My parent died without a will. What happens now?

Answered by ProctorLaw

This is general legal information, not legal advice. No attorney-client relationship is created. Talk with a licensed attorney about your situation.

I am sorry about your dad. Short answer: when there is no will, Ohio's intestacy statute decides who inherits, the Clark County Probate Court appoints an administrator (the no-will version of an executor) to handle things, and a straightforward estate with a house, a car, and a bank account typically takes six to nine months to close. The house is the reason it will probably need a full probate rather than the shortcut procedures.

Who inherits. Under R.C. 2105.06, if your dad left a surviving spouse and all of his children are also hers, she inherits everything. If there is a spouse and children from another relationship, the spouse takes the first $20,000 (or $60,000 if she is the mother of some of the children) plus one-third or one-half, and the children split the rest. If there is no surviving spouse, the children share equally, with a deceased child's share going to that child's own children. Grandchildren, parents, and siblings inherit only if there is no one in the earlier group.

Who gets to handle it. The surviving spouse has first priority to be appointed administrator, then the next of kin; the person must be an Ohio resident (R.C. 2113.06). If several children have equal priority, the one who applies typically asks the others to sign a waiver of their right to administer (Standard Probate Form 4.3). If family members disagree, the court holds a hearing and picks. The administrator usually must post a bond, which the court can waive when the administrator is the surviving spouse or the next of kin entitled to the whole estate (R.C. 2109.07), and is often willing to waive when all heirs consent; ask the court.

The process in Clark County. You file an application to administer the estate with the probate court at 50 E. Columbia St., 5th floor, Springfield, (937) 521-1845; the deposit for a full administration is currently $150. Once appointed, the administrator receives Letters of Authority, which is the document banks and the BMV will ask for. Then:

1. File an inventory of assets within three months (R.C. 2115.02).

2. Creditors have six months from the date of death to present claims; after that they are barred (R.C. 2117.06). This six-month clock is the practical floor on how fast an estate can close.

3. Pay valid debts and taxes, then distribute to the heirs.

4. File a final account, due within six months of appointment unless the court extends it (R.C. 2109.301). The court's own guidance says most simple estates close within nine months.

Shortcuts that may apply. Release from administration is available when probate assets total $35,000 or less, or $100,000 or less if the surviving spouse is the only heir (R.C. 2113.03). A house normally pushes an estate over $35,000, so this usually works only when a spouse takes everything. Summary release covers very small estates of about $5,000 or amounts used for the funeral (R.C. 2113.031). Also, several things never go through probate at all: any account with a payable-on-death beneficiary, a vehicle with a transfer-on-death title, real estate with a recorded TOD affidavit or survivorship deed, and life insurance or retirement accounts with a named beneficiary. Check the bank and the title before assuming an asset is in the estate.

Special rules for a surviving spouse. She is entitled to a $40,000 support allowance ahead of most creditors (R.C. 2106.13), can take vehicles worth up to $65,000 combined outside probate by filing a surviving spouse affidavit (BMV form 3773) at the Clark County Clerk of Courts title office (R.C. 2106.18), and may stay in the house rent-free for a year (R.C. 2106.15).

The house. Once the inventory is filed, the administrator asks the court for a certificate of transfer, which is recorded with the county recorder to move title to the heirs (R.C. 2113.61). If the heirs want to sell, that is usually done through the estate. Keep paying the mortgage, insurance, and utilities in the meantime.

Taxes and costs. Ohio has no estate or inheritance tax, and the federal estate tax does not apply unless the estate exceeds $15 million (2026). Court costs are modest. Attorney fees in Clark County follow a local guideline of roughly 4 percent of the first $100,000 of probate assets and less above that, paid from the estate, and the administrator may take a similar statutory commission (R.C. 2113.35). One caution: if your dad was 55 or older and on Medicaid, the state may have an estate recovery claim.

This is general information, not legal advice. A probate attorney in Clark County can usually tell you in one meeting whether a release from administration is possible and what the house will require.

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