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 dying intestate—means that the courts decide who handles your estate, who gets your assets, and how your affairs are managed while probate is ongoing.

If you don’t have a will, here’s what really happens to your estate and your loved ones:

1. The Court Chooses Who Handles Your Estate

When you have a will, you get to name your executor, the person responsible for handling your estate after you pass. But if you die intestate, the probate court will appoint an administrator to handle your affairs.

• The court will typically choose a close relative, starting with your spouse, then adult children, then other next of kin. If no family member is willing or able, the court may appoint a third-party administrator (such as an attorney or bank).
• Unlike an executor named in a will, an administrator must post a bond, which is like an insurance policy to protect the estate. This can be costly and time-consuming, and it comes out of the estate’s assets—meaning less money for your heirs.

2. Your Family Must Navigate Ohio’s Default Inheritance Laws

Without a will, Ohio intestacy laws determine who inherits your assets. The general distribution follows this pattern:

• If you are married with children from that marriage → Your spouse inherits everything.
• If you are married, but have children from a previous relationship → Your spouse and children split the estate in specific shares.
• If you are unmarried with children → Your children inherit equally.
• If you have no spouse or children → Your parents inherit.
• If your parents are deceased → Your siblings inherit.
• If no close relatives exist → The state of Ohio takes everything through a process called escheatment.

This process can be messy and often results in inheritances that may not reflect your wishes.

3. Your Home and Bills Still Need to Be Paid

Many people don’t realize that when they pass away, their financial obligations don’t just disappear—especially if they own a home.

• Mortgage payments must still be made – The administrator (or surviving family members) must continue making mortgage payments while the estate is being settled. If payments stop, the lender can foreclose on the home before probate is complete.
• Property taxes, insurance, and utilities must be kept current – These expenses don’t pause just because an estate is in probate. The administrator must make sure these bills are paid or risk losing insurance coverage or utility shut-offs.
• The estate pays these costs – If no one is able to cover these expenses upfront, the administrator may have to sell assets or the home itself to satisfy debts.

4. Your Loved Ones Will Face a Longer, More Expensive Probate Process

Probate is always required when someone dies with assets in their name only and no beneficiary designations or survivorship provisions. Without clear instructions in place:

• The court has to determine heirs and oversee the division of property.
• The administrator has to handle debt payments, property maintenance, and legal paperwork, often with little direction.
• Family members may disagree about how assets should be divided, leading to disputes that delay the process even further.

With a will, probate is typically smoother and faster. Without one, probate can take a year or longer, leaving your family in limbo.

5. Family Disputes & Unintended Consequences Can Arise

When there’s no will, families often fight over who should get what—especially when sentimental assets or blended families are involved.

• If multiple heirs inherit a home, disagreements can arise over whether to sell it or keep it.
• If someone expected to inherit but isn’t legally entitled, it can create resentment and lead to contested probate proceedings.
• If minor children are involved, the court—not you—decides who will become their guardian.

How to Protect Your Family & Assets

The good news? You can avoid these complications by creating a will and a comprehensive estate plan. With a will, you:

✅ Choose your executor (avoiding costly court-appointed administrators)
✅ Decide who inherits what (so the state doesn’t make those decisions for you)
✅ Protect your home and assets (ensuring expenses like mortgage, taxes, and utilities are managed properly)
✅ Minimize family conflict (by providing clear instructions that prevent disputes)
✅ Ensure a smooth transition (so your loved ones aren’t burdened with unnecessary legal hurdles)
✅ Name guardians for minor children (so the court doesn’t decide who raises them)
✅ Avoid probate delays (saving time, money, and stress for your family)
✅ Reduce or eliminate estate taxes (by implementing strategic planning)
✅ Protect your legacy (ensuring your hard-earned assets go to the people you care about most)

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