What are Ohio's intestate laws regarding estate distribution?

Full question:

Is there an intestate law in Ohio? If so, what is it? or where can I find it.

Answer:

In Ohio, if a person dies without a valid will (intestate), their estate is distributed according to specific laws. The distribution starts with the surviving spouse, who generally receives the following:

  1. If there are no children or if all children are also children of the spouse, the spouse inherits the entire estate.
  2. If there is one child and the spouse is not the child's parent, the spouse gets the first $20,000 plus half of the remaining estate. The child or their descendants receive the rest.
  3. If there is a spouse and multiple children, the spouse receives the first $60,000 (if they are a parent of at least one child) or $20,000 (if they are not a parent), plus one-third of the remaining estate. The children share the rest equally or through their descendants.

If there is no surviving spouse, the estate is distributed as follows:

  1. To the decedent's children or their descendants.
  2. To the decedent's parents equally.
  3. To the decedent's siblings or their descendants.
  4. To the decedent's grandparents, half to each side (paternal and maternal).
  5. To the lineal descendants of deceased grandparents.
  6. To stepchildren or their descendants.

If no heirs are found, the estate goes to the state of Ohio. Personal property is paid to the county treasurer for the school fund, while real property is sold, with proceeds shared between state and local governments. Ohio's intestate succession laws are detailed in Title 21 of the Ohio Revised Code.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

The 7-year rule in Ohio refers to the presumption of death for individuals who have been missing for seven years. If a person is absent for this period, their heirs may file a petition to declare them legally dead. This can affect estate distribution and inheritance rights, particularly in cases of intestacy. However, this rule does not automatically resolve issues related to property or financial matters, and legal guidance is recommended to navigate such situations.