Detailed Answer
When a person dies without a valid will (intestate), Ohio law distributes property according to Chapter 2105 of the Ohio Revised Code. To determine the intestate heirs of your father’s estate, follow these steps.
1. Identify the Surviving Spouse
Ohio Revised Code § 2105.06 defines spouse and kindred, and § 2105.07 establishes distribution rules. A surviving spouse may inherit the entire estate if all assets are jointly held or there are no other descendants. If your father had children from another relationship, the spouse shares according to specific statutory percentages.
2. Locate Lineal Descendants
If no surviving spouse exists, or the spouse shares the estate, lineal descendants (children and grandchildren) inherit next. Under § 2105.07, descendants inherit per stirpes, meaning each branch of the family receives an equal share.
3. Check for Parents and Siblings
If there is no spouse or descendants, parents inherit equally under § 2105.08. If a parent is deceased, siblings inherit that parent’s share as described in § 2105.09.
4. Identify More Remote Kindred
If no immediate family remains, Ohio Revised Code § 2105.10 guides distribution to grandparents, aunts, uncles and their descendants. If no heirs are found, the estate escheats to the state per § 2105.11.
5. Gather Vital Records and Legal Documents
Collect birth certificates, marriage licenses, death certificates and adoption records. Confirm legal name changes, divorces and adoptions. Accurate documentation verifies each person’s status as an heir.
6. Consult Probate Court Records
Visit the probate court in the county where your father lived. The clerk’s office can provide instructions for filing an application for determination of heirs and a genealogical report form.
Helpful Hints
- Gather all vital records early to avoid delays.
- Use the court’s genealogical report form to list potential heirs.
- Check for a hidden will before applying intestacy rules.
- Confirm adoptions and divorces in the family history.
- Consider hiring a genealogist for complex family trees.
- Consult a probate attorney if you face disputes or unclear relationships.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in Ohio.