Estate Law · Ohio
Ohio estate planning rules
State-specific rules that affect how your estate is distributed, how probate works, and what planning steps matter most for Ohio residents.
- Ohio intestacy gives the spouse the entire estate when descendants are mutualOhio intestacy: surviving spouse takes entire estate when all descendants are mutual; $20,000 plus fraction when any descendant is from prior relationship.
- Ohio requires two competent witnesses for will executionOhio will requires testator's signature and two competent witnesses signing in the testator's presence after seeing or hearing the signature.
- Ohio's summary release from administration handles small estates without full probateOhio summary release from administration: $35,000 threshold for non-spousal beneficiaries, $100,000 when surviving spouse is sole beneficiary.
- Ohio's Uniform Power of Attorney Act provides default-durable POAsOhio's Uniform Power of Attorney Act makes POAs durable by default. Hot powers (gifts, beneficiary changes, trust modifications) must be expressly enumerated.
- Ohio still recognizes dower rights — surviving spouse retains a one-third life estateOhio still recognizes dower rights — surviving spouse holds a one-third life estate in real property conveyed during marriage without spousal joinder.
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Check your situationThis information is educational, not legal advice. For complex situations, consult a licensed Ohio attorney.