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Ohio Revised Code

Ohio Rev. Code § 2105.06 (2026)

Statute of descent and distribution

✓ current as of May 2026
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Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
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When a person dies intestate having title or right to any personal property, or to any real property or inheritance, in this state, the personal property shall be distributed, and the real property or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course:

(A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes;

(B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse;

(C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes;

(D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes;

(E) If there are no children or their lineal descendants, then the whole to the surviving spouse;

(F) Except as provided in section 2105.062 of the Revised Code, if there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent;

(G) Except as provided in section 2105.062 of the Revised Code, if there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes;

(H) Except as provided in section 2105.062 of the Revised Code, if there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them;

(I) Except as provided in section 2105.062 of the Revised Code, if there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among the next of kin;

(J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes;

(K) If there are no stepchildren or their lineal descendants, escheat to the state.
Notes of Decisions
Cited in 130 cases (27 in the last 5 years), 1955–2026 · leading case: Byrd v. Trennor, 811 N.E.2d 549 (Ohio Ct. App. 2004).
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Byrd v. Trennor, 811 N.E.2d 549 (Ohio Ct. App. 2004). · cites it 14× “Consequently, we conclude that the probate court did not err in rendering summary judgment in favor of Trennor and Fitzgiven, determining that Byrd had no right to participate in her father’s estate.”
State ex rel. Clay v. Cuyahoga Cty. Med. Exam'r's Off. (Slip Opinion), 2017 Ohio 8714 (Ohio 2017). · cites it 2× “For instance, R.C. 2105.06 provides a detailed scheme for the distribution of property when a person dies intestate, similar to the scheme in R.”
In Re Est. of Hicks, 629 N.E.2d 1086 (Ohio Ct. App. 1993). · cites it 8× “In Beck , the court held that the word “child” as used in R.C. 2105.06, the statute of descent and distribution, includes children born out of wedlock, but only “if the parent-child relationship has been established prior to the death of the father pursuant to the parameters of…”
Clark v. Beyoglides, 2021 Ohio 4588 (Ohio Ct. App. 2021). · cites it 4× “{¶ 30} In situations “where a decedent fails to dispose of some or all of his or her property through a testamentary transfer, the statute of descent and distribution, R.C. 2105.06, governs who receives the unaccounted-for property.”
Eppley v. Tri-Valley Local Sch. Dist. Bd. of Educ., 2009 Ohio 1970 (Ohio 2009). · cites it 2× “ral tort claims are direct actions, while wrongful death claims are derivative in nature, brought on behalf of the decedent’s next of kin; wrongful death claims are statutory, while claims for personal injury are common-law claims; the proceeds in wrongful death claims are…”
Carley Cunningham v. Comm'r of Soc. Sec., 360 F. App'x 606 (6th Cir. 2010). · cites it 2× “” Ohio Rev. Code Ann. § 2105.06 (G) (2009).”
Beck v. Jolliff, 489 N.E.2d 825 (Ohio Ct. App. 1984). · cites it 6× “Beck, deceased” is the only person entitled to inherit pursuant to R.C. 2105.06 if the said will is declared invalid.”
In Re Est. of Riley, 847 N.E.2d 22 (Ohio Ct. App. 2006). · cites it 5× “9 {¶ 25} The election of a surviving spouse to take under a will or under R.C. 2105.06 must be made no later than five months from the date of the initial *480 appointment of the estate’s executor.”
Stevens v. Radey, 117 Ohio St. 3d 65 (Ohio 2008). · cites it 5× “The probate court ordered that the residue be distributed to Andrea’s heirs in accordance with the laws of descent and distribution under R.C. 2105.06. {¶ 5} After that decision was rendered, appellees Jessica R.”
In re Molitor, 2013 Ohio 525 (Ohio Ct. App. 2013). · cites it 6× “1: {¶ 12} THE PROBATE COURT ERRED BY DIVIDING WRONGFUL DEATH SETTLEMENT PROCEEDS AS INTESTATE ESTATE PROPERTY UNDER R.C. 2105.06 INSTEAD OF USING THE EQUITABLE FACTORS SPECIFIED BY R.”
In Re Toland, 346 B.R. 444 (Bankr. N.D. Ohio 2006). · cites it 4× “For example, the Debtors pointed to O.R.C. § 2105.06 which provides for the right of one spouse to inherit intestate from the other; and to O.”
Casey v. Gallagher, 227 N.E.2d 801 (Ohio 1967). · cites it 4× “Section 2105.06 (A)-(F), Revised Code. However, the foregoing does not dispose of the claim of Mary H.”
Show all 130 citing cases →
— Ohio Rev. Code § 2105.06(1) — 1 case
In Re Guardianship of Dougherty, 578 N.E.2d 832 (Ohio Ct. App. 1989).
— Ohio Rev. Code § 2105.06(A) — 13 cases
Havens v. Havens, 2022 Ohio 3103 (Ohio Ct. App. 2022).
Powell v. Williams, 2022 Ohio 526 (Ohio Ct. App. 2022).
Stevens v. Radey, 117 Ohio St. 3d 65 (Ohio 2008). “The probate court ordered that the residue be distributed to Andrea’s heirs in accordance with the laws of descent and distribution under R.C. 2105.06. {¶ 5} After that decision was rendered, appellees Jessica R.”
In re Est. of Weiner, 2019 Ohio 2354 (Ohio Ct. App. 2019).
Marinakis v. Marinakis, 2025 Ohio 2555 (Ohio Ct. App. 2025).
— Ohio Rev. Code § 2105.06(B) — 4 cases
In re Molitor, 2013 Ohio 525 (Ohio Ct. App. 2013). “1: {¶ 12} THE PROBATE COURT ERRED BY DIVIDING WRONGFUL DEATH SETTLEMENT PROCEEDS AS INTESTATE ESTATE PROPERTY UNDER R.C. 2105.06 INSTEAD OF USING THE EQUITABLE FACTORS SPECIFIED BY R.”
Weese v. Dalton, 2026 Ohio 537 (Ohio Ct. App. 2026).
Winkelfoos v. Mann, 475 N.E.2d 509 (Ohio Ct. App. 1984).
Weese v. Dalton, 2026 Ohio 796 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2105.06(C) — 5 cases
Crum v. Yoder, 2020 Ohio 5046 (Ohio Ct. App. 2020).
In re Est. of Francis, 2025 Ohio 1215 (Ohio Ct. App. 2025).
Varns v. Varns, 610 N.E.2d 440 (Ohio Ct. App. 1991).
Weathington v. Hill, 2011 Ohio 5875 (Ohio Ct. App. 2011).
Winkelfoos v. Mann, 475 N.E.2d 509 (Ohio Ct. App. 1984).
— Ohio Rev. Code § 2105.06(D) — 2 cases
In Re Est. of Riley, 847 N.E.2d 22 (Ohio Ct. App. 2006). “9 {¶ 25} The election of a surviving spouse to take under a will or under R.C. 2105.06 must be made no later than five months from the date of the initial *480 appointment of the estate’s executor.”
In re Est. of French, 2011 Ohio 422 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2105.06(E) — 2 cases
In re Est. of Rush, 2014 Ohio 3293 (Ohio Ct. App. 2014).
Mackay v. Thomas, 2018 Ohio 4154 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2105.06(F) — 3 cases
In re Guardianship of Stein, 2004 Ohio 7114 (Ohio 2004).
Stevens v. Radey, 117 Ohio St. 3d 65 (Ohio 2008). “The probate court ordered that the residue be distributed to Andrea’s heirs in accordance with the laws of descent and distribution under R.C. 2105.06. {¶ 5} After that decision was rendered, appellees Jessica R.”
Washburn v. Scurlock, 449 N.E.2d 797 (Ohio Ct. App. 1982).
— Ohio Rev. Code § 2105.06(G) — 1 case
Winkelfoos v. Mann, 475 N.E.2d 509 (Ohio Ct. App. 1984).
— Ohio Rev. Code § 2105.06(I) — 1 case
Allen v. Milligan, 2023 Ohio 917 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2105.06(J) — 1 case
Bank One Trust Co. v. Reynolds, 877 N.E.2d 342 (Ohio Ct. App. 2007).
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