Legal Question in Wills and Trusts in Ohio

Re: OH Probate Laws Re: Dying Intestate

When someone dies intestate, their estate is divided according to law under O.R.C. 2105.06

Under that law, the children of the person who died would get the estate first, assuming there is no spouse living. The children divide the estate equally among them.

So, all your late aunt's children will divide the estate among them. After that, they can do whatever they want with their share (give it to their kids, etc.). If one of your parents is a child of your late aunt, then that parent should get an equal share of the estate. If that parent is no longer living, you and any of your brothers and sisters should get your parent's share, divided equally amongst you.

If you are not confident that your cousin will follow the intestacy laws, you can ask the court to appoint someone else to administer the estate, or you may hire an attorney to do it.

Re: OH Probate Laws Re: Dying Intestate

The estate of a person who dies intestate and who did not make other arrangements, for example, through a trust, will still pass through probate court. The court will appoint an administrator and require a listing of all the heirs. For the purpose of probate court, signing waivers--if this is what you mean by 'signing off'--means only that you are aware of a particular step in the process and the court does not have to send you a notice. It does not mean you never have to be notified. If you do not believe the administrator would keep you aware of the progress of the estate, you would probably benefit from the assistance of an attorney.