Solomon, Steiner & Peck, Ltd.
Call today for a consultation:
216-245-0185 / 866-642-0932

What happens when someone dies without a will?

When an Ohio resident passes away without a valid will, the state will take on the responsibility of making one. This process is known as intestate succession, and its purpose is to distribute a decedent's assets in a way that resembles the average estate plan. Even if existing evidence makes it clear that a decedent wanted their wealth to be distributed in a certain fashion, no exceptions to the intestate succession process will be made.

All states have laws or statutes that pertain to intestate succession. Most of these laws are based on the 1990 Uniform Probate Code. According to this code, surviving spouses are entitled to the entire estate if the decedent has no surviving descendants or parents. If there are surviving descendants or parents, the spouse will receive the majority of the estate, and the other survivors will receive a smaller portion.

In the event that there is no surviving spouse, the estate will be passed on to descendants of the decedent. If there are no descendants, the surviving parents will receive the estate, and if there are no surviving parents, the estate will be distributed to surviving siblings. If the decedent has no surviving siblings, the descendants of the siblings will receive the estate. The entire estate will be passed on to the state if there are no surviving qualified relatives.

If an individual wants to be certain that his or her estate will be distributed properly, the best course of action is to create a will. Will planning is important, and lawyers who are knowledgeable in estate administration and estate planning are available to not only help create wills but also make certain that decedents' wills are correctly executed when the time comes.

No Comments

Leave a comment
Comment Information

2005 BBB Torch Award Recipient Recipients of the 2005 BBB Torch Award Honoring Business of Integrity

  • ASNP
  • CMBA Green Certified 2107-19
  • member of the national eldercare matters Alliance
  • Golden opportunities

We are here to help. Contact our attorneys today.   

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Mayfield Heights Office
6105 Parkland Boulevard
Suite 140
Mayfield Heights, OH 44124

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Mayfield Heights Law Office Map

Independence Office
6100 Oaktree Blvd.
Suite #200 - Park Centre 1
Independence, OH 44131

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Westlake Office
159 Crocker Park Boulevard
4th Floor
Westlake, OH 44145

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Mentor Office
5966 Heisley Road
Ste 201
Mentor, OH 44060

Toll Free: 866-642-0932
Phone: 216-245-0185
Fax: 216-595-2787
Map & Directions

Review Us