Effective: March 23, 2015
Latest Legislation: Senate Bill 207 - 130th General Assembly
When a person dies intestate having title or right to any personal property, or to any real property or inheritance, in this state, the personal property shall be distributed, and the real property 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) Except as provided in section 2105.062 of the Revised Code, 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) Except as provided in section 2105.062 of the Revised Code, 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) Except as provided in section 2105.062 of the Revised Code, 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) Except as provided in section 2105.062 of the Revised Code, 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 the 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.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2105 | Descent and Distribution
Section 2105.01 | No Distinction Between Ancestral and Nonancestral or Real and Personal Property.
Section 2105.02 | Construction of Living and Died.
Section 2105.03 | Determination of Next of Kin.
Section 2105.04 | Permanent Leases to Descend Same as Estates in Fee.
Section 2105.051 | Advancements - Time of Valuation.
Section 2105.052 | Debts Owed to Decedent.
Section 2105.06 | Statute of Descent and Distribution.
Section 2105.061 | Real Property Subject to Monetary Charge of Surviving Spouse.
Section 2105.062 | Children Conceived as Result of Rape or Sexual Battery.
Section 2105.07 | Escheat of Personal Estate.
Section 2105.08 | Application of Provisions Relating to Escheating Estates.
Section 2105.09 | Disposition of Escheated Lands.
Section 2105.10 | Parent Abandoning Minor Child Barred From Intestate Succession.
Section 2105.11 | Estate to Descend Equally to Children of Intestate.
Section 2105.12 | Descent When All Descendants of Equal Degree of Consanguinity.
Section 2105.13 | Descent When Children and Heirs of Deceased Children Are Living.
Section 2105.14 | Child Conceived Before Intestate's Death.
Section 2105.15 | Designation of Heir at Law.
Section 2105.16 | Heirs of Aliens May Inherit - Aliens May Hold Lands.
Section 2105.17 | Children Born Out of Wedlock.
Section 2105.19 | Persons Prohibited From Benefiting by the Death of Another.
Section 2105.20 | Waste by Tenant for Life.
Section 2105.25 | Filing Declaration Alleging Fatherhood of Adult Child.
Section 2105.26 | Order Declaring Fatherhood of Adult Child.
Section 2105.31 | Uniform Simultaneous Death Act Definitions.
Section 2105.32 | Person Is Deemed to Have Predeceased Another Person.
Section 2105.33 | Person Deemed to Have Predeceased Specified Event.
Section 2105.34 | Co-Owners With Right of Survivorship.
Section 2105.35 | Determination and Evidence of Death and Status.
Section 2105.36 | Provisions of Governing Instrument.
Section 2105.37 | Payor or Third Party Not Liable.
Section 2105.38 | Retroactivity.