What Happens If You Die Without a Will in Ohio

TL;DR:

If you die without a will in Ohio, the state’s intestate succession laws decide who inherits your assets, not you. The probate court is charged with supervising the legal process to make sure the financial affairs of people who die are lawfully resolved, and assets are left to the people legally entitled to receive them. This process can take months, cost thousands, and often leaves families stressed and divided. Creating an estate plan now can avoid the probate process down the road and ensure your wishes are honored.

What Happens If You Die Without a Will in Ohio

Most people assume their family will automatically inherit everything if something happens to them. But in Ohio, dying without a will means that state law makes those decisions for you, and the results can sometimes be unexpected.

What Does “Dying Intestate” Mean in Ohio?

When someone dies without a will, they are considered “intestate” under Ohio law. That means that the State of Ohio’s intestate succession laws govern who receives your property and assets, even if that doesn’t match your wishes.  The statutes distribute assets based on various factors, such as if the decedent has a surviving spouse and children, child descendants from a previous marriage, or if there is no surviving spouse and/or descendants.  This automatic formula doesn’t consider emotional ties, fairness, or blended family dynamics.

What Does Probate Actually Cost in Ohio?

Without an estate plan, your family must go through probate court to distribute assets and settle debts. In Ohio, that process typically lasts 6 months to 2 years, depending on the estate’s size and disputes.

Probate in Ohio typically costs between 3% and 7% of the total estate value, with average attorney fees ranging from $3,000 to $8,000. Costs include court filing fees, executor fees (1%–4% of assets), and potential appraisal fees. A $300,000 estate can incur $9,000–$21,000 in total administrative expenses. That’s money that could have gone to your family.

How Does Probate Affect Families?

Probate isn’t just costly. It’s emotionally draining. While the process plays out, loved ones often can’t access joint accounts or sell property, face long waits to pay taxes or debts, and disagree over who should manage the estate. And because probate is a public court record, your family’s finances and conflicts can become part of the public file.

How Can You Prevent This?

The solution is simple but powerful: an intentional estate plan. At SS+D Law in Dayton, our partner-led approach ensures every plan names clear beneficiaries and avoids the state’s default formula, uses trusts to bypass probate so assets transfer privately and efficiently, and includes financial and health care directives so important decisions stay with the people you trust.  All clients receive a comprehensive binder with all their estate plan documents, which is a complete roadmap for what happens next, giving loved ones clarity instead of confusion.

What’s the Bottom Line?

When you die without an estate plan, your family doesn’t just lose money. They lose control. Probate turns personal decisions into public proceedings. By creating a thoughtful estate plan now, you ensure your family keeps what you worked for and that your wishes, not Ohio’s default formula, guide the process.

Ready to put your plan in place?

Schedule a free consultation with SS+D Law’s estate planning team in Dayton to see how your current plan stacks up.