Topic guideUpdated 2026-02-27
Ohio Probate Without a Will (Intestacy)
How intestate succession works in Ohio — who inherits, in what order, and how administration differs without a will.
Ohio's intestacy hierarchy §2105.06; §2105.32
If there is a surviving spouse
- Spouse inherits the entire estate if no surviving children or their descendants
- Spouse receives entire estate if the deceased has surviving parents but no children
- Spouse receives entire estate if the surviving spouse is the natural or adoptive parent of all the decedent's children; if children are also from a prior relationship, first $20,000 plus one-half of the balance (one child not of the surviving spouse) or first $60,000 plus one-third of the balance (two or more children where the spouse is the parent of one but not all) if there are surviving children who are also children of the surviving spouse
- Spouse receives first $20,000 plus one-half of the remainder (one child not of surviving spouse) or first $20,000 plus one-third of the remainder (two or more children not of surviving spouse) if there are surviving children who are not children of the surviving spouse
💡An heir must survive the decedent by at least 120 hours (5 days) under § 2105.32, established by clear and convincing evidence; the requirement does not apply in the situations listed in § 2105.36, and it is not applied if doing so would result in a taking of the intestate estate by the state to inherit under Ohio law.
If there is no surviving spouse
- Children (and their descendants by representation) share equally
- If no children: parents inherit equally
- If no parents: siblings (and their descendants) share equally
- Grandparents or their descendants, split by paternal and maternal lines
Administrator appointment §2113.06
Without a will naming an Executor, the court appoints an administrator. Ohio law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.
💡Unlike an executor named in a will, an administrator may be required to post a bond §2109.04 — a type of insurance policy that protects the estate if the administrator mismanages assets.
Key differences from having a will
- No ability to choose who receives specific items or property
- No ability to name who should serve as Personal representative
- No ability to disinherit a statutory heir (intestacy follows a fixed formula)
- No ability to designate a guardian for minor children
- Distribution may not reflect the deceased person's actual wishes
⚠If the estate involves minor children, a surviving spouse with children from another relationship, or significant assets, legal guidance is strongly recommended. Intestacy rules can produce results that surprise families.
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Death certificate
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(if any)
Basic asset list
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Related guides
Legal authoritiesStatutes referenced on this page
Ohio Rev. Code § 2105.06; 2105.32
Spouse's intestate share
Defines what a surviving spouse inherits when there is no will.
- Spouse gets entire estate if no surviving children or their descendants
- With children of both: entire estate if the surviving spouse is the natural or adoptive parent of all the decedent's children; if children are also from a prior relationship, first $20,000 plus one-half of the balance (one child not of the surviving spouse) or first $60,000 plus one-third of the balance (two or more children where the spouse is the parent of one but not all)
- With step-children: first $20,000 plus one-half of the remainder (one child not of surviving spouse) or first $20,000 plus one-third of the remainder (two or more children not of surviving spouse)
- Survival requirement: 120 hours (5 days) under § 2105.32, established by clear and convincing evidence; the requirement does not apply in the situations listed in § 2105.36, and it is not applied if doing so would result in a taking of the intestate estate by the state
Verified 2026-09-23 · quarterly review
Ohio Rev. Code § 2113.06
Administrator appointment
Without a will naming an executor, the court appoints an administrator from a statutory priority list.
Verified 2026-09-24 · quarterly review
Ohio Rev. Code § 2109.04
Bond requirement
An administrator may be required to post a bond to protect the estate from mismanagement.
Verified 2026-09-24 · quarterly review
Read with Ohio Rev. Code § 2105.06: Ohio Rev. Code § 2105.32 ↗
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