When someone passes away without a will, under the law, they’re said to have died "intestate." When that happens, any requests the deceased may have had about their property are no longer valid, and family law experts use a method called "intestate succession" to distribute their property. If you’ve never heard of this process and want to know what would happen to your estate if you passed away without a written will, here’s a guide to intestate succession.

What Is Intestate Succession?

If you fail to make your final requests known through a will, the courts will distribute your property to your closest relatives according to the family laws governing your state.

For instance, in Ohio, if you die with a spouse but no children, your spouse inherits everything. If you die with children but no spouse, your children split the estate evenly. If you die leaving a spouse and children you had with them through birth or adoption, your spouse also inherits everything. If you leave a spouse and children from a previous relationship, the spouse receives the first $20,000 of the estate and half or a third of the balance, depending on your number of descendants.

What Property Transfers Via Intestate Succession?

For any property to transfer to your descendants when you don’t have a will, it must be only in your own name. This includes real estate, vehicles, bank accounts without a designated beneficiary, and personal property.

Some items never transfer via intestate succession. For instance, life insurance proceeds go to the policy beneficiary rather than the family of the deceased. If you have a transfer-on-death deed or registration, jointly owned real estate and vehicles are transferred to their co-owner.

What If You Have No Immediate Family?

If you have no spouse or descendants, the estate will transfer to your parents and siblings. If you have none, your aunts, uncles, cousins, and other extended family members will inherit everything.

If you have no living family, the property "escheats" to the state. In this case, without a will, your friends, partners, and other people you may want to inherit your belongings have no claim on your property.

If you need a family law expert to help you write a will, contact Lane, Felix & Raisbeck CO, LPA in Cincinnati, OH. The three partners have over 60 years of combined legal experience, much of that served in Hamilton County. In addition to family law, the firm also specializes in criminal defense, divorce, wrongful death, probate, and real estate law. Visit their website to learn more about their practice areas or call (513) 922-7700 to schedule a consultation.