What Happens If You Die Without a Will in Ohio?

June 30, 2025

What Happens If You Die Without a Will in Ohio?

Dying without a will—also known as dying “intestate”—can leave your loved ones in a difficult legal position. In Ohio, when a person passes away without a valid will, the state’s intestacy laws decide how their assets will be distributed. At Singler Law LLC, we help individuals and families in Cincinnati navigate these situations and plan ahead to avoid unnecessary complications.



Ohio’s Intestate Succession Rules


When someone dies without a will in Ohio, the probate court applies a strict order of inheritance set out in state law. The priority of who receives what depends on who survives the deceased:


  • Surviving spouse only: If there are no children or if all children are shared with the spouse, the spouse receives everything.
  • Spouse and children from another relationship: The spouse receives the first $20,000 plus one-half of the remaining estate. The rest is divided among the children.
  • Children but no spouse: The children inherit everything, split equally.
  • No spouse or children: The estate passes to parents, then siblings, then more distant relatives.


These rules do not account for personal wishes, relationships with stepchildren, or close friends. Without a will, the court follows the law exactly as written.


Risks of Dying Without a Will


When there is no will:


  • The person you would have chosen as executor cannot be appointed unless the court agrees.
  • Minor children could be placed with guardians you wouldn’t have chosen.
  • The probate process may be longer and more expensive.
  • Certain loved ones may be unintentionally excluded from inheriting.


How a Will Can Help


A valid will gives you the power to:


  • Decide who gets your property.
  • Name a guardian for minor children.
  • Choose someone you trust to handle your estate.
  • Provide clarity and peace of mind to your loved ones.


Creating a will also minimizes the chances of conflict among family members during a difficult time.


Get Help From an Ohio Estate Planning Attorney


If you’re in Cincinnati and want to make sure your wishes are honored, Singler Law LLC is here to help. Whether you need to create a new will or navigate the probate process after a loved one’s passing, we provide experienced legal guidance tailored to your needs.

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