What Happens If You Die Without a Will in Ohio?

// Estate Planning

Published February 2025 | 6 min read

Dying without a will, known legally as dying intestate, means Ohio's intestacy statutes determine who inherits your estate. The result is often not what the deceased would have wanted, and it can create significant conflict and expense for surviving family members.

Ohio's Intestacy Laws

Under Ohio Revised Code Chapter 2105, if you die without a will, your assets are distributed in the following order: your surviving spouse and children share the estate according to a specific formula; if you have no spouse or children, assets pass to your parents; then to your siblings; and so on down the line of kinship.

The Surviving Spouse Problem

Many people assume their spouse automatically inherits everything. In Ohio, that is only true if you have no surviving children or if all your children are also the children of your surviving spouse. If you have children from a prior relationship, your spouse may receive only a portion of your estate.

What About Minor Children?

Without a will, you cannot designate a guardian for your minor children. The court will appoint one, which may or may not be the person you would have chosen. A will allows you to name the guardian and provide instructions for how assets should be managed for your children's benefit.

The Probate Process Without a Will

Dying intestate does not avoid probate. Your estate still goes through the Ohio probate process, which can take months or years and involves court supervision, attorney fees, and public disclosure of your assets.