OH risk area
Intestacy risk in Ohio
How assets are distributed when there is no will and state default rules control the outcome.
Ohio intestacy gives the surviving spouse all if all descendants are shared, but reduces the spouse's share when the decedent has descendants from another relationship.
Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?
At a glance
Key takeaways
- If there is a spouse and all surviving children are also children of the spouse, the spouse inherits the entire estate.
- If there is a spouse and one child not of the spouse, the spouse receives $20,000 plus one-half of the balance and the remainder goes to the child by representation.
- If there is a spouse and more than one child, the spouse receives $60,000 (if the spouse is parent of one but not all children) or $20,000 (if the spouse is parent of none) plus one-third of the balance.
- If no spouse, the estate passes to children or their descendants, then parents, then siblings, then more remote relatives by statute.
Questions to consider
Questions this risk area helps you evaluate in Ohio
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
Ohio intestacy gives the surviving spouse all if all descendants are shared, but reduces the spouse's share when the decedent has descendants from another relationship.
- If there is a spouse and all surviving children are also children of the spouse, the spouse inherits the entire estate.
- If there is a spouse and one child not of the spouse, the spouse receives $20,000 plus one-half of the balance and the remainder goes to the child by representation.
- If there is a spouse and more than one child, the spouse receives $60,000 (if the spouse is parent of one but not all children) or $20,000 (if the spouse is parent of none) plus one-third of the balance.
- If no spouse, the estate passes to children or their descendants, then parents, then siblings, then more remote relatives by statute.
- An heir must survive the decedent by 120 hours to inherit under intestacy.
Sources
- https://codes.ohio.gov/ohio-revised-code/section-2105.06
- https://codes.ohio.gov/ohio-revised-code/section-2105.19
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Ohio.