Who inherits in Ohio when there is no will?

Under R.C. 2105.06: the whole to the surviving spouse where every surviving child is also the spouse's, or where no descendant survives; with one child who is not the spouse's, the first $20,000 plus one-half to the spouse and the rest to the child; with more than one child, the first $60,000 or $20,000 plus one-third to the spouse and the rest to the children per stirpes; with no spouse, to the children or their descendants per stirpes; then parents, brothers and sisters, grandparents and next of kin, then stepchildren, then the state.

What does "per stirpes" mean in Ohio?

The division begins at the children's generation: each surviving child takes a share and a deceased child's share passes to that child's own descendants (R.C. 2105.06(A)); where all the surviving descendants are of equal degree, they take in equal parts (R.C. 2105.12). The same pattern applies among brothers and sisters and among the grandparents' descendants (R.C. 2105.06(G), (I)).

Does a trust change who inherits?

Property titled to the trustee passes under the trust's terms, not under R.C. 2105.06; only the probate estate passes by intestacy. The surviving spouse and minor children receive the $40,000 allowance for support from the estate (R.C. 2106.13), and an estate within the limits may be released from administration (R.C. 2113.03).

Dying Without a Will in Ohio (Intestacy)

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What “intestate” means

Dying “intestate” means dying without a valid will. Ohio's statute of descent and distribution (R.C. 2105.06(B), R.C. 2105.06(F)) then sets a fixed order of who inherits your probate assets — regardless of what you would have wanted — dividing a share among descendants per stirpes (R.C. 2105.06(A)), with the $40,000 allowance for support coming first (R.C. 2106.13). Assets that pass outside probate (a funded Trust, beneficiary designations, a transfer on death designation affidavit, property held with right of survivorship) follow their own rules, not intestacy.

Who inherits under Ohio law

Spouse, no descendants — the surviving spouse inherits the entire intestate estate (R.C. 2105.06(B)).
Spouse and shared children only — if every surviving child of the decedent is also the surviving spouse's, the spouse inherits everything (R.C. 2105.06(B)).
Blended family — with one child who is not the spouse's, the spouse takes the first $20,000 plus one-half of the balance; with more than one child, the first $60,000 (where the spouse is the parent of one but not all) or $20,000 (where the spouse is the parent of none) plus one-third, and the children or their descendants take the rest per stirpes (R.C. 2105.06(B); R.C. 2105.06(F)).
No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (R.C. 2105.06(F)).

The spouse's share and minor children

In Ohio, when there is no will, a surviving spouse takes the whole intestate estate if no descendant survives or every surviving child is also the spouse's; otherwise the spouse takes the first $20,000 or $60,000 plus one-half or one-third of the balance, as the statute's branches provide (R.C. 2105.06(B)), and the $40,000 allowance for support comes first (R.C. 2106.13). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.

Does the state take everything?

Almost never. Property only “escheats” to the State of Ohio as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.

Take back the decision

Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can show you where you stand, and a Ohio attorney can help you put a plan in place.

General information about Ohio law, not legal advice.

Frequently asked questions

Who inherits in Ohio when there is no will?: Under R.C. 2105.06: the whole to the surviving spouse where every surviving child is also the spouse's, or where no descendant survives; with one child who is not the spouse's, the first $20,000 plus one-half to the spouse and the rest to the child; with more than one child, the first $60,000 or $20,000 plus one-third to the spouse and the rest to the children per stirpes; with no spouse, to the children or their descendants per stirpes; then parents, brothers and sisters, grandparents and next of kin, then stepchildren, then the state.
What does "per stirpes" mean in Ohio?: The division begins at the children's generation: each surviving child takes a share and a deceased child's share passes to that child's own descendants (R.C. 2105.06(A)); where all the surviving descendants are of equal degree, they take in equal parts (R.C. 2105.12). The same pattern applies among brothers and sisters and among the grandparents' descendants (R.C. 2105.06(G), (I)).
Does a trust change who inherits?: Property titled to the trustee passes under the trust's terms, not under R.C. 2105.06; only the probate estate passes by intestacy. The surviving spouse and minor children receive the $40,000 allowance for support from the estate (R.C. 2106.13), and an estate within the limits may be released from administration (R.C. 2113.03).

General information about Ohio law, not legal advice.