Disclaimer: This is general information, not legal advice. I am not a lawyer. If you need legal guidance about a specific Ohio estate, consult a licensed Ohio probate attorney or the probate court in the county where the decedent lived.
Detailed Answer — How Ohio distributes an intestate estate among children
When a person in Ohio dies without a valid will (dies intestate), Ohio law sets who inherits the decedent’s property. The primary statute is Ohio Revised Code § 2105.06, which governs descent and distribution of property when there is no will: Ohio Rev. Code § 2105.06. Key principles for children are:
- Surviving children inherit equally: If the decedent is survived by two or more children and no surviving spouse, the estate is divided equally among the surviving children.
- Representation (commonly called “per stirpes”) when a child predeceases the decedent: If one of the decedent’s children died before the decedent but left descendants (for example, grandchildren of the decedent), those descendants step into the position of the deceased child and collectively take that child’s share. Ohio’s statute uses the right of representation to accomplish this (see § 2105.06).
- Only the line of the deceased child inherits that share: Grandchildren or further descendants inherit only the portion that belongs to their deceased parent’s line. They do not share in the estate as separate, equal heirs with the decedent’s surviving children; instead they take the deceased child’s share.
- Adopted children: Generally, a legally adopted child is treated as a child of the adoptive parents for purposes of intestate succession (adoption issues often involve other sections of Ohio law and may affect inheritance rights from biological parents).
For definitions and related terms used in Ohio intestate succession rules, see Ohio Rev. Code § 2105.01: Ohio Rev. Code § 2105.01.
Illustrative hypotheticals
Example 1 — Three surviving children, no spouse: The decedent leaves three surviving children and no spouse. Each child receives one-third of the estate.
Example 2 — One child predeceased leaving two children (grandchildren), and two other surviving children: Suppose the decedent had three children (A, B, C). Child B died before the decedent but left two children (B1 and B2). The estate is divided into three equal shares (one per child position). A receives one-third, C receives one-third, and B1 and B2 together receive B’s one-third share (typically split equally between B1 and B2, so each gets one-sixth).
Example 3 — Multiple generations: If a deceased child has no surviving descendants but a sibling line does, only lines with living descendants take. The portion attributable to a wholly extinct line (no surviving descendants) may be redistributed according to Ohio’s intestacy rules (see § 2105.06).
Who can act as estate administrator if there is no will?
When there is no will naming an executor, someone must be appointed by the probate court to administer the estate (often called an administrator). Priority to be appointed is typically given to the decedent’s closest relatives, including the surviving spouse and adult children, but the probate court has discretion and will consider who is qualified and available. If you are seeking appointment, contact the local probate court or an attorney for guidance about the application process and priority rules.
Practical steps to take when a person dies without a will in Ohio
- Locate and preserve important documents (death certificate, financial statements, deeds, beneficiary designations).
- Identify all children, grandchildren, and other potential heirs and their contact information.
- Contact the probate court in the county where the decedent lived to begin opening an estate. The court will provide forms and explain whether the estate needs full administration or can qualify for a simplified/small-estate procedure.
- Consider hiring a probate attorney if the estate is large, assets are complex, heirs dispute inheritance, or there are questions about paternity, adoption, or creditor claims.
Helpful Hints
- Collect birth, death, and adoption records: These documents prove familial relationships for the probate court.
- Check for named beneficiaries: Some assets (life insurance, retirement accounts) pass to named beneficiaries outside of intestacy rules.
- Be aware of creditor claims and timelines: Probate courts allow creditors to make claims against the estate; follow court deadlines.
- Grandchildren inherit only if their parent (the decedent’s child) is deceased and they inherit by representation; they do not inherit separately while their parent is alive.
- Stepchildren do not inherit under intestacy rules unless legally adopted.
- If paternity of a natural child is in question, resolving paternity is often necessary before the probate court will recognize the child as an heir.
- When in doubt, consult an Ohio probate attorney or the local probate court. Mistakes in identifying heirs or distributing assets can lead to personal liability for an administrator.
Primary statutory reference: Ohio Rev. Code § 2105.06 (descent and distribution): https://codes.ohio.gov/ohio-revised-code/section-2105.06. For definitions used in the intestacy statutes, see Ohio Rev. Code § 2105.01: https://codes.ohio.gov/ohio-revised-code/section-2105.01.
If you want, provide brief facts about your situation (how many children, whether any predeceased, presence of a surviving spouse, and whether adoptions or questions of paternity are involved) and I can explain how Ohio’s intestacy rules would typically apply and suggest next steps.