In Ohio the court looks at your estate after you pass away as either testate or intestate. Testate means that you passed away having a valid will. Intestate on the other hand, means that you had no will.
In a situation when there is no will, not only is the probate process longer and more costly, but it is also fully controlled by the laws of the state.
In Ohio, O.R.C. 2105.06 dictates the following succession order for those that left an estate and died without a will, to:
- Spouse; then
- Children; then
- Parents or surviving parent; then
- Whole or half blood brothers and sisters or their lineal descendants, per stirpes; then
- One half to paternal grandparents and one half to maternal grandparents, or survivor of them; then
- Any possible next of kin; then
- Stepchildren or their lineal descendants; then
- Escheat to the state.
Many people have their own ideas as to how they wish to have their estate divided; therefore, having a valid will in place is a crucial step in the process to avoid having the state make the decisions for you.
At Sobon Law LLC, we can help you ensure that your estate will be distributed according to your wishes, by helping you get your estate plan in order. Call or text us to schedule a consultation! 216-586-4246.