The Ohio Home After a Death

What “homestead” means in Ohio

Ohio has no homestead devise rule. Its law speaks of the residence exemption — a judgment debtor's interest in one residence, kept from execution and forced sale up to the amount R.C. 2329.66(A)(1)(b) states, which the Ohio Judicial Conference adjusts every third April — of the surviving spouse's dower in real property (R.C. 2103.02), and of the spouse's election to take the mansion house as part of the intestate share and the allowance for support (R.C. 2106.10). Who inherits the home is decided by the will, the trust, the deed, a transfer on death designation affidavit or intestacy.

Who gets the home

In Ohio the home passes like the decedent's other property — under the will or the trust, or by intestacy (R.C. 2105.06(B)) — subject to the surviving spouse's dower (R.C. 2103.02), the spouse's election against the will (R.C. 2106.01) and the spouse's election to take the mansion house (R.C. 2106.10):

• With a will or a trust that disposes of the home, it passes as the instrument says — subject to the surviving spouse's dower where the deceased spouse conveyed real property during the marriage without the spouse's release (R.C. 2103.02) and the spouse's election against the will (R.C. 2106.01).
• Without one, the home passes by intestacy with the rest of the estate — the whole to the surviving spouse where every surviving child is also the spouse's or no descendant survives, otherwise the statute's $20,000 or $60,000 plus a half or a third to the spouse and the balance to the children per stirpes (R.C. 2105.06(B); R.C. 2105.06(F)) — and the spouse may elect to take the mansion house as part of that share (R.C. 2106.10).
• A home owned with a right of survivorship passes to the survivor outside the will; a home under a recorded transfer on death designation affidavit passes to the named beneficiaries (R.C. 5302.22); a home titled to a trustee passes by the trust's terms, with a memorandum of trust of record when the trustee conveys (R.C. 5301.255).

Can the home be left by will or by trust? Yes

Ohio places no restriction on devising a home: the owner may leave it by will or by trust to anyone, subject to the surviving spouse's dower in real property conveyed during the marriage without the spouse's release (R.C. 2103.02) and the spouse's right to elect against the will (R.C. 2106.01).

Creditors and the home after a death

After the owner's death, the home is part of the estate that answers for the decedent's debts: every claim against the estate is presented within six months of the death or is barred (R.C. 2117.06). The trust code makes a revocable trust's property subject to the settlor's creditors during the settlor's lifetime (R.C. 5805.06) and states no clause on the trust's liability after the death; the residence exemption keeps a judgment debtor's interest in one residence from forced sale up to the indexed amount (R.C. 2329.66). Liens and mortgages on the home still apply. Whether particular property is reachable is fact-specific attorney territory.

Property taxes

Ohio values property on the county auditor's cycle under its property tax code, and no statute in the Ohio statute library reassesses a home because it changed hands at a death; a transfer to a trust is not itself a taxable event. A new owner reviews any homestead reduction with the county auditor, who determines the effect. A Ohio attorney can confirm what applies.

What should happen next?

Outcomes turn on facts: who survived, how the deed reads, whether minors are involved, and a spouse's election, made not later than five months from the initial appointment of an executor or administrator (R.C. 2106.01(E)). This page is general information, not legal advice. A free role check shows you where you stand, and a Ohio attorney can confirm how the home passes in your situation.

General information about Ohio law, not legal advice.