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How do we file for our brother's possessions without a will?

How do we file for our brother's possessions without a will?

Q: Who inherits if there is no will?

If there is no will, the state intestacy laws dictate who inherits the deceased's assets. Generally, the closest relatives, such as children, parents, or siblings, will inherit. In Ohio, if a person dies without a will and has no surviving spouse or children, siblings are typically next in line to inherit the estate.

Full question:

Recently my brother died having no will. My sister and I as his only next of kin. Our parents both predeceased him. He never married nor had any children. How do we file for his possessions under the OCR Title 21 for Intestate Decedent? He had only personal effects, a vehicle ($2500), and less than $20,000 in the bank. We are unable to find any appropriate forms.

Category: Wills and Estates
Subcategory: Small Estates
Date: 04/07/2025
State: Ohio

Answer:

In Ohio, if an estate is valued at less than $35,000, the next of kin can file a request with the court to resolve the estate without going through the full administration process. If the court finds the request valid under the relevant statute, it may issue an order to relieve the estate from administration. This order will direct the transfer of personal property and any real estate to the rightful heirs.

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

What happens when your brother dies without a will?

When a brother dies without a will, he is considered to have died intestate. In this case, state laws determine how his assets are distributed. Typically, the deceased's assets will go to the next of kin, which may include siblings, parents, or other relatives, depending on the state's intestacy laws. In Ohio, for instance, if there are no surviving parents or children, the estate would generally be divided among siblings.

Who inherits if there is no will?

Who inherits when there is no will in the USA?

In the USA, when someone dies without a will, state intestacy laws govern the distribution of their assets. Generally, the estate passes to the closest relatives, starting with spouses and children, then parents, siblings, and so on. Each state has its own rules about the order of inheritance, so it's important to consult the specific laws in the relevant state.

How to prove you are next of kin?

To prove you are next of kin, you may need to provide documentation such as birth certificates, marriage certificates, or other legal documents that establish your relationship to the deceased. In some cases, a court may require you to submit an affidavit or other evidence to confirm your status as next of kin, especially during the probate process.

What happens when a brother dies without a will?

When a brother dies without a will, his estate will be distributed according to state intestacy laws. This means that his assets will be divided among his closest relatives, such as siblings or parents. The process may involve filing a petition with the court to appoint an administrator for the estate and to oversee the distribution of assets.

Can siblings be left out of the will?

Yes, siblings can be left out of a will. A testator has the right to decide how to distribute their assets and may choose to exclude certain family members. However, if there is no will, siblings typically inherit under state intestacy laws. If you believe you were unfairly excluded from a will, you may have grounds to contest it in court.

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