Ft Mitchell, KY asked in Estate Planning and Probate for Ohio

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

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2 Lawyer Answers
Andrew Popp
Andrew Popp
Answered
  • Estate Planning Lawyer
  • Cuyahoga Falls, OH
  • Licensed in Ohio

A: 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.).

Aaron Epling and C. Lawrence Huddleston III agree with this answer

C. Lawrence Huddleston III
C. Lawrence Huddleston III
Answered
  • Estate Planning Lawyer
  • Columbus, OH
  • Licensed in Ohio

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.

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