Losing a loved one is never easy—but when that person passes away without a will, the grief can be compounded by confusion, uncertainty, and legal stress. Many families in Indian Hill find themselves overwhelmed by the question: What happens now?
When someone dies intestate (without a valid will), their estate must go through probate under Ohio’s intestate succession laws. This process determines how their assets will be distributed and who will be responsible for handling the estate. It’s a process that can feel cold, complex, and impersonal—especially during such an emotional time.
In Ohio, the court steps in to manage the estate of a person who dies without a will. That means:
This legal process—while necessary—can feel overwhelming for families already coping with loss, especially when it involves high-value or complex assets, such as real estate, investments, or family businesses common in Indian Hill estates.
When someone passes away without a valid will, they are considered to have died “intestate.” In these cases, Ohio’s intestate succession laws determine who inherits the estate—and in what order. The probate court oversees the entire process, making decisions based solely on the law, not on personal wishes or family dynamics.
This can come as a surprise to families in Indian Hill, especially when the decedent’s intentions were informally known but never documented in a legally binding way.
If there is no will, the Ohio Revised Code provides a strict inheritance structure. Here’s a simplified overview:
Friends, unmarried partners, and stepchildren generally do not inherit under intestate succession unless they are legally adopted or named in a valid estate plan.
Unlike an estate with a valid will—where the decedent chooses who inherits and who manages the estate—the probate court makes all key decisions in an intestate case. That includes:
Even when families agree on what the deceased “would have wanted,” the court is legally bound to follow Ohio’s statutes.
When someone passes away without a will, they haven’t named an executor to manage their estate. In these cases, the probate court must appoint an administrator—a person who will take on similar responsibilities but is chosen by the court rather than the deceased.
This change in process can be confusing and emotionally difficult for families, especially in high-stakes situations involving property, family businesses, or multiple heirs. At Keller, Barrett & Higgins, we guide Indian Hill families through this transition with clarity and care.
The Hamilton County Probate Court appoints an estate administrator based on a legal priority list set by Ohio law. Generally, preference is given to:
If no suitable family member steps forward—or if there is conflict—the court may appoint a neutral third party or attorney to administer the estate.
It’s important to note that the administrator must be:
The estate administrator takes on a legal role similar to an executor. Their core duties include:
Because the administrator has a fiduciary duty, they are legally obligated to act in the best interest of the estate and its heirs—mistakes can result in personal liability.
Serving as an administrator can be overwhelming, especially when you're grieving or managing complex assets. At KBH, we offer:
We ensure that estate administrators understand their role and feel confident fulfilling it—so the estate is handled properly, and the family’s legacy is honored.
The probate process begins with filing a petition in the Hamilton County Probate Court, requesting that the estate be opened and an administrator be appointed. This step requires gathering basic information about the decedent, the estimated value of their assets, and identifying potential heirs.
Once appointed, the administrator must locate and inventory all estate assets, including:
An official appraisal may be required for certain assets to determine their fair market value. The inventory is then submitted to the court for review.
Ohio law requires the administrator to provide formal notice to all heirs, even if they aren’t expected to inherit. Creditors must also be notified and given an opportunity to present claims for any outstanding debts.
This part of the process is time-sensitive and critical for protecting the estate from future legal disputes.
Before any assets can be distributed, the administrator must pay all valid debts, including:
Failure to properly resolve debts can expose the administrator to personal liability, so it’s essential to handle this stage with legal oversight.
Once debts and taxes are satisfied, the remaining estate is distributed according to Ohio’s intestate succession laws (as outlined in Section 2). The administrator must follow this legal structure—personal preferences or verbal wishes cannot override the law.
To close the estate, the administrator must file a final accounting with the court, showing:
Once the court approves the final accounting, the estate can be closed and the administrator discharged.
Losing a loved one without a will is never easy—but you don’t have to face the legal complexities of probate alone. At Keller, Barrett & Higgins, we understand the emotional and practical challenges that come with settling an estate without clear direction.
Our experienced probate attorneys help Indian Hill families navigate Ohio’s intestate process with clarity, efficiency, and compassion—ensuring that your rights are protected, conflicts are minimized, and your loved one’s estate is handled with the respect it deserves.
📞 Call us today at (513) 351-6058 📩 Or contact us online to schedule a private consultation.
Let KBH give you the peace of mind that comes from having a strong, steady legal team by your side.