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Feb 18, 2022 · Photo: Cody Ellis / Flickr. When an Ohio resident dies without having made a Last Will and Testament, the intestacy succession laws found in Title 21 of the Ohio Revised Code will dictate who inherits the deceased person's probate estate. Below is a summary of the Ohio intestacy succession laws in various situations.
- Julie Garber
The Rights of a Surviving Spouse in Ohio. If a person dies leaving a surviving spouse without any minor children, a surviving spouse and minor children, or minor children and no surviving spouse, these parties are entitled to receive $40,000 as an allowance for support. If the person died leaving a surviving spouse and no minor children, all of ...
May 22, 2015 · When appointing an administrator of the estate, Ohio law requires that the court ordinarily appoint the surviving spouse of the decedent, of if none, or if the spouse declines, the court will appoint one of the next of kin of the decedent. The administrator must be an Ohio resident. If there is no surviving spouse or next of kin resident of the ...
Sep 13, 2016 · In Ohio, the estates of people who die without a Will are governed by R.C. 2105.06, the Ohio Revised Code section that spells out Ohio’s laws of intestacy – the laws that apply when someone dies without a Will. The intent behind the law is for property to be distributed logically, in a way the legislature believed most people would want ...
Apr 11, 2017 · If the surviving spouse has minor children by the decedent, or the decedent dies leaving minor children but no spouse, the surviving spouse or children are also entitled to the first $40,000 of the probate estate for support purposes. This right, known as " spousal allowance," is in addition to other inheritance rights they may have.
Jul 23, 2020 · If there is no spouse and no children, the deceased's parents will inherit. More distant relatives—aunts, nephews, cousins of any degree, etc.—are next in line if the deceased had no spouse, children, or parents. If the court cannot locate any living relatives, the state of Ohio will inherit the entire estate.
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Jan 11, 2024 · Your surviving spouse inherits all of your intestate property. (Ohio Rev. Code § 2105.06 (2024).) If you die with one child (or descendants of that child) from you and someone other than your surviving spouse. Your surviving spouse inherits the first $20,000 of your intestate property, plus 1/2 of the balance.
