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State Guide

Ohio

What Ohio law actually says about death, probate, cremation, advance directives, and estate taxes. No legal jargon. No upselling. Just what you need to know.

Someone just died in Ohio? The first 24 hours, step by step →

Guide Status

Last reviewed June 2026

Laws change. Each section shows when it was last verified. Always confirm with a licensed Ohio attorney for your specific situation.

This is general information, not legal advice. Ohio law changes. Your situation is specific. For anything that matters, talk to a licensed Ohio attorney. Find one here →

Death Certificates

At a Glance

3
days to file
after death
25
years
confidential
$21.50
certified
copy fee
Death occursRestricted (25 yrs)Public record

File within 3 days · Restricted for 25 years · Then public

The 3-day rule.

In Ohio, a death certificate must be filed within 3 days of death and before the body is buried or cremated. The funeral director prepares the certificate; the attending physician certifies the cause of death. (O.R.C. 3705.16)

Order at least 10 certified copies. Every bank, insurance company, and government agency requires an original.

Who files it.

The funeral director or person in charge of final disposition files the death certificate with the local registrar. The attending physician must complete the medical certification within 24 hours of being notified.

Who can order copies.

Immediate family members, legal representatives, and persons with a direct and tangible interest can order certified copies.

  • Ohio Department of Health Vital Statistics: odh.ohio.gov
  • Cost: $21.50 per certified copy
  • Expedited service available through VitalChek

How do I get a death certificate in Ohio?

Order certified copies from Ohio's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Ohio?

$21.50 per certified copy in Ohio, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

Related questions

Probate & Wills

At a Glance

$35k
small estate
threshold
simplified
process available
6-12 months
typical
timeline

Small estate threshold vs. national average

US avg $50k
$0$150k+

When probate is required.

Ohio requires probate for estates with solely-owned assets exceeding $35,000 (or $100,000 if the surviving spouse is the sole beneficiary). Estates below these thresholds may qualify for a simplified release from administration. (O.R.C. 2113.03)

Ohio probate typically takes 6-12 months for straightforward estates. Complex estates or disputes can take 2+ years.

If you die without a will.

Ohio intestate succession (O.R.C. 2105.06) determines who inherits:

  • Surviving spouse only (no children): gets everything
  • Spouse + children all from that spouse: spouse gets everything
  • Spouse + children from a prior relationship: spouse gets first $20K plus one-third of the remainder; children split the rest
  • No spouse, children survive: children inherit equally
  • No spouse or children: parents, then siblings, then more distant relatives

What goes through probate.

Only assets owned solely by the deceased without beneficiary designations. Joint tenancy property, accounts with named beneficiaries, and life insurance pass outside probate automatically.

How long does probate take in Ohio?

A straightforward Ohio probate typically runs 6-12 months, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Ohio?

$35,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Ohio?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Ohio allow transfer-on-death deeds?

Yes. Ohio authorizes the transfer on death designation affidavit under Ohio Rev. Code §§ 5302.22–5302.24. Record it while you are alive and the property passes to your named beneficiary at death, outside probate, revocable any time before then. Ohio replaced its old TOD deed with the transfer on death designation affidavit in December 2009; it works the same way (record it, keep full ownership, revocable), but the document you record today is an affidavit, not a deed, though TOD deeds recorded before the switch remain valid.

Source: Ohio Rev. Code §§ 5302.22–5302.24

Related questions

Dying Without a Will

Last verified: July 17, 2026

Source: Ohio Rev. Code § 2105.06

Die without a will in Ohio and this law picks your heirs.

If you die intestate (without a valid will) in Ohio, Ohio Rev. Code § 2105.06 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

Joint children inherit nothing while the spouse is alive: the dollar setoffs ($20,000/$60,000) exist only for blended families. Ohio puts never-adopted stepchildren in line ahead of escheat, which almost no state does.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

  • Spouse only (no descendants or parents): the entire estate.
  • Spouse + parents (no descendants): still the entire estate, parents take nothing when a spouse survives.
  • Spouse + joint descendants: the entire estate; joint children inherit nothing while the spouse lives.
  • Spouse + blended family: first $20,000 plus half the balance (one non-joint child); with multiple children, first $60,000 (spouse is a parent of at least one) or $20,000 (parent of none) plus one-third of the balance.
  • Source: Ohio Rev. Code § 2105.06

Children's shares.

The children take everything in equal shares, with a dead child's share passing to that child's descendants per stirpes.

No spouse, no children: the line of succession.

After descendants come parents, then siblings or their descendants (half-blood siblings count in full), then grandparents in paternal and maternal halves, then next of kin, then stepchildren or their descendants, and only then does the estate escheat to the state.

Related questions

Advance Directives & Healthcare Wishes

At a Glance

18
min. age
2
witnesses
required
notary
required

Living Will

Specifies end-of-life care wishes

Healthcare Proxy

Names a decision-maker for you

DNR / POLST

Do-not-resuscitate orders

Ohio Living Will Declaration.

Ohio recognizes a Living Will Declaration under O.R.C. 2133.02. This document specifies your wishes for life-sustaining treatment if you have a terminal condition or are in a permanently unconscious state. It must be signed by the declarant and two adult witnesses, or notarized.

Healthcare Power of Attorney.

Ohio recognizes a Durable Power of Attorney for Health Care (O.R.C. 1337.12), which designates an agent to make medical decisions when you cannot.

Ohio provides statutory forms for both documents. Download from the Ohio State Bar Association or Ohio Department of Health.

IPOST (Intensive Care Unit and Post-Acute Care Orders for Scope of Treatment).

Ohio uses the IPOST form for seriously ill patients. The IPOST is a medical order signed by a physician that provides specific instructions for CPR, medical interventions, and artificial nutrition.

Where do I get Ohio's advance directive form?

The controlling law is O.R.C. 1337.11 et seq. (Ohio Durable Power of Attorney for Health Care), linked as this section's source. Most people use the free statutory form: Ohio's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Ohio require a notary or witnesses for an advance directive?

Ohio requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

Related questions

At a Glance

24hour minimum waiting period before cremation
This state
24 hrs (shortest)72 hrs (longest)
Cremation permit
Written authorization
Home burial allowed

Cremation regulations.

Ohio requires a 24-hour waiting period before cremation. A cremation permit must be obtained from the local registrar. Crematories must be licensed by the Ohio Board of Embalmers and Funeral Directors.

Right of disposition.

Ohio law (O.R.C. 4717.27) establishes a priority order: (1) the deceased's written instructions, (2) designated agent, (3) surviving spouse, (4) adult children by majority, (5) parents, (6) siblings, (7) other relatives.

Ohio allows you to designate a disposition agent in a signed, notarized document. This takes precedence over next-of-kin.

Green burial.

Green burial is permitted in Ohio. Natural burial is allowed at cemeteries that permit it. Ohio has several dedicated green burial grounds.

Related questions

Estate Taxes

Last verified: July 16, 2026

Source: Ohio Department of Taxation

At a Glance

State Estate Tax
NONE
No state-level estate tax
Inheritance Tax
NONE
No inheritance tax
Federal Estate Tax
Up to 40%
Applies above
$15.00M (2026)

No Ohio estate tax.

Ohio repealed its state estate tax effective January 1, 2013. Ohio residents are not subject to a state-level estate tax.

Ohio's estate tax repeal was permanent. There is no current legislative effort to reinstate it.

Federal estate tax.

Ohio residents are still subject to the federal estate tax. The federal exemption is $15 million per individual in 2026. The One Big Beautiful Bill Act (2025) made the higher exemption permanent.

No Ohio inheritance tax.

Ohio does not impose an inheritance tax. Beneficiaries inheriting assets from an Ohio decedent pay no state-level inheritance tax.

Does Ohio have an estate tax?

No. Ohio has no state estate tax. Only the federal estate tax applies, and only to estates over $15 million per person (2026), $30 million for a married couple.

Does Ohio have an inheritance tax?

No. Ohio does not tax inheritances. Heirs owe no state tax on what they receive.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

Related questions

Organ Donation

At a Glance

18+
to register
How to Register
Online
Ohio BMV
Donor card
Family Override
Binding
Your decision is legally binding
State registry: Lifebanc, LifeCenter, Midwest Transplant Network

The Ohio Donor Registry.

Ohio maintains a donor registry through Lifebanc, LifeCenter, and Midwest Transplant Network. Registration through the Ohio BMV when obtaining or renewing a driver's license is the most common method.

Your family cannot override your registration.

Under the Ohio Anatomical Gift Act (O.R.C. 2108.04), a registered donor's decision is legally binding. Tell your family anyway to reduce conflict and delays.

How to register.

Register online at donatelifeohio.org, at any Ohio BMV location, or by completing a donor card.

  • Online: donatelifeohio.org
  • At the Ohio BMV when renewing your license
  • Donor card: available from Lifebanc or LifeCenter

Related questions

Need Help in Ohio?

Some of this requires an Ohio attorney.

Wills, trusts, advance directives, and probate all benefit from a licensed professional. We have compiled a directory of funeral directors, grief counselors, hospice providers, and financial advisors. Sorted by state. Before a listing appears, we check the provider's phone and address against the provider's own website.

Find Help in Ohio

From The MORTL Edit

Read when you're ready.

Sources: Ohio Revised Code (codes.ohio.gov), Ohio Department of Health (odh.ohio.gov), Ohio Department of Taxation, Lifebanc, Ohio State Bar Association. This guide is reviewed periodically and updated when laws change. Last full review: June 2026.

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