Who Inherits If You Die Without a Will in Ohio?

 Posted on June 20, 2025 in Estate Planning

Estate planning is more important than you might think. Regardless of your age or level of assets, death can happen unexpectedly. Dying without a will is known as dying "intestate," as detailed in Title 21, Section 2105.06. Those who die intestate can leave their loved ones facing delays, confusion, and unexpected outcomes.

In Ohio, as in most states, when a person dies without a valid will, state law will determine who will inherit the decedent’s assets. These laws follow a very strict order of inheritance that might be contrary to what the decedent would have wanted.

In situations involving blended families, unmarried partnerships, or situations with estranged family members, the state’s choice of those who will inherit could be vastly different. A much better choice is to speak with an experienced Summit County, OH estate planning attorney who can help you create a plan that ensures those you choose will inherit your assets in the simplest way possible.

What is Intestate Succession in Ohio?

Intestate laws favor family members and those who are closely related. In Ohio, intestate laws dictate that a spouse is the first heir. If the surviving spouse is not the natural parent of one or more children, then the estate goes to the surviving spouse and those children. If the surviving spouse is the parent of one of the decedent’s children but not all of them, the surviving spouse is entitled to a larger share of the estate but must split the remainder with the decedent’s other children.

If there is no surviving spouse, the estate goes to the decedent's children in equal shares. If there is no surviving spouse and no children, then the decedent's parents will inherit equally. If there is no surviving spouse, no children, and no living parents, any siblings of the decedent are next in line to inherit. Illegitimate children in Ohio cannot inherit if the parent/child relationship was not established prior to the death.

Dying Intestate Creates a Situation Where Children Receive Their Inheritance at a Young Age

When a person dies intestate, it means they did not appoint a guardian or trustee for their minor children. If there is no surviving spouse, the state will determine who will care for the children and who will manage the children’s inheritance as long as they are minors. On their 18th birthday, the children will receive their entire inheritance. This is rarely a positive thing, as young people have not yet developed the skills to manage their finances effectively. Having a guardian chosen by the state is also rarely a good thing.

Avoiding Intestate Succession

Working with a knowledgeable estate planning attorney to create a comprehensive estate plan is the best way to ensure minor children are cared for by trusted individuals and that assets go to those chosen rather than those the state dictates. Family conflicts and unintended outcomes are almost a given when a person dies without an estate plan. Every person’s estate plan will be tailored specifically to his or her life situation, assets, and other unique circumstances.

Some people may only need a basic estate plan, which typically includes a will, a living will, and a healthcare power of attorney. Those with more assets or specific issues that can only be addressed by a trust may have one or more trusts, a healthcare power of attorney, a living will, a will (if there are minor children), and a financial power of attorney. Those who wish to have charitable donations made from their estate after their death can also do so.   

Contact a Medina County, OH Estate Planning Lawyer

Dying without a will or any type of estate plan can have devastating consequences. Speaking to a Brunswick, OH estate planning attorney from The Law Office of Whitney K.S. Miller, LLC can save your loved ones from these consequences. We offer free consultations in most cases. Call 330-725-4114 to schedule your initial attorney meeting.