When a loved one passes away, probate can be challenging even under normal circumstances. The process becomes more complicated when one of the named beneficiaries dies before the estate is fully administered. Ohio has specific laws that determine what happens next, and understanding these rules helps families avoid confusion and unnecessary disputes. At Singler Law LLC, we assist Cincinnati residents in navigating these situations with clarity and confidence.

What Happens if a Beneficiary Dies Before the Estate Settles?

A beneficiary may pass away either before the person who created the will (the testator) or after the testator but before receiving their inheritance. The outcome depends on the timing and the terms of the will.

1. If the Beneficiary Dies Before the Testator

When a beneficiary dies before the person who created the will, Ohio’s anti-lapse statute may apply.

 Ohio law prevents certain gifts from “lapsing” (disappearing) if:

• The beneficiary was a child or descendant of the testator, and
• The deceased beneficiary left surviving descendants.

In that case, the deceased beneficiary’s children or grandchildren inherit the share unless the will states otherwise.

 If the anti-lapse rule does not apply, the gift may lapse and become part of the residual estate or pass to other beneficiaries.

2. If the Beneficiary Dies After the Testator but Before Receiving the Inheritance

Once the testator has passed away, beneficiaries gain a property interest in their inheritance—even if probate isn’t finished. If a beneficiary dies during probate:

• Their inheritance becomes part of their own estate,
• Their executor or administrator will receive the assets, and
• Those assets then pass according to their will or Ohio’s intestacy laws.

This often leads to two probate processes occurring at the same time.

What if the Will Includes Special Instructions?

Many wills include contingency language, such as:

• “If my son does not survive me, his share goes to my daughter.”
• “If any beneficiary predeceases me, their share passes equally to the surviving beneficiaries.”

These instructions override Ohio’s default probate rules. A well-drafted will can prevent disputes and ensure the decedent’s wishes are honored.

How Joint or Non-Probate Assets Are Affected

Some assets bypass probate entirely, including:

• Joint bank accounts with rights of survivorship
• Transfer-on-death (TOD) designations
• Life insurance proceeds
• Retirement accounts with beneficiary designations

If a named beneficiary of one of these assets dies, ownership transfers according to the contract or account terms—not probate rules.

Why These Situations Often Require Legal Help

When a beneficiary dies, the probate process can expand significantly. Legal assistance can help families:

• Determine whether the anti-lapse statute applies
• Resolve disputes between heirs
• Understand how non-probate assets are distributed
• Coordinate multiple probate cases
• Prevent errors that delay estate administration

At Singler Law LLC, we guide Cincinnati families through these complex situations to ensure the estate is managed efficiently and according to Ohio law.