Detailed answer — what to do when a parent dies without a will in Ohio

When a parent dies in Ohio without a will (intestate) and the house was owned only in their name, the property does not automatically become yours or your siblings’. You must follow Ohio probate and property rules so title can be legally transferred. Below are clear steps, key legal rules, and common pitfalls.

1. Confirm how the house is titled

Check the deed recorded at the county recorder’s office. If the deed names your parent alone, the house is part of the decedent’s probate estate. If the deed names your parent and another person with rights of survivorship (for example, “A and B, joint tenants with right of survivorship”), the survivor typically owns the house automatically and probate may not be required.

2. Check for a will or other nonprobate transfer

Ask family members, check safe-deposit boxes, or search the decedent’s papers. Even if there is no will, the house still must be distributed under Ohio’s intestacy rules unless a valid nonprobate transfer (joint title, transfer-on-death deed, beneficiary deed, or contract) applies.

3. Understand who inherits under Ohio law

Ohio’s intestacy rules determine who takes the property when there is no will. These rules depend on whether the decedent left a spouse, children, parents, or more distant relatives. For statutory language on distributees and intestate succession, see Ohio Revised Code section 2105.06: Ohio Rev. Code § 2105.06. The probate court uses these rules to decide who is entitled to the property.

4. Open a probate estate (if the house is in the decedent’s sole name)

Because real property usually cannot be transferred by the small-estate affidavit used for personal property, you will likely need to open an estate in the county probate court where the decedent lived. Steps include:

• File an application to open the estate and request appointment of an administrator (sometimes called personal representative). The court will provide forms and filing requirements specific to your county probate court.
• The court will notify interested parties and may require a bond from the administrator.
• The court issues Letters of Authority (or Letters Testamentary if there were a will). The appointed administrator has authority to handle estate assets, pay debts, and transfer property according to the court’s orders.

See the county probate court or the Ohio judicial help pages for local forms and procedures; probate courts are created under state law: Ohio Rev. Code § 2109.01.

5. Inventory, pay debts, and prepare for distribution

The administrator must identify assets, notify creditors, pay valid debts and taxes, and file an inventory. Only after debts and expenses are resolved can the estate property be distributed to heirs. If the house must be sold to pay debts, that may affect how and when you and your siblings receive proceeds.

6. Transfer title to heirs

Once the court approves distribution, the administrator can sign a deed transferring the house to the heirs. The deed must be prepared, signed, notarized, and recorded in the county recorder’s office where the property lies. If all heirs agree, the administrator (or heirs themselves, as directed by the court) records the deed putting the property into the heirs’ names — e.g., as tenants in common if multiple heirs share ownership.

7. Alternatives and special situations

• If the decedent used a valid transfer-on-death deed or joint ownership with survivorship, the property may bypass probate. Confirm the deed language or recorded instruments.
• If heirs cannot agree about what to do with the house, any heir may file a partition action in civil court to force sale or division of the property.
• If the estate is small but includes only personal property, Ohio has a small estate affidavit for collecting personal property (not for real property). See Ohio Rev. Code § 2117.06 (affidavit for collection of personal property).
• If the decedent owed a mortgage, the mortgage remains attached to the property. Heirs typically must refinance, assume, or pay off the loan, or the lender could seek foreclosure.

8. Timeline and costs

Probate can take several months to over a year, depending on estate complexity, creditor timelines, and court backlog. Expect court filing fees, possible bond premiums, title and recording fees, and attorney fees if you hire counsel.

9. Practical next steps right away

1. Obtain several certified copies of the death certificate from the funeral home or vital records office.
2. Locate the deed and other title documents at the county recorder where the property is located.
3. Contact the county probate court clerk to ask about opening an intestate estate and get the checklist and forms for your county.
4. Talk with your siblings about whether you want one person to act as administrator and whether you’ll attempt an amicable transfer or need legal help.

Helpful hints

• Do not sign any transfer papers until you know whether probate is required and who the legal heirs are.
• Check the deed carefully for words like “joint tenancy,” “right of survivorship,” or a Transfer-on-Death designation — these can avoid probate.
• Get multiple certified death certificates early; many agencies and institutions will require originals or certified copies.
• If you discover a mortgage or tax liens, contact the lender and the county tax office promptly to learn how those obligations affect transfer options.
• If one heir wants to buy out others, obtain a professional appraisal and use a written agreement and recorded deed to protect everyone.
• If heirs disagree and you want to avoid long court battles, consider mediation or a settlement agreement before filing motions.
• Use county probate court resources — clerks can explain local filing steps but cannot give legal advice.
• Keep careful records: inventories, receipts for estate expenses, and copies of every court filing. These will be important for the administrator’s accounting.