Detailed Answer
This FAQ explains how jointly held bank accounts and real property are typically handled under Ohio law when a person dies intestate (that is, without a valid will). The short answer: ownership and title language control whether assets pass automatically to a surviving co‑owner or must be distributed through probate under Ohio’s intestacy rules. Read on for how each common situation is treated, practical effects, and next steps.
Joint bank accounts and other financial accounts
• Accounts titled as joint with right of survivorship (often shown as “A and B” or “A OR B”) typically pass directly to the surviving joint owner. The bank will usually transfer the funds to the survivor upon proof of the account holder’s death (for example, a certified death certificate). These funds generally avoid probate.
• Payable‑on‑death (POD) or “transfer on death” (TOD) designations pass the account directly to the named beneficiary outside probate. The bank will require the beneficiary’s ID and a death certificate to complete the transfer.
• Accounts held only in the decedent’s name (no joint owner and no POD) are part of the decedent’s probate estate. Ohio’s intestacy provisions govern who inherits those funds. See Ohio Rev. Code § 2105.06 for the order of succession: https://codes.ohio.gov/ohio-revised-code/section-2105.06.
Practical notes: banks sometimes freeze accounts temporarily after learning of a death. Even when a survivor is legally entitled to funds, the bank may request documentation (death certificate, letters of authority from probate court) before releasing money. If the decedent had outstanding debts, creditors may have claims against the probate estate; funds that passed automatically to a surviving co‑owner are generally not part of the probate estate, though specific creditor claims and joint‑owner liability can create exceptions.
Real property (land and homes)
• Joint tenancy with right of survivorship: If the deed names owners as joint tenants with right of survivorship (or a similar survivorship form of ownership), the deceased owner’s interest typically transfers automatically to the surviving owner(s) by operation of law and does not pass through probate.
• Tenancy in common: If owners hold property as tenants in common, each owner owns a divisible share. A deceased tenant in common’s share becomes part of the probate estate and passes according to Ohio’s intestacy rules if there is no will.
• Tenancy by the entirety (married couples): Ohio recognizes certain forms of spousal property ownership that include survivorship features. In many cases, a surviving spouse will take the deceased spouse’s interest automatically if property is held as tenancy by the entirety or similar survivorship tenancy.
To determine how real property is titled, review the deed recorded in the county recorder’s office. If the title includes survivorship language, probate is usually not required for the surviving owner to take full ownership. If not, the decedent’s interest will likely need probate administration and distribution under Ohio’s intestacy statutes (see Ohio Rev. Code § 2105.06).
How Ohio intestacy works in outline
When assets must go through probate because there is no survivorship arrangement or named beneficiary, Ohio’s intestacy laws decide who inherits. The rules depend on whether a surviving spouse, children, parents, or more distant relatives survive the decedent. Ohio Rev. Code § 2105.06 sets the order of succession and governs distribution to spouses, descendants, parents, and other relatives: https://codes.ohio.gov/ohio-revised-code/section-2105.06. If no heirs can be located, the property may ultimately escheat to the state.
Small estates and simplified transfers
Ohio law provides streamlined procedures for transferring small estates or limited types of personal property without full probate administration. For example, Ohio statutes allow certain small‑estate procedures or affidavits to transfer personal property when the estate falls under statutory thresholds. See Ohio Rev. Code § 2113.03 for statutory procedures relating to small‑estate transfers: https://codes.ohio.gov/ohio-revised-code/section-2113.03.
Common complications
• Disputed title or ambiguous account wording. Banks and county record offices respond to the exact words on titles and deeds. Ambiguous language can result in a dispute that requires court resolution.
• Creditor claims. If assets pass outside probate (joint accounts with survivorship), creditors of the decedent may have limited ability to reach those assets. But if assets are in the probate estate, creditors’ claims are paid from estate assets before distributions to heirs.
• Gifts versus sham joint accounts. If a joint account was set up primarily to avoid probate rather than to reflect a genuine shared ownership intent, a court may scrutinize the arrangement.
Helpful Hints
- Obtain several certified copies of the death certificate early — banks, title companies, and government offices require them.
- Check account and deed language carefully: survivorship language (or a POD/TOD beneficiary) usually avoids probate; otherwise expect probate.
- Contact the bank or financial institution promptly to learn their documentation requirements. Expect temporary holds while the bank reviews records.
- If property title is unclear, order a copy of the recorded deed from the county recorder to confirm how the ownership is stated.
- Consider the small‑estate affidavit option for modest personal property; see Ohio Rev. Code § 2113.03: https://codes.ohio.gov/ohio-revised-code/section-2113.03.
- If there are debts, get legal advice about how creditor claims affect probate distributions and whether assets that passed outside probate could be reached by creditors in your situation.
- When family members disagree about ownership or when large assets are involved, consult a probate attorney experienced in Ohio law to avoid costly mistakes.
Next steps
1. Locate the will (if any) and review account titles and deeds.
2. Get certified death certificates.
3. Contact institutions that hold the assets (banks, county recorder, title companies) to understand required documentation.
4. If no survivorship language or beneficiary exists and the estate has significant assets or disputes, open probate in the county where the decedent lived and consult an Ohio probate attorney.
Disclaimer: This article provides general information about Ohio law and is not legal advice. It does not create an attorney–client relationship. For advice tailored to your situation, consult a licensed Ohio attorney.