Do I Need a Will in Ohio? What Happens If You Die Without One

Many Ohioans put off creating a will because it feels like something to deal with later. But dying without a will in Ohio, known as dying intestate, means the state decides what happens to your assets, not you. The results are often not what you would have wanted.

What Ohio Intestacy Law Says

If you die without a will in Ohio, your assets are distributed according to Ohio Revised Code Chapter 2105. The general order of inheritance is: surviving spouse, then children, then parents, then siblings. The specific shares depend on your family situation and can produce outcomes that surprise families.

Married with Children

If you are married with children who are also your spouse's children, your spouse inherits everything. But if you have children from a prior relationship, your estate is split between your spouse and those children, which can create significant family conflict.

Unmarried with Children

Your children inherit everything in equal shares. If a child has predeceased you, their share passes to their children (your grandchildren).

Why a Will Is Not Enough on Its Own

A will only controls assets that go through probate. Assets with beneficiary designations, like life insurance and retirement accounts, and jointly titled assets pass outside your will entirely. A complete Ohio estate plan typically includes a will, a durable power of attorney, a healthcare power of attorney, and a living will (advance directive).

When to Contact an Ohio Estate Planning Attorney

You should create or update your estate plan after any major life event: marriage, divorce, birth of a child, death of a beneficiary, or significant change in assets. Wolterman Law Office offers case reviews for Ohio estate planning at our Loveland and Blue Ash offices.