Intestate Succession in Ohio
State-specific overview · Estate & Probate
Ohio grants the surviving spouse the entire estate if no descendants exist, otherwise limits the spouse's share.
How Ohio treats Intestate Succession
If the deceased leaves a spouse and children, the spouse receives one-third of the personal property and a life estate in one-third of the real property, with children inheriting the remainder. If only a spouse survives with no descendants, the spouse takes everything. Ohio's approach prioritizes the surviving spouse's security while ensuring children receive a meaningful inheritance when they exist. The state uses a life estate mechanism similar to North Carolina's system.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Ohio.