Q: What I need to know is what happens if we can’t locate the will.
A: His estate will go intestate.
Ohio Intestate Succession Laws
If any part of an Ohio decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:
1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:
* If there are no children of decedent or their lineal descendants, or if all of decedent's children are also children of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.
* If there is one child of the decedent or the child's lineal descendants survive and the surviving spouse is not the natural or adoptive parent of the decedent's child, the surviving spouse is entitled to the first $20,000 plus one-half of the balance of the intestate estate. The remainder goes to the child or the child's lineal descendants, per stirpes.
* If there is a spouse and more than one child or their lineal descendants surviving, the surviving spouse gets the first $60,000 if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first $20,000 if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate. The remainder goes to the children equally, or to the lineal descendants of any deceased child, per stirpes.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to:
1. Decedent's children or their lineal descendants, per stirpes.
2. Decedent's parent or parents equally.
3. Decedent's brothers and sisters or their lineal descendants, per stirpes.
4. One-half to the paternal grandparents of the decedent equally, or to the survivor of them, and one-half to the maternal grandparents of the decedent equally, or to the survivor of them.
5. 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 generally to the next of kin of the decedent.
6. Stepchildren or their lineal descendants, per stirpes.
3. State of Ohio. If there is no taker under any of the above provisions, the intestate estate escheats (i.e., reverts or passes) to the state of Ohio. Personal property is collected and paid over to the county treasurer of the county where the estate is administered for use in the county's school fund. Any real property located within the state is sold and the proceeds are split between state and local coffers.
Ohio Intestate Succession Law Fun Facts
* Decedent's descendants conceived before his death, but born thereafter, inherit as if they had been born in decedent's lifetime and survived him. Others, however, must be alive at the time of decedent's death if they hope to inherit anything.
* A parent that has abandoned his or her minor child, who subsequently dies intestate, cannot inherit the real or personal property of the deceased child. Under Ohio's laws, the bad parent is treated as if he or she predeceased the deceased child.
* On a similar note, any person who is convicted of, pleads guilty to, or is found not guilty by reason of insanity of murdering the decedent (either directly or as an accomplice) is prohibited from benefiting by the death in any way. All property of the decedent, and all money, insurance proceeds, or other property or benefits payable or distributable due to the decedent's death, will pass or be paid or distributed as if the person who caused the death of the decedent had predeceased the decedent.
* Ohio's intestate succession laws, as well as other related laws, can be found in Title 21 of the Ohio Revised Code.
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