What are Ohio’s inheritance laws?

If you die without a will in Ohio, the state law determines how to allot your assets. This situation is known as dying intestate.

The Legislative Commission explains that your assets would go to your next of kin, but the law specifies what that means.

Spouse and children

The first place the court will look is at your spouse and children. If you have a spouse, but no children, then your spouse receives everything. If you have a spouse and children, but the children belong to both you and that spouse, then your spouse gets everything.

However, if you had children with someone else, the court will divide your assets between your spouse and the children who are not his or hers. If you have no spouse, then your children inherit everything. Do note that “children” in these situations refer also to grandchildren but not stepchildren.

The actual division process, including how much each party gets, depends on the relationship to you and the overall situation. It may not be split evenly. Usually, if you have a spouse, he or she will get the larger portion of your estate.

Other options

If you do not have a spouse or children of any kind, then your parents would receive your estate. The court would evenly divide the inheritance between your parents if both are living at your time of death.

If your parents are also not alive, your siblings are next in line. After that would be grandparents and then your closest blood relative. Last in line are stepchildren. If you had no living relatives of any kind, the state assumes your assets.