What if I Pass Away Without a Will?
If you pass away without a will, your wealth and assets will be distributed by a probate court based on Ohio law. The word intestate refers to someone who passes away without a will. Passing away intestate will likely result in extended time, delay, and cost to your family and your assets.
Upon your death, the probate court will appoint an administrator to resolve the financial affairs of your estate. Usually, the administrator will be a spouse or the next of kin residing in Ohio. If there is not a member of your family who is still an Ohio resident, then the court could appoint a stranger whom you’ve never met.
The administrator will collect and distribute assets according to Ohio law. Creditors have six months to file claims. If the claims are valid, then they are paid before the heirs along with administrator fees, taxes and expenses. Whatever is left will go to family members based on Ohio’s statute of descent and distribution.
Ohio’s statute of descent and distribution entitles family members to your estate based on who is survived and how much of the estate remains. This could result in your desires being met if they line up perfectly with the statute. However, getting to this point can be expensive due to the administrative costs of dying without a will.
A simple will can prevent the fears, questions, and confusion that could result with dying intestate. In addition to determining who obtains what upon your death, your will can name guardians for your children in the event of your passing. While it is perfectly legal to pass away without making a will, it is imperative to ensure that your legacy is protected as a parent and as a family member.