Estate planning is something many people put off, but if you pass away without a will, your assets won’t be distributed according to your wishes. Instead, they’ll be handled under Ohio’s intestate succession laws. Dying without a will in Ohio can create complications for your loved ones, leaving them with legal hurdles that could have been avoided.

Understanding how intestate succession in Ohio works is essential for anyone who wants to ensure their assets go to the right people. Below, we break down what happens when someone dies without a will, who inherits their property, and why estate planning is so important.

What Does It Mean to Die Intestate?

Dying intestate means dying without a will that’s valid. When this happens, Ohio law determines how your estate is distributed, rather than your personal preferences. The probate court will oversee the process, ensuring your assets are distributed to your closest relatives based on a strict legal formula.

One of the biggest issues with intestate succession in Ohio is that it removes personal choice from the equation. The law applies a one-size-fits-all approach, which may not align with your actual wishes. This can be especially problematic if you have a blended family, long-term partner without a marriage certificate, or specific intentions for certain assets.

Who Inherits Without a Will?

Ohio’s intestate succession laws establish a hierarchy of inheritance. If you die without a will, your assets generally pass to your closest relatives in the following order:

• Spouse and children: If you are married and have children with your spouse, your spouse typically inherits everything. If you have children from a previous relationship, your estate is split between your spouse and those children, based on specific legal formulas.
• Parents: If you are not married and have no children, your estate passes to your parents.
• Siblings: If your parents are no longer living, your siblings inherit your estate.
• Extended family: If you have no immediate family, the law looks further down the family tree to grandparents, aunts, uncles, and cousins.
• The State of Ohio: If no living relatives can be found, your estate ultimately goes to the state.

This distribution might not reflect what you would have wanted. Without a will, you have no say in who receives your money, property, or sentimental belongings.

Probate and Non-Probate Assets

Not all assets go through probate when someone dies intestate. It’s important to distinguish between probate and non-probate assets:

• Probate assets: These include assets solely in your name without a designated beneficiary. Examples include personal bank accounts, real estate titled in only your name, and personal property such as cars and jewelry.
• Non-probate assets: These pass directly to designated individuals without going through probate. Common examples include life insurance policies with a named beneficiary, retirement accounts, jointly owned property, and payable-on-death bank accounts.

Even if you die without a will, non-probate assets transfer automatically to the designated beneficiaries. However, everything else must go through the probate process, which can be time-consuming and expensive for your loved ones.

How Does Intestate Succession Work in Ohio?

When someone dies without a will, the probate court follows Ohio’s intestate succession laws to distribute their assets. The process generally follows these steps:

1. Identifying heirs: The court determines who the legal heirs are based on Ohio law.
2. Appointing an administrator: The court appoints an administrator to manage the estate.
3. Paying debts and taxes: Before any inheritance is distributed, debts, taxes, and administrative costs must be paid from the estate.
4. Distributing remaining assets: Once debts and expenses are covered, the remaining assets are divided according to Ohio’s intestate succession laws.

This process can take months or even years, depending on the complexity of the estate and whether any disputes arise. If there is disagreement among heirs, legal battles may follow, further delaying distribution.

The Benefits of Proactive Estate Planning

Creating an estate plan allows you to control how your assets are distributed and helps prevent unnecessary complications for your family. Here are some key benefits of proactive estate planning:

• Ensure your wishes are followed: A will lets you decide who inherits your assets and in what proportions.
• Protect unmarried partners and friends: Intestate succession does not recognize unmarried partners or non-family members. A will ensures they receive what you intend.
• Avoid family disputes: Clear instructions in a legally binding document reduce the likelihood of arguments and court battles.
• Streamline the probate process: Proper estate planning can simplify and, in some cases, avoid the probate process altogether.
• Appoint guardians for minor children: If you have minor children, a will allows you to name a guardian rather than leaving the decision up to the court.

Take Control of Your Estate Planning

Dying without a will in Ohio puts your family in a difficult position. Ohio’s intestate succession laws may not reflect your true intentions, leading to unintended outcomes and legal challenges. The best way to protect your loved ones and ensure your wishes are honored is to create a will and develop a comprehensive estate plan.

At Legacy Law Group, Ltd., we help individuals and families secure their futures with personalized estate planning solutions. If you’re ready to take control of your legacy, contact us today to schedule a consultation.