Warren County Genealogical Society Warren County, Ohio Chapter of Ohio Genealogical Society Estate Distribution Process
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This page contains information about the Probate records of Warren County, Ohio that the Warren County Genealogical Society has in their library. If you are searching for Probate Records, please contact our research department and we will assist you in finding this record.

Estate Distribution Process

Ohio Code

Estate Settlement Has a Surviving Spouse

Estate Settlement Has No Surviving Spouse

Estate Distribution Process

From Ohio Revised Code 2105.06 Statue of Decent & Distribution

http://codes.ohio.gov/orc/2105.06

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.

Effective Date: 03-22-2001

Although the Ohio Revised Code specifies over 200 duties belonging to the probate courts, the most common areas of authority are:

§          Adoption: Ohio Revised Code Chapter 3107

§          Change of Name

§          Estates

o         Intestate (Without a Will) - Ohio Revised Code § 2105.06 is the Statute of Descent and Distribution, which specifies who will inherit when there is no will.

o         Basic Procedures for Administration of Estates (Testate or Intestate)

§          Appointment of Executor or Administrator: Ohio Revised Code Chapter 2113

§          Inventory: Ohio Revised Code Chapter 2115

§          Claims Against the Estate: Ohio Revised Code Chapter 2117

§          Release from Administration: Ohio Revised Code § 2113.03

§          Guardianships and Conservatorships: Ohio Revised Code Chapter 2111

o         Appointment of Guardian, Ohio Revised Code § 2111.02

o         Guardian of Minor, Ohio Revised Code § 2111.12

§          Marriages: Ohio Revised Code Chapter 3101

§          Wills: Ohio Revised Code Chapter 2107

OHIO STATE BAR ASSOCIATION - Online Pamphlets

·          Administering an Estate without a Will  http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=1

·          Guardianships  http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=10

·          Probate  http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=17

·          Wills  http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=19

·          New Property Deed Avoids Probate  http://www.ohiobar.org/pub/lycu/index.asp?articleid=191

·          Ohio Court’s  http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=5

·          Financial Powers of Attorney  http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=33

The Law & You 13^th Edition (free download)  http://www.ohiobar.org/pub/?articleid=276

Chapter 9 – Probate Law  http://downloads.ohiobar.org/conres/lawandyou/Law_and_You_09.pdf

Estate Settlement - Has a Surviving Spouse

When a person dies without a will, the estate passes in the following manner.  This chart is for an individual who has a surviving spouse. 

Notes

1. Brothers and sisters include both whole and half blood
2. If none of the children of the intestate have died leaving children or their lineal descendants, the estate shall descend to the children of the intestate, living at the time of his death, in equal proportions. 
3. When all the descendants of an intestate, in a direct line of the descent, are on an equal degree of consanguinity to the intestate, the estate shall pass to such persons in equal parts, however remote from the intestate such equal and common degree of consanguinity may be.
4. If some of the children of an intestate are living and others are dead, the estate shall descend to the children who are living and to the lineal descendants of such children as are dead, so that each child who is living will inherit the share to which he would have been entitled if all the children of the intestate were living, and the lineal descendants of the deceased children will inherit equal parts of that portion of the estate to which such deceased child would be entitled if he / she were living.  This rule applies in all cases in which the descendants of the intestate, not more remote than lineal descendants of grandparents, entitled to share in the estate, are of unequal degree of consanguinity to the intestate, so that those who are of the nearest degree of consanguinity will take the share to which they would have been entitled had all the descendants in the same degree of consanguinity with them who died leaving issue, been living.
5. Descendants of an intestate begotten before his death, but born thereafter, in all cases will inherit as if born in the lifetime of the intestate and surviving him.

Estate Settlement - Has No Surviving Spouse

This chart is for an individual who has no surviving spouse.

 

 

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This page was last updated on 27 August 2010