Detailed Answer
Under Ohio’s intestacy laws—found in Chapters 2105 and 2115 of the Ohio Revised Code—the probate court appoints an estate administrator when someone dies without a valid will. The administrator must identify, inventory, and distribute both real property (land and buildings) and personal assets (bank accounts, vehicles, household items).
1. Appointment of an Administrator
Anyone with priority (usually a surviving spouse or adult child) petitions the probate court. Once approved, the court issues Letters of Authority. The administrator then has legal power to manage and distribute assets under ORC §2115.02.
2. Identifying and Inventorying Assets
The administrator compiles a full inventory of estate assets, filing it with the probate court within three months of appointment. This includes:
- Real Property: Deeds, titles, surveys, and tax records identify parcels. A title search confirms ownership and encumbrances.
- Personal Assets: Bank statements, investment accounts, safe‐deposit box contents, vehicles, jewelry, collectibles, and household goods.
The inventory report must list each asset’s description, value, and location.
3. Paying Debts and Expenses
Before distribution, the administrator uses estate funds to pay valid claims, funeral expenses, taxes, and court costs under ORC §2117.06.
4. Distribution of Real Property
After debts, Ohio law directs distribution of real estate per ORC §2105.06:
- If the decedent leaves a spouse but no descendants, the spouse inherits all real property.
- If the decedent leaves a spouse and one child (no other descendants), the spouse inherits the first $20,000 plus one‐half of the balance; the child gets the remainder.
- If the decedent leaves a spouse and multiple children, the spouse takes $20,000 plus one‐third of the balance; the children share the remainder equally.
- If there is no spouse, children inherit in equal shares.
- If there are no spouse or descendants, parents or siblings inherit, and if none, more remote relatives may inherit.
5. Distribution of Personal Assets
Personal property distributes under ORC §2105.07, following the same priority and share rules as for real estate.
6. Closing the Estate
Once assets distribute and final accounting is approved by the court, the administrator files a release and petition for discharge, closing the estate.
Disclaimer: This article is for informational purposes and is not legal advice. Consult a qualified attorney to address specific circumstances.
Helpful Hints
- Begin asset searches early—bank accounts may charge fees for delayed notice.
- Use a professional appraiser for high-value personal items or real estate.
- Maintain clear records of distributions to avoid family disputes.
- Keep track of creditor claims deadlines—Ohio law imposes time limits for filing claims.
- Review beneficiary designations on retirement accounts—they pass outside intestacy rules.