What Happens If You Die Without a Will in Ohio?
Without a will in Ohio, a surviving spouse takes the entire estateORC § 2105.06Verified Sep 11, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per capita with representationORC § 2105.06Verified Sep 11, 2026View source.
Ohio intestacy law decides. Ohio follows separate property rulesORC § 2105.06Verified Sep 11, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Siblings and their descendants; Grandparents; Grandparents' descendants; Next of kin; Stepchildren; The stateORC § 2105.06Verified Sep 11, 2026View source.
The surviving spouse's share in Ohio depends on the family. With no children: Entire estateORC § 2105.06Verified Sep 11, 2026View source. With shared children: Entire estate (all children are also children of surviving spouse)ORC § 2105.06Verified Sep 11, 2026View source. When a child from a prior relationship survives: One child not of spouse: $20,000 + 1/2. Two+ children, spouse is parent of some: $60,000 + 1/3. Two+ children, spouse is parent of none: $20,000 + 1/3ORC § 2105.06Verified Sep 11, 2026View source.
Ohio divides per capita with representationORC § 2105.06Verified Sep 11, 2026View source: shares are set at the nearest generation with a surviving heir, heirs of equal degree take equal shares, and a deceased heir's share passes to that heir's own descendants. Per stirpes: a deceased child's share passes to that child's lineal descendants, and where every surviving descendant stands in the same degree of relationship to the decedent they take in equal parts.
Ohio requires an heir to survive the decedent by 120 hoursORC § 2105.32Verified Sep 11, 2026View source to inherit; an heir who dies within that period is treated as having died first, and the share passes to the next eligible heir.
Under Ohio intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A stepchild can inherit in Ohio: if there are no next of kin, the estate passes to stepchildren or their lineal descendants, per stirpes, ahead of escheat to the stateORC § 2105.06(J)Verified Sep 11, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Ohio will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
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Divorce
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Learn moreForms for Planning and Settling an Estate in Ohio
Free Ohio forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Ohio, the petition asks the Probate Court to appoint the personal representative, whose authority is proved by Letters of Authority; every appointment goes through the courtORC §§ 2107.18, 2113.05 (probate court admits the will and issues letters; no registrar/clerk track)Verified Sep 8, 2026View source.
Notice to Creditors
In Ohio, creditors have 6 monthsORC § 2117.06 (eff. 4-3-2023, SB 202, 134th GA)Verified Sep 8, 2026View source from the date of death to present claims.
Renunciation of Executor
In Ohio, a person named as executor may refuse the appointmentOhio Rev. Code 2113.12Verified Sep 23, 2026View source before anyone is appointed.
Affidavit of Heirship
In Ohio, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areR.C. 5301.252; R.C. 2106.18 and 4505.10 (BMV 3773); R.C. 2123.01Verified Sep 24, 2026View source; once recorded it is admissible as evidence of the facts stated.
Estate Inventory
In Ohio, the personal representative files the estate inventory within 90 daysR.C. §§ 2115.02, 2115.06, 2113.69Verified Sep 15, 2026View source of appointment.
Estate Closing
In Ohio, the personal representative is discharged by court orderR.C. §§ 2109.32(A), 2109.32(C)Verified Sep 15, 2026View source, and a final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Ohio, a will is signed before 2ORC § 2107.03Verified Oct 19, 2026View source witnesses, and no self-proving affidavit is availableORC § 2107.03Verified Oct 19, 2026View source.
Tools for Planning and Settling an Estate in Ohio
Free calculators and checklists for planning or settling an estate in Ohio: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Ohio costs an estimated $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source. Attorney fees run 1.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Ohio allows you to name your own agent in advanceOhio Rev. Code § 2108.70Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Ohio levies no estate or inheritance taxNo state estate or inheritance tax; estate tax repealed for deaths on/after Jan 1, 2013 (Ohio Rev. Code § 5731.02 levies only on persons "dying on or after July 1, 1968, and before January 1, 2013")Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Ohio imposes no inheritance or estate taxNo state estate or inheritance tax; estate tax repealed for deaths on/after Jan 1, 2013 (Ohio Rev. Code § 5731.02 levies only on persons "dying on or after July 1, 1968, and before January 1, 2013")Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Ohio take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesR.C. § 5747.02 (rate schedule)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Ohio costs an estimated $26,234ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees of typically 1.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source to 2.8%ORC § 2113.36 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source of the estate. Estates under $35,000codes.ohio.gov: ORC § 2113.03Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Ohio sets executor compensation by statute — about $15,000 on a $500,000 estate, roughly 3.0%ORC § 2113.35Verified Sep 8, 2026View source.
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Ohio Estate Planning Resources
In-depth guides covering Ohio probate laws, trust requirements, and estate planning strategies.