Probate for Estate without a Will in Mentor, OH

Lake County Surviving Spouse Assets Attorney

When there is no Will the Ohio Revised Code section 2105.06 provides who gets the assets when there is no Will in summary:

  • If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes.
  • If there is a surviving spouse and children (or their lineal descendants), all of whom are children of the surviving spouse, then all of the estate passes to the surviving spouse.
  • If there is a surviving 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.
  • 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 per stirpes.
  • If there are no children or their lineal descendants, then the whole to the surviving spouse.
  • If there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent.
  • 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.
  • 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.
  • If there are no paternal grandparent or no maternal grandparent, one-half to 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.

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For advice on any probate-related legal matter, we welcome you to contact our office for an appointment. We can be reached by e-mail or by telephone at 440-942-6267.

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