When someone dies without a Last Will & Testament, they are legally deemed intestate. Intestacy in Ohio is governed by ORC § 2105.06, and that law determines who receives your probate estate if you die without a will. For example, if you are survived by your spouse and all of your children are also children of your surviving spouse, Ohio law says your estate will be distributed entirely to your surviving spouse. That is consistent with most clients' wishes. If you pass without a surviving spouse, but with children or other descendants, that same Ohio law directs how your assets are to be distributed. Having a will allows you to identify who should inherit from you.  

Here is a straightforward example of intestacy:

Graham Family Estate

• Jenna Graham dies without a will, without a surviving spouse, and with $600,000 in her probate estate

• Jenna has 3 children: Abby, Brian, and Callie, each of whom have 2 of their own children

• Abby predeceases her mother

• Per Stirpes Distribution Result:

  • The $600,000 gets divided equally among each of the 3 children

  • Brian and Callie would each receive $200,000

  • Abby’s two children (Jenna’s grandchildren) would receive an equal division of their mother’s $200,000 share per stirpes ($100,000 each). Per stirpes, translated literally, means "by the roots." Under this approach, each branch of a family tree receives equal distributions from the decedent's estate.

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Intestacy is, of course, more complex in cases of blended families, resulting in a division of assets between the current spouse and the decedent's children. The primary issue with dying intestate is that your estate administration may not reflect your ultimate wishes, as the probate courts must follow standard state intestacy laws. To prevent any discrepancies in the administration of your estate, work with trusted counsel to create an estate plan catered to your specific needs. Set up a consultation with KH Reed Law today and let us help you prepare for the future.