Detailed Answer
When someone dies without a valid will (intestate) in Ohio, the probate court applies Ohio’s intestacy statutes (Ch. 2105, Ohio Revised Code) to decide who inherits. These rules create a strict hierarchy of relatives entitled to the estate.
1. Surviving Spouse (ORC 2105.07)
- No descendants or parents: Spouse inherits the entire estate.
- All descendants are also descendants of surviving spouse: Spouse receives the first $50,000 of the probate estate plus one half of the remainder; descendants share the balance per stirpes.
- One or more descendants not of surviving spouse: Spouse receives the first $50,000 plus one third of the remainder; all descendants share the other two-thirds per stirpes.
2. Descendants Only (No Spouse) (ORC 2105.06)
If there is no surviving spouse, all children and their lineal descendants inherit equally by right of representation (per stirpes).
3. No Spouse or Descendants (ORC 2105.09)
If no spouse or descendants survive, the estate passes to surviving parents in equal shares (or the sole surviving parent).
4. Siblings and Other Collaterals
If no spouse, descendants, or parents survive, brothers and sisters (and their descendants by right of representation) inherit under ORC 2105.10. If none, more distant relatives may qualify (ORC 2105.11–.21).
5. Escheatment to the State (ORC 2105.23)
When no qualifying heirs exist, the estate “escheats” to the State of Ohio.
Helpful Hints
- Gather certified death certificate and family tree before filing for probate.
- Consult probate court rules in the county where the decedent lived.
- Identify all potential heirs, including half-siblings, nieces/nephews.
- Watch filing deadlines: Ohio requires probate initiation within one year.
- Consider mediation or agreement among heirs to avoid litigation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.