MyStateWill.com

THIS VERSION OF THIS SITE IS BEING REPLACED: KEEP CHECKING BACK

*SAVING OR USING THIS SITE OFFLINE VIOLATES THE OWNER'S COPYRIGHT

 

Ohio Intestacy Laws
These are selections from the Ohio intestate succession statutes.  (Title XXI: Courts - Probate – Juvenile, Chapter 2105: Descent and Distribution
)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


2105.03. Determination of next of kin.
In the determination of intestate succession, next of kin shall be determined by degrees of relationship computed by the rules of civil law.

2105.06. Statute of descent and distribution.
When a person dies intestate having title or right to any personal property, or to any real estate or inheritance, in this state, the personal property shall be distributed, and the real estate or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course:

(A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes;

(B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse;

(C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes;

(D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes;

(E) If there are no children or their lineal descendants, then the whole to the surviving spouse;

(F) If there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent;

 

(G) If there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes;

(H) If there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them;

(I) If there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among such next of kin;

(J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes;

(K) If there are no stepchildren or their lineal descendants, escheat to the state.

2105.07. Escheat of personal estate.
When, under Chapter 2105. of the Revised Code, personal property escheats to the state, the prosecuting attorney of the county in which letters of administration are granted upon such estate shall collect and pay it over to the county treasurer. Such estate shall be applied exclusively to the support of the common schools of the county in which collected.

2105.09. Disposition of escheated lands.
(A) The county auditor, unless he acts pursuant to division (C) of this section, shall take possession of real property escheated to the state that is located in his county and outside the incorporated area of a city. The auditor shall take possession in the name of the state and sell the property at public auction, at the county seat of the county, to the highest bidder, after having given thirty days' notice of the intended sale in a newspaper published within the county.



CLICK HERE AND OPEN THE NEW SITE TO CONTINUE READING THE LAWS


  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Ohio intestate succession statutes may be found in full by selecting this link.  (Title XXI: Courts - Probate – Juvenile, Chapter 2105: Descent and Distribution)


Legal Programs

Intestacy Calculators™

Per Stirpes Calculator™

Per Capita Calculator™

Estate Tax Calculator

State Law Summaries

 

Facts and Charts

Degrees of Kinship

Intestacy Law Facts

Family Member Shares

Blended Family Shares

 

Popular Articles

The deceased's debts

Dividing real estate

Who can contest a will

Credit shelter trusts

Who gets the house

Which laws apply

Notarizing wills

All Articles

 

Copyright © Kurt R. Nilson   |   Terms of Use   |  Privacy Policy