Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Ohio attorney for guidance.
Intestate Succession in Ohio: No Spouse, Two Children
Understanding Ohio Intestate Succession
When someone dies without a valid will (“intestate”), Ohio law dictates how to distribute the estate. If no spouse survives the decedent and two children remain, the entire estate passes to those children in equal shares.
Statutory Framework
Order of Distribution (Ohio Rev. Code § 2105.02)
Ohio Revised Code § 2105.02 sets the priority. It gives inheritance rights first to a surviving spouse, then to descendants if no spouse survives. Read § 2105.02.
Equal Shares by Representation (Ohio Rev. Code § 2105.06)
Under Ohio Rev. Code § 2105.06, if the decedent leaves no surviving spouse but has descendants, those descendants inherit the entire estate equally by representation. Read § 2105.06.
Example Scenario
Imagine the decedent’s probate estate totals $200,000 after debts and expenses. With two surviving children and no spouse, each child would receive $100,000.
Key Steps in Ohio Probate
- File an application for letters of authority in the probate court of the decedent’s county.
- Notify known creditors and publish notice to unknown creditors.
- Inventory estate assets and secure appraisals.
- Settle valid debts, taxes and administrative costs.
- Distribute remaining assets to heirs under Ohio Rev. Code § 2105.06.
Helpful Hints
- Collect asset titles, bank statements, and debt records before filing.
- Locate all potential heirs and confirm their contact information.
- Maintain organized records of court filings, notices and correspondence.
- Seek legal advice if any heir contests the distribution.
- Consider mediation to resolve family disputes outside court.