Dying without a will is called dying intestate. In Ohio, your property does not simply pass to your spouse or children automatically in the way you might expect. Instead, the probate court applies Ohio's intestacy laws to determine who receives your assets and who has authority to settle your affairs.
Ohio decides who inherits
Under Ohio Revised Code, your closest living relatives inherit according to a fixed order. If you are married with children, your spouse and children may share your estate — but not always in the proportions families assume. If you have no spouse or descendants, your parents, siblings, or more distant relatives may inherit instead.
Without a will, you cannot leave assets to an unmarried partner, a stepchild you raised, a close friend, a charity, or anyone else who is not recognized under the intestacy statute. Property you intended for one person may legally pass to someone else entirely.
The probate court takes control
An estate without a will still goes through probate. The court appoints an administrator — the intestate equivalent of an executor — to gather assets, pay debts, and distribute property. Family members may disagree over who should serve, which can delay the process and increase costs.
Common complications include:
- Delays while the court identifies heirs and appoints an administrator
- Higher legal and court fees than a well-prepared estate plan
- Family disputes over who should inherit or manage the estate
- No clear instructions for funeral wishes or personal belongings
- Court involvement in guardianship decisions for minor children
Minor children and guardianship
A will allows you to name a guardian for your minor children. Without one, a judge decides who will raise them based on the child's best interests — which may not match your wishes. The court may also oversee how money left to minors is managed, often through a guardianship that adds expense and oversight.
Not all assets avoid a will
Some assets pass outside probate regardless of whether you have a will — such as life insurance with a named beneficiary, retirement accounts with designated beneficiaries, and property held jointly with rights of survivorship. However, most individually owned real estate, bank accounts, vehicles, and personal property still require probate when there is no will and no other transfer mechanism in place.
A will gives you control
A properly drafted Ohio will lets you choose who inherits, name an executor you trust, appoint guardians for children, and express your wishes clearly. For many families, a will combined with powers of attorney and healthcare directives forms the foundation of a solid estate plan.
Every situation is different. Greg Sauer can review your family structure, assets, and goals and explain what would happen under current Ohio law — and what steps would better protect the people you care about.
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