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Roughly two-thirds of Americans die without a will (known as dying “intestate”). While many people postpone or avoid estate planning for various reasons, the consequences of dying without a will can be significant. Each state, including Ohio, has its own set of intestacy laws. If you pass away without leaving a valid will in Ohio, your property will be distributed according to Ohio intestacy law and not according to your wishes.
In this post, we’ll review what happens when you die without a will in Ohio, how intestate succession works, and why creating an estate plan is essential to protecting your loved ones, your legacy, and your peace of mind.
Intestacy is the legal term for dying without a valid will. When someone dies intestate in Ohio, the probate court oversees the distribution of their assets based on guidelines in the Ohio Revised Code. Rather than you deciding who receives your assets and in what proportions, Ohio’s intestacy laws make those decisions for you.
Ohio’s intestacy laws only govern probate assets. These are assets that:
For example, a jointly titled bank account or a TOD real estate deed will pass directly to the named beneficiary and will not be governed by intestacy laws.
Under Ohio law, the distribution of your estate without a will depends largely on your family structure. Here’s how it generally breaks down:
If your spouse survives you and is the other biological parent to your children, they inherit the entirety of your assets.
If your spouse dies before you and you have children, the children take the estate per stirpes. Per stirpes is a Latin phrase which means by roots and in the context of wills it means that your children take their portion of your estate divided by how many children you have. For example, if you have three children each child would take a third of your estate.
If you have a spouse who survives you and your only children are from another marriage, under Ohio law your spouse inherits the first $20,000 of your estate plus one half of whatever value remains in the estate. For example, if your estate is worth $100,000 and you have a spouse who survives you as well as children from another marriage, your spouse would inherit $60,000 of your estate while your children would split the remaining $40,000 of your estate.
If you have a child who dies before you but who had children of their own, those children inherent their parent’s portion of your estate to be split between them depending on the number of children your deceased child had. For example, if your estate was worth $100,000, you and your spouse had both died, and you had three children (one of whom previously died leaving two children of their own), those children would inherit their parent’s third of the estate totaling approximately $33,333, which would then be divided between them for approximately $11,111 each.
If you and your spouse both die without children, your parents would inherit your estate equally. This means that if both of your parents survive you and your estate is worth $100,000, each of your parents would inherit $50,000.
If your parents are no longer living and you have no spouse or children your estate would go to your siblings, regardless of whether they are half siblings, in equal shares. For example, if you have no parents, spouse, or children, but have two siblings and your estate is worth $100,000 your siblings would each inherit $50,000.
If your grandparents are still living on either side, meaning either your mother’s parents or your father’s parents are still alive, they would take from your estate in equal measure. For example, if you had no spouse, children or siblings and your parents had both died but your father’s mother and your mother’s father were still alive, and your estate was worth $100,000, each of your grandparents would inherit $50,000.
Under Ohio law, if your estate cannot be distributed to your spouse, children, parents, siblings or grandparents, your cousins would inherit your estate in equal measure. If one of your cousins had also died, their children would inherit their portion of your estate.
If you have no other family members and only your stepchildren survive you, they will inherit your estate to be split equally depending on how many stepchildren you have. For example, if your estate is worth $100,000 and only two stepchildren survive you, each stepchild will inherit $50,000
Under Ohio law, if you have no relatives at all who can inherit your estate, your estate goes to the state of Ohio to be used as it sees fit.
If you have cryptocurrency, online accounts, digital photos, or even email accounts, no one may legally access them without explicit authorization. Similarly, without a will or pet trust, your pets could end up in a shelter.
Let’s look at some hypothetical case studies intended to illustrate how intestacy can impact real Ohio families:
More than 40% of U.S. families are blended. Suppose an Akron man dies without a will, leaving behind his second wife and a child from a previous marriage. Under Ohio law, his second wife receives $20,000 plus half the estate, and his biological child receives the rest—potentially creating conflict and hardship if, say, the family home must be sold to divide the assets.
Stepchildren, foster children, and longtime companions are excluded under Ohio intestacy laws unless they are legally adopted or married to the decedent. Even someone you considered your child for decades will not inherit unless formal legal steps were taken.
A small business owner in Columbus who dies intestate may leave their business without clear instructions or management. The court may appoint a personal representative unfamiliar with the business, which can lead to the company’s dissolution, sale, or decline.
If you die leaving minor children and there is no surviving parent, the probate court decides who becomes their legal guardian. Even if you verbally expressed your wishes, they won’t be legally binding without a will or guardianship nomination.
As you can see, what happens when you die without a will (or a more robust instrument like a revocable living trust) is not good news. Failing to do even basic estate planning like making a will can rob you of the ability to determine who inherits your assets. Dying without a will in Ohio means opening the door to unnecessary confusion, delays, expense, and potential family conflict. Instead, consider creating an estate plan that puts your wishes in writing and your family at ease.
At Rhodium Law, we help individuals and families across the State of Ohio create personalized estate plans that reflect their values and wishes. If you have questions regarding Ohio intestacy laws or need assistance in creating or modifying your estate plan, schedule a complimentary strategy session with our compassionate, experienced legal team today.
