, the probate court typically appoints an administrator to open an estate, collect assets, pay valid debts, and distribute remaining assets according to Ohio law rather than the decedent’s wishes.

See Ohio’s descent and distribution laws for details: Ohio Revised Code Chapter 2113 (Descent and Distribution).

When probate administration is required

• There is real property (land or houses) titled solely in the decedent’s name and title must be transferred.
• Bank, brokerage, or investment accounts have no beneficiary designation (POD/TOD) and are not jointly owned.
• Significant assets exist that require a court-appointed personal representative to gather, manage, and distribute assets or to handle creditor claims.
• There are disputes among potential heirs or complex claims (creditors, unknown heirs, contested ownership).

When probate administration may be avoided or simplified

Ohio provides several common ways to avoid full probate or to use a simplified process:

• Beneficiary designations: Life insurance, retirement accounts, and accounts with a named beneficiary pass directly to the beneficiary outside probate.
• Joint ownership with right of survivorship: Property or accounts titled jointly with survivorship automatically pass to the surviving owner.
• Transfer-on-Death (TOD) or payable-on-death (POD) designations: Many financial accounts allow a POD or TOD designee who can receive assets without probate.
• Small estate procedures / collection by next of kin: Ohio law allows certain personal property to be collected by heirs without full administration in limited situations. For a description of descent and distribution and collection rules, see Ohio Revised Code Chapter 2113: https://codes.ohio.gov/ohio-revised-code/chapter/2113. (For specific small‑estate collection rules, review the applicable sections in Chapter 2113.)

What happens if the estate goes through probate with no will

1. Someone (usually a spouse or close relative) petitions the probate court to be appointed administrator.
2. The court issues letters of authority (often called letters of administration) so the administrator can act for the estate.
3. The administrator inventories the estate, notifies creditors, pays legitimate debts and taxes, and then distributes remaining assets under Ohio’s intestacy rules.
4. The administrator files required paperwork and a final account with the probate court for approval.

Practical examples

Example A — No probate needed: Jane dies owning a bank account with a POD beneficiary and a life insurance policy naming her sister as primary beneficiary. The sister presents the death certificate and claim forms and receives those assets without opening a probate estate.

Example B — Probate required: Tom dies owning a house titled only in his name and several bank accounts without beneficiary designations. Because title to the real estate must be transferred and some assets have no beneficiary, an administrator will likely need to open a probate estate to transfer the house and distribute assets under Ohio’s intestacy laws.

What you should do next

• Locate the decedent’s important papers: bank and brokerage statements, life insurance policies, retirement account information, deed or mortgage documents, and vehicle titles.
• Check for beneficiary or POD/TOD designations and joint title arrangements.
• Contact the local probate court clerk to learn the court’s process and any local forms. The clerk can explain whether a small‑estate process might apply.
• If assets appear substantial, creditors claim amounts, or heirs disagree, consider consulting a probate attorney to protect estate and heir interests.

Key Ohio statutes and resources

• Descent and distribution (intestate succession) — Ohio Revised Code Chapter 2113: https://codes.ohio.gov/ohio-revised-code/chapter/2113
• If you need the exact small‑estate or collection procedures, review the specific sections in Chapter 2113 on collection and distribution by next of kin: R.C. 2113.03 (collection procedures and related provisions).
• Contact your county probate court for local forms and procedures (each county administers probate matters locally).

Helpful Hints

• Don’t assume probate is required just because there is no will—identify titled assets and beneficiary designations first.
• Obtain several certified copies of the death certificate—financial institutions and title offices usually require them.
• If property includes a house, expect probate more often; real estate usually requires either probate or a transfer document recognized by Ohio law.
• Check for a joint tenancy or TOD deed before filing for probate—those can avoid court administration of certain assets.
• Small estates may use simplified collection methods; ask the probate clerk which thresholds and forms apply in your county.
• When in doubt or if there are disputes or significant debts, consult a lawyer who handles Ohio probate and intestacy to avoid mistakes and delays.

Disclaimer: This article is for general informational purposes only and is not legal advice. It does not create an attorney‑client relationship. For advice specific to your situation, consult a licensed Ohio probate attorney or contact the local probate court.