Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Ohio law, a wrongful death claim proceeds in one lawsuit, but courts distribute any recovery among the decedent’s heirs according to the Ohio Revised Code. Key statutes include:
- Ohio Revised Code §2125.03: Distribution of wrongful death recovery
- Ohio Revised Code Chapter 2105: Intestate succession rules
1. Filing the Wrongful Death Claim
A qualified party (usually the personal representative of the estate) brings a claim under R.C. 2125.02. The suit must be filed within two years of the decedent’s death.
2. Distributing Proceeds: R.C. 2125.03
Once you obtain a settlement or judgment, R.C. 2125.03 governs distribution. It requires dividing the funds “in the same manner as if [the decedent] had died intestate and the cause of action survived to the estate.” See R.C. 2125.03.
3. Intestate Succession Rules
Under Chapter 2105, Ohio’s intestacy laws, proceeds pass to heirs in this priority:
- Spouse and children: If the decedent leaves a surviving spouse and one or more descendants, the spouse inherits a fixed amount plus a share of the remainder. R.C. 2105.06 details these shares.
- Only spouse or only children: If only a spouse survives, the spouse inherits the entire recovery. If no spouse, the children inherit equally.
- No spouse or descendants: Assets pass to parents equally, then to siblings or their descendants, and so forth. See R.C. 2105.07–2105.19 for full order.
4. Handling Minors and Disabled Heirs
If any heir is a minor or incapacitated, the probate court often requires a guardian or conservator to handle funds. Obtain letters of guardianship under R.C. 2109.50.
5. Court Approval and Accounting
The personal representative must file a final accounting with the probate court showing distribution. The court reviews and approves the breakdown to ensure compliance with statutory shares.
Helpful Hints
- Start probate early: Secure a personal representative appointment to file suit and handle distribution.
- Review family tree: Identify all heirs to avoid omitted beneficiaries.
- Document guardianship: If heirs are minors, secure court-appointed guardians before distribution.
- Watch deadlines: File the wrongful death claim within two years of the death date.
- Consult counsel: Complex family situations or challenges may require legal guidance.