Detailed Answer
Disclaimer: This article is for educational purposes only and is not legal advice. Consult a licensed attorney for guidance on your specific situation.
What Is Intestate Succession?
Intestate succession occurs when someone dies without a valid will. In Ohio, the Ohio Revised Code (ORC) Chapter 2105 governs how a decedent’s assets pass to heirs. Those assets include real property (land and buildings) and personal property (bank accounts, vehicles, household items).
Ohio Statute Governing Distribution
Under ORC §2105.06 (https://codes.ohio.gov/ohio-revised-code/section-2105.06), if a decedent leaves no surviving spouse but does leave descendants (children, grandchildren), the entire estate passes to those descendants in equal shares.
Distribution When No Spouse and Three Children
When a person dies intestate in Ohio, with no surviving spouse and exactly three children, each child inherits an equal share of the estate:
- Real property divides into three equal undivided interests.
- Personal property divides into three equal portions.
For example, if the total estate value is $300,000, each child would receive $100,000 worth of assets (or equivalent in kind).
Process of Distribution
- Identify and value all assets and debts.
- Pay valid debts, taxes, and administrative expenses.
- Divide the remaining assets per ORC §2105.06.
- File required probate documents with the local probate court.
Key Considerations
Ohio uses “per capita” distribution at the first generation with living descendants. Since all three children are in the same generation, each gets one-third.
Helpful Hints
- Gather a complete asset inventory before meeting with an attorney or filing in probate court.
- Check for any repayable debts or liens on real property.
- Obtain certified death certificates—probate offices require multiple copies.
- Consider hiring a probate attorney if the estate value exceeds Ohio’s simplified probate threshold.
- Keep detailed records of distributions to avoid future disputes among heirs.