Q: I need a certificate of heirship for my great grandmother died in Ohio . She wasn't probated. What documents do I need?
She had 3 sons and two daughters. My grandfather was one. He died and it went to his wife, my grandmother then to her children, two aunts gave me their share. I only need to prove heirship to my great grandmother I have the rest. Thank you
Who are you trying to prove heirship to? In Ohio determination of heirship is governed by Chapter 2123 of the Ohio revised Code. An action would need to be filed with the probate court to initiate those proceedings. It also may depend on what assets you are seeking to obtain. Assets that pass via a Will, or through the rules of descent and distribution are typically the only items which would be subject to such proceedings.
This can be a complex process and too detailed for this forum. I recommend sitting down with an experienced Ohio attorney (in person or through video conference) to discuss the situation in detail. The probate court with jurisdiction would be the County where your great grandmother lived when she passed, or where the item is located (for real estate e.g.).
A: I'm sorry, but your question doesn't contain enough detail. You say nothing about your father or mother, whether you have already acquired his or her interest. If your great-grandmother had 5 children and had no Will (or the Will was not probated and is now lost), the property would have gone equally to all 5, and continued down each of the 5 lines of descendants. If you are an only child, you should be able to probate the estate of your parent to get his or her share, but If you are trying to get the shares of the other 4 lines of descendants, in addition to that of your father or mother, that will be a complex undertaking, even if you are the only remaining descendant of your great grandmother. Shared property ownership in third and fourth generations is always problematical if not properly planned and documented.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.