Intestate succession refers to the legal process that determines how the state distributes a deceased person’s assets when they die without a will. In Ohio, this process ensures that all property is allocated according to state laws.
It is helpful for all state residents to understand how intestate succession works.
The basics of intestate succession
When someone dies intestate, Ohio law steps in to manage the distribution of their assets. The court appoints an administrator if no named executor exists in a will or if the executor cannot serve. The administrator identifies the decedent’s assets, pays off debt and taxes, and distributes the remaining property to the rightful heirs. They must follow Ohio’s legal guidelines to avoid disputes and ensure a fair process.
Inheritance priorities
Ohio’s intestate succession laws establish a clear hierarchy for inheritance. The decedent’s closest relatives receive priority. If the decedent was married, the surviving spouse inherits the entire estate. If the decedent had children but no surviving spouse, the children inherit the estate equally.
Distribution to spouse and children
In cases where there is both a surviving spouse and children from the marriage, the spouse receives the first $20,000 and half of the estate, with the children sharing the other half. If the children are from a different relationship, the spouse receives one-third, and the children receive two-thirds of the estate.
Inheritance without immediate family
If the decedent has no spouse or children, the estate goes to other relatives in a specific order: parents, siblings, nieces and nephews, and then distant relatives. If they find no relatives, the state of Ohio takes possession of the estate.
Understanding intestate succession in Ohio helps ensure that the property of a deceased person without a will is distributed fairly. While having a will is beneficial, knowing these laws can provide peace of mind in the absence of one.