What Really Happens If You Die Without a Will in Ohio?
Many people assume that if they pass away without a will, everything will just “work itself out.” Unfortunately, that’s not how Ohio law works. Dying without a will—also known as…
Life is full of unexpected moments, and while none of us like to dwell on the inevitable, planning for the future is one of the greatest gifts we can leave our loved ones. But what happens when someone passes away without a will? The reality can be overwhelming for the family left behind.
Let’s consider a real-life scenario that plays out all too often:
John and Mary, a retired couple, lived in a modest home they had paid off years ago. They owned two cars, had money in their checking and savings accounts, and while they had always meant to set up a will, life got busy, and they never got around to it. Their two adult children, Emily and Michael, assumed everything would work itself out when the time came.
Then, tragedy struck. John and Mary passed away unexpectedly within months of each other. With no will in place, Emily and Michael suddenly found themselves in a legal and financial maze they weren’t prepared for.
Like most families, John and Mary’s money was in their bank accounts, which were only in their names. When they passed away, their accounts were immediately frozen—even though there was plenty of money available to cover funeral expenses.
Emily and Michael found themselves in a tough spot. They needed to pay for their parents’ funerals, but they had no access to the funds to do so. Since John and Mary hadn’t made any pre-arrangements, the funeral home required payment upfront. With their own families to support, coming up with thousands of dollars was a real hardship.
To gain access to their parents’ money and settle their estate, Emily and Michael had to go to probate court. Because their parents didn’t leave a will, they had to petition the court to be appointed as the legal administrators of the estate—a process that takes months and comes with court fees, attorney costs, and a required probate bond.
In the meantime, the bills didn’t stop. They had to:
Even though there was plenty of money in their parents’ accounts, they couldn’t touch it until the court gave them legal authority—which took nearly a year.
Beyond the financial strain, Emily and Michael had to juggle probate hearings, paperwork, and legal responsibilities at a time when they should have been grieving. Instead of focusing on honoring their parents’ memory, they spent months dealing with government bureaucracy, red tape, and unexpected out-of-pocket expenses.
John and Mary were responsible, hardworking people who wanted the best for their family. But without an estate plan, their passing created unnecessary stress and financial hardship for their children.
Had they set up a simple will or, even better, a revocable living trust, their children could have:
✅ Avoided probate entirely—giving them immediate access to funds.
✅ Used a Transfer on Death (TOD) designation for their bank accounts so the money would go directly to their children.
✅ Named a successor trustee or executor so there was no delay in handling their estate.
✅ Ensured their home and cars transferred seamlessly without needing to go through court.
The good news? Estate planning is simple, there are options for every budget, and it’s easy to prevent this kind of stress for your loved ones by having a plan.
No one wants to leave their loved ones with a mess to clean up. Without a plan, the people you care about most will be stuck dealing with court battles, unexpected expenses, and months—if not years—of legal red tape. But the good news is, you have the power to prevent this.
At Ohio Heritage Law LLC, we help families create clear, effective estate plans that ensure their wishes are carried out without the headaches of probate. Whether you need a will, a trust, or simply guidance on what’s right for you, we’re here to make the process easy, stress-free, and tailored to your family’s needs.
Don’t wait until it’s too late. Schedule a consultation today and take the first step toward peace of mind. Call (330) 571-4151 click here to schedule a free virtual consultation. Your family deserves the protection and security of a solid estate plan—let’s make it happen together.
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