What happens if you die in Ohio without a will? Here’s who gets your property

Writing a will is often the last thing on our minds or many assume “it will all get figured out” in the end.

However, in Ohio, if you don’t have a will when you die, your assets will be distributed according to state law, but what does that mean? Here’s what to know:

What happens if you die without a will in Ohio?

In Ohio, dying without a will means you die “intestate.” This means your assets are passed down through “intestate” succession. So, if you don’t have a will when you die, your loved ones might be confused and your assets might not be split the way you initially intended.

Here are the basic guidelines on how property will be split in Ohio, according to the Ohio State Bar Association:

• If a decedent is survived by a spouse and no surviving children or descendants of deceased children, the entire estate goes to the spouse. 
• If a decedent is survived by a spouse and one or more children or their descendants, and if all the children who survive or who have descendants are also the children of the surviving spouse, the entire estate goes to the surviving spouse.
• If a decedent is survived by a spouse and one child or the child’s descendants and if the surviving spouse is not the natural or adoptive parent of the child, the spouse receives the first $20,000 from the estate plus one-half the remainder of the estate. The balance of the estate passes to the child or, if the child is deceased, to the child’s descendants.
• If a decedent is survived by a spouse and more than one child or their descendants, the spouse receives the first $60,000 if the spouse is the natural or adoptive parent of one, but not all of the children, or the first $20,000 if the spouse is not the natural or adoptive parent of any of the children. The spouse receives one-third of the balance of the estate and the children will receive two-thirds of the balance of the estate in equal shares.  Descendants of a deceased child divide that child’s equal share. 
• If there is no surviving spouse, but surviving children or their descendants, each of the children receives an equal share of the estate.  Descendants of a deceased child divide that child’s equal share.
• If the decedent has no surviving spouse or children and no descendants of deceased children, the estate goes to his or her surviving parent(s) or, if both parents have died, in equal shares to brothers and sisters or their descendants.

How to make a will in Ohio

If you currently don’t have a will and would like to make one, here are some things to know:

• You must be at least 18 years of age and of sound mind to make a will.
• According to Ohio State University, a will must be in writing and have two witnesses sign that aren’t beneficiaries.
• A lawyer will help you decide what property to include in the will and who to leave it to (spouse, children, loved ones, etc.). Other factors like who will be the guardian of your children and where their inheritance will go should also be included in the will.

Do you have more questions? Let me know in the comments or email me at cmadden@mcclatchy.com

Chelsea Madden

The Telegraph

Chelsea is a service journalism reporter who began working for McClatchy in 2022. She was born and raised in Middle Georgia and lives in Forsyth. She attended Wesleyan College for undergrad and a few years after that, went to SCAD for an MFA in writing. Outside of work, Chelsea likes to watch Netflix, read books in the thriller genre and chase her toddler around.