When determining the next of kin, generally the probate court is going to look to the person’s nearest relative or relatives. Not all kin or relatives of a decedent are “next of kin.” Rather, the relatives nearest to the decedent are next of kin.
In the typical probate matter, the next of kin under Ohio law are:
- Surviving spouse
- Descendants of siblings
- Aunts and uncles
In Ohio, the next of kin that inherits from an intestate Ohio estate, you inherit only assets that are in the decedent’s probate estate. Therefore, you might not inherit anything if all of the decedent’s assets were non-probate assets, such as jointly-titled real estate or bank accounts with a beneficiary designation.
In situations, where heirs cannot be easily identified an Heirship Determination has to be filed with the Probate Court. However, for mineral interest rights it is very common to see an affidavit of heirship filed with the County recorder to determine who is entitled to receive oil & gas compensation.
If you have questions about the Ohio intestate succession process, or want to learn more about who is supposed to inherit assets you can schedule a consultation you can schedule a consultation with a member of our probate team. Just call (740)346-2899.