What Happens If You Die Without a Will in Ohio?

Why Every Adult Needs an Estate Plan, Even If You Think You Don’t

No one likes to think about their own passing, but failing to plan can leave your loved ones with stress, confusion, and costly legal battles. In Ohio, if you die without a will, a situation known as dying “intestate,” the state decides who inherits your assets, who cares for your children, and how your affairs are handled. The problem? The state’s plan might not match your wishes.

Who Gets What When There is No Will?

Under Ohio law, the probate court uses a fixed formula to distribute your estate:

• If you’re married with no children, your spouse inherits everything.
• If you’re married with children from that marriage, your spouse still inherits everything.
• If you have children from another relationship, your estate may be split between your spouse and those children.
• If you’re single with children, your children inherit equally.
• If you’re single with no children, your estate goes to your parents, siblings, or other relatives in a specific order.

This means people you care about, like a long-term partner, stepchildren, or close friends, may receive nothing.

Who Will Care for Your Children?

Without a will, the court decides who will be the guardian of your minor children. While judges try to make the best decision, they’re working with limited information. A will allows you to choose someone you trust to raise your children in line with your values.

What About Your Business or Pets?

Ohio intestacy laws don’t account for the complexity of small business ownership or pets. Without guidance, your business could be sold or dissolved, and pets could end up in shelters or with someone you wouldn’t have chosen.

What Does Probate Look Like?

When there’s no will, the probate process can take longer and become more expensive. Family members may have to go to court to be appointed as administrators and to determine how to divide your estate.

Why Create a Will Now?

Creating a will and an overall estate plan gives you control. It allows you to:

• Choose who inherits what
• Name guardians for your children
• Make special provisions for pets, businesses, or charitable gifts
• Reduce the burden on your loved ones

Get Peace of Mind Today

At MacLaren Law, we make the estate planning process simple, respectful, and tailored to your needs. Whether you’re just getting started or updating a plan, we’ll help you take the right steps so you can protect what matters most to you. Get in touch.