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Intestate Succession Laws in Ohio

In Ohio, a surviving spouse inherits the entire estate when all of the deceased's children are also the spouse's children, and also inherits everything when there are no children or descendants, even if parents are alive. Ohio is not a community property state.

Last checked . General information, not legal advice.

Ohio at a glance

Spouse share with shared children
Entire estate
If some children are not the spouse's, the spouse takes $20,000 or $60,000 plus one-half or one-third of the rest, depending on the family.
Spouse takes all with shared children
Yes
Spouse share with parents, no descendants
Entire estate
Parents inherit only if there is no surviving spouse.
Community property state
No
Not listed by the IRS among the community property states.

Sources

Last checked

The rules in Ohio

How much does a surviving spouse inherit in Ohio when the deceased leaves children who are also the spouse's children?

Spouse share with shared children in Ohio: Entire estate. If some children are not the spouse's, the spouse takes $20,000 or $60,000 plus one-half or one-third of the rest, depending on the family.

Does a surviving spouse in Ohio inherit the entire intestate estate when all of the deceased's children are also the spouse's children and the spouse has no other descendants?

Yes. Spouse takes all with shared children in Ohio: yes.

How much does a surviving spouse inherit in Ohio when the deceased leaves no descendants but at least one parent is alive?

Spouse share with parents, no descendants in Ohio: Entire estate. Parents inherit only if there is no surviving spouse.

Is Ohio a community property state?

No. Community property state in Ohio: no. Not listed by the IRS among the community property states.

Where do the Ohio intestate succession laws come from?

The rules above come from Ohio Rev. Code 2105.06. Each source is linked on this page. We last checked them in October 2026.

Good to know

Ohio Rev. Code 2105.06 was last amended effective March 23, 2015.

What this means in practice

Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.

Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.

Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.