Probate in Ohio: What Your Family Goes Through Without a Will

In Ohio, estates are distributed under the state's intestate succession laws through the county probate court if there is no will.  

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If you want to skip probate, you can elect one of the following exceptions.

• Identify a beneficiary for life insurance policies.

• Identify a beneficiary for retirement accounts.

• Property held in joint and survivorship ownership.

• Identify a beneficiary for bank accounts by adding a payable-on-death designation.

If none of these apply, Ohio offers two simplified alternatives to full estate administration. A Release from Administration under ORC 2113.03 is available if the estate's assets are $35,000 or less, or $100,000 or less if a surviving spouse is entitled to the entire estate. An even narrower option, Summary Release from Administration, applies when the estate is only large enough to cover funeral, burial, and last-illness expenses.

Succession Laws Without a Will in Ohio

Since Ohio is not a community property state, all assets owned by the deceased are treated the same regardless of whether they were acquired before or during the marriage. Under Ohio Revised Code 2105.06, the lines of succession without a will are as follows.

• If you have no children but do have a surviving spouse, your spouse inherits everything.

• If you no living spouse but you do have children, your children inherit everything, divided equally by representation.

• If you have no spouse and no children, your parents inherit everything.

• If the event that you have no spouse, no children, and no parents, your siblings inherit everything.

If you are married and have children, the split is dependent on whether those children are also your spouse's biological or adopted children.

• If all of your children are also your spouse's children, either biologically or through adoption, your spouse inherits everything.

• If you have one child who is not your spouse's, your spouse inherits the first $20,000 plus one-half of the balance, with the remainder going to that child.

• If you have more than one child and your spouse is the parent of at least one but not all of them, your spouse inherits the first $60,000 plus one-third of the balance, with your children splitting the rest.

• If you have more than one child and none are your spouse's, your spouse inherits the first $20,000 plus one-third of the balance, with your children splitting the rest.

Want to compare your options before or after probate? Compare what is included in a will and a trust.