Family & Estate · Intestate Succession
Intestate Succession in Ohio
Who inherits, and how much, when a person dies without a will in Ohio, broken down by family situation, cited to the statute.
Who inherits in Ohio, by scenario
The share for the surviving spouse and everyone else, for each common family situation.
| Who survives | Surviving spouse gets | Everyone else gets |
|---|---|---|
| Spouse and children, all shared | The entire estate | The children inherit through the surviving spouse; nothing passes to them directly now. Under §2105.06, if every child of the decedent is also a child of the surviving spouse, the whole estate goes to the spouse. |
| Spouse and one child from another relationship | The first $20,000, plus one-half of the balance of the estate | The child, or the child’s lineal descendants, take the remainder. |
| Spouse and two or more children, at least one shared | The first $60,000, plus one-third of the balance of the estate | The children split the remainder equally, with a deceased child’s share passing to that child’s descendants per stirpes. The $60,000 preference applies when the spouse is the parent of one, but not all, of the children. |
| Spouse and two or more children, none shared | The first $20,000, plus one-third of the balance of the estate | The children split the remainder equally, or their descendants take per stirpes. |
| Spouse only (no children) | The entire estate | The decedent’s parents inherit nothing while a spouse survives. |
| Children only (no spouse) | Nothing (no spouse) | The children take the entire estate equally, with a deceased child’s share passing to that child’s descendants per stirpes. |
| No spouse or descendants | Nothing | With no spouse or descendant, the estate passes under §2105.06 in order to the decedent’s parents equally, then to brothers and sisters or their lineal descendants per stirpes, then to grandparents and their lineal descendants, then to the next of kin. If no relative can be found, the estate escheats to the State of Ohio. |
| How it is administered | Probate | The estate is administered in probate court under these rules unless it qualifies to be released from administration or for a summary small-estate procedure. A valid will overrides all of it. |
| Statute | Ohio Rev. Code §2105.06 | The controlling statute. Read the full text through the source link below. |
Next steps
Concrete, neutral steps if you are dealing with an estate that has no will in Ohio. This is legal information, not legal advice.
- Check whether every child is shared
This is the fact that decides most Ohio estates. If all of the decedent’s children are also the surviving spouse’s, the spouse takes everything. If even one child is from another relationship, the $20,000 or $60,000 preference and a fractional split apply instead.
- Apply the right preferential amount
When a child is not the spouse’s, the spouse takes the first $20,000 off the top with one child, or the first $60,000 if the spouse is the parent of at least one of several children, plus one-half or one-third of the balance. These dollar figures are fixed in §2105.06 and do not adjust for inflation.
- Write a will if this is not your plan
Intestacy is only the default, and it can move a large share away from a surviving spouse in a blended family. A valid Ohio will replaces these rules entirely and is the clearest way to control who inherits.
- Get Ohio probate help
The Ohio State Bar Association and your county probate court explain administration and the small-estate options. For a blended family or a larger estate, a probate attorney can confirm the shares and handle the filing.
To settle an estate with no will, or to plan your own, start with the probate court or a legal-aid resource. This link explains the process.
→ Ohio State Bar Association (Probate)This is general legal information, not legal advice. Adoptions, half-relatives, and a prior will can change who inherits, so confirm your situation before relying on the default shares.
What people get wrong in Ohio
Ohio is one of the few states where a surviving spouse can still take the entire estate even when the decedent had children, but only if every child is also the spouse’s. Under Ohio Revised Code §2105.06, if all of the decedent’s surviving children are children of the surviving spouse, the whole estate passes to the spouse. The picture changes the moment a child comes from another relationship. With one such child, the spouse takes the first $20,000 plus one-half of what is left, and the child takes the rest. With two or more children where the spouse is the parent of at least one of them, the spouse takes the first $60,000 plus one-third of the balance. If the spouse is the parent of none of the children, the preference drops to the first $20,000 plus one-third. Those dollar amounts are fixed in the statute and do not rise with inflation, so a modest estate can pass almost entirely to the spouse while a larger one is split. A spouse with no children takes everything, and a valid will overrides all of these defaults.
Common questions
Who inherits if you die without a will in Ohio?
The surviving spouse takes the entire estate if all children are shared, or if there are no children. If a child is from another relationship, the spouse takes the first $20,000 or $60,000 plus a one-half or one-third share, and the children take the rest. Children with no spouse take everything equally.
Does a spouse get everything in Ohio with no will?
Yes, when every child of the decedent is also the surviving spouse’s child, or when there are no children at all. Under §2105.06, an outside child changes that: the spouse then takes a preferential dollar amount plus a fractional share, and the child takes the remainder.
What is the $20,000 or $60,000 spousal share in Ohio?
When a child is not the surviving spouse’s, Ohio gives the spouse a set amount off the top before the rest is split. It is the first $20,000 with a single outside child, and the first $60,000 when the spouse is the parent of at least one of several children, plus one-third or one-half of the balance.
Do children from a first marriage inherit in Ohio?
Yes. A child of the decedent from any relationship inherits under intestacy. Their presence also triggers the preferential-amount rules in §2105.06, which reduce the surviving spouse’s share from the whole estate to a set dollar amount plus a fraction of the balance.
What if there are no relatives in Ohio?
The estate passes in order to parents, then brothers and sisters or their descendants, then grandparents and their descendants, then the next of kin. If no relative can be located, the estate escheats to the State of Ohio. A will avoids that outcome.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.