Ohio Inheritance Laws: An Overview

What You Need to Know About Inheritance Laws in Ohio

Inheritance can be an important topic for property owners. Here’s everything you need to know about inheritance laws in Ohio.

In Ohio, inheritance depends on if the owner dies with or without a will. Ohio courts prioritize a property owner’s surviving spouse and children when dividing an estate.

The Basics of Inheritance in Ohio

Inheritance refers to the reallocation of an individual’s property or assets after the individual’s death. Ohio law defines inheritance as “any change of title to real property because of the death of the owner of that real property, regardless of whether the owner died testate or intestate.” In Ohio, inheritance depends on whether or not the property owner left behind a will. “Testate” references an individual who died with a will, while “intestate” references those who died without a will. Ohio courts honor the personal wishes outlined in a valid will if the owner died testate. For owners who died intestate, Ohio’s inheritance laws help ensure the owner’s property will transfer to their family members.

Requirements for a Valid Will in Ohio

Ohio property owners should create a will if they want specific people to inherit their property.

A legally valid will in Ohio must:

Be typed or handwritten
Be signed by the property owner in the presence of at least two witnesses
Name the estate’s heirs
Name the estate’s executor, or the individual responsible for distributing the estate and managing the estate’s finances
Spousal Inheritance Laws in Ohio

A surviving spouse’s estate inheritance depends on their status as a legal parent to any of the property owner’s children.

The surviving spouse of a property owner who dies intestate will receive:

100% of the estate if they are the legal parent of all the property owner’s children
$20,000 of the estate, plus ⅓ of the estate’s balance if they aren’t the legal parent to any of the property owner’s children
$60,000 of the estate, plus ⅓ of the estate’s balance if they are the legal parent to at least one of the property owner’s children
$20,000 of the estate, plus the leftover balance of the estate if they are the legal parent to only one of the property owner’s children

Inheritance Rights of Children in Ohio

An unmarried property owner’s children will receive an equal distribution of the estate. The children don’t receive any share of the estate if the property owner’s surviving spouse is the children’s legal parent. Legally adopted children receive the same amount of shares as biological children. However, a child-in-law doesn’t receive an intestate inheritance because they are not blood-related with the property owner.

Extended Family Inheritance Laws in Ohio

Ohio courts prioritize a property owner’s spouse and children when determining inheritance. If the property owner who died intestate had no spouse or children, Ohio courts would divide the estate between the property owner’s extended family.

Ohio inheritance laws conduct estate division in the following way:

Parents receive 100% of the estate if the property owner has no living spouse or children
Siblings receive an equal share of the estate if the property owner has no living spouse, children, and parents.
Paternal/maternal grandparents receive an equal share of the estate if the property owner has no living spouse, children, parents, or siblings.
Paternal/maternal aunts and uncles receive an equal share of the estate if the property owner has no living spouse, children, parents, siblings, and grandparents.
Cousins receive an equal share of the estate if the property owner has no living spouse, children, parents, siblings, grandparents, and paternal/maternal aunts and uncles.
Stepchildren receive an equal share of the estate if the property owner has no living relatives.
Children of stepchildren receive an equal share of the estate if the property owner has no living stepchildren.
Ohio seizes control of the entire estate if the property owner has no valid heirs.

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Ohio Inheritance Laws: An Overview