What happens when someone

dies without a Will?

Intestate succession is basically what happens when someone passes away without a valid Will or some other legal declaration. A court distributes property according to current state laws rather than using the decedent's plan - without any input from those closest to him or her.

When someone passes away without a valid will, it is known as dying "intestate."  Intestate succession is the legal process that governs what happens in this circumstance. In essence, the state steps in to make decisions on asset distribution based on established laws and rules. It's essential to note that intestate succession laws vary from state to state.

Who Inherits in Intestate Succession?

Surviving Spouse: In most states, a surviving spouse typically receives a significant portion, if not all, of the deceased's assets.

Children and Descendants: If there is no surviving spouse, assets are often divided among the deceased's children or descendants. The division depends on state-specific laws and can become more complex with multiple generations.

In Ohio, if there is a surviving spouse and children, and all children are the natural born or adopted children of both the spouse and the deceased, the spouse still typically receives 100%. However, if the deceased is survived by a spouse and more than one child, and the spouse is the natural or adopted parent of at least one but not all of the children, the spouse typically inherits the first $60,000 of the estate plus one-third of the remaining balance. The children receive the remainder split equally.   If the deceased is survived by a spouse and more than one child, and the spouse is not the natural or adopted parent of any of the children, the spouse typically inherits the first $20,000 of the estate plus one-third of the remaining balance. The children receive the remainder split equally.  Finally, if the deceased is survived by only one child and a spouse, and the spouse is not the natural or adopted parent of the child, the spouse typically inherits the first $20,000 of the estate plus one-half of the remaining balance. The child will inherit the other half.

Parents and Siblings: In cases where there are no surviving spouses, children, or descendants, intestate succession laws may allocate assets to parents or siblings. In Ohio, the parents would be first in line and would receive 100% if there are no surviving spouses, children, or descendants. If there are no surviving spouses, children, descendants, or parents, siblings will typically receive equal shares of the estate.

Extended Family and Relatives: If no immediate family members exist, more distant relatives may inherit assets based on the state's intestate succession hierarchy.

The Role of State Laws

Each state has its own set of laws that dictate how assets are distributed in cases of intestacy. These laws establish a predetermined order of priority for potential heirs. It's crucial to understand that without a will, the state's default laws will govern the distribution of your assets, regardless of your personal wishes or intentions.

Considerations and Limitations

Property Outside of Probate: Intestate succession generally applies to assets that would typically go through probate. Assets with designated beneficiaries or held in joint tenancy may pass directly to the designated individuals and are not subject to intestate laws.

Common Law Marriage: In some states, common-law spouses may have rights to inherit from an intestate estate, even if they were not legally married.  Ohio does not recognize common law marriages that are entered into within the state. However, Ohio may recognize common law marriages that were legally established in other states where such marriages are valid.

Children from Previous Marriages: Intestate laws can create complexities when there are children from previous marriages or relationships, potentially leading to disputes among heirs.

Learning about Intestate succession helps teach the most valuable lesson we can share about Estate Planning - everyone, regarless of age or wealth, should have an Estate Plan to ensure that his or her wishes are carried out when they pass away.