Disclaimer: This article provides general information about Ohio law and does not constitute legal advice. Consult a qualified probate attorney for guidance specific to your situation.
Detailed Answer
When someone in Ohio dies without a valid will (intestate) and leaves behind a minor beneficiary, Ohio’s intestacy laws determine who inherits and how the minor’s share is protected. Under Ohio Revised Code §2105.06, a decedent’s assets pass to surviving relatives. If a minor child is entitled to an inheritance, they cannot directly hold title to property or manage funds.
To safeguard the minor’s inheritance, a probate court appoints a guardian of the estate for the minor. Chapter 2111 of the Ohio Revised Code governs this process (Ohio Revised Code Chapter 2111). Interested parties—often a parent or close relative—must file a petition in the probate court in the county where the decedent lived. The court evaluates the proposed guardian’s fitness, requires a bond, and issues letters of authority once appointed.
Once appointed, the guardian must deposit the minor’s funds in a protected account. Under Ohio Revised Code §2111.18, the guardian may place cash with the county treasurer in a blocked account or in an insured financial institution, ensuring the funds remain secure until needed for the minor’s benefit. The guardian must file periodic accountings with the court, demonstrating how funds have been invested or spent on the minor’s health, education, maintenance, and support.
The guardian holds legal title and manages the assets exclusively for the minor’s benefit. The court supervises all expenditures and may require pre-approval for large withdrawals. When the minor reaches the age of majority (18 years old), the guardian petitions the court to terminate the guardianship. After court approval, the remaining assets transfer directly to the young adult.
Helpful Hints
- File the guardianship petition promptly after opening probate to minimize delays in accessing funds for the minor’s needs.
- Gather essential documents: the death certificate, proof of relationship to the decedent, and the minor’s birth certificate.
- Keep detailed records and receipts of all transactions the guardian makes on behalf of the minor.
- Review annual guardianship accountings with the probate court clerk to ensure compliance.
- Consult a probate attorney to navigate court procedures and protect the minor’s inheritance rights.