Many married couples assume they don’t need a will because everything will automatically go to their spouse.
While that may seem like a reasonable assumption, the reality is often more complicated.
A will gives you the opportunity to clearly express your wishes, protect your loved ones, and make important decisions that Ohio law may not make the way you would have wanted.
The information in this article is based on Ohio law, including the Ohio Revised Code, and is intended to provide a general overview of wills and estate planning in Ohio.
Does Everything Automatically Go to Your Spouse?
Not always.
Ohio has laws that determine how property is distributed when someone dies without a valid will. These laws are known as intestate succession laws.
Depending on your family situation, your spouse may inherit all, some, or only part of your estate.
For example, the outcome may be different if you:
- Have children together
- Have children from a previous relationship
- Have surviving parents
- Own certain assets jointly or individually
Because every family’s circumstances are unique, it’s important not to assume that everything will automatically pass to your spouse.
A will allows you to decide how your property should be distributed after your death.
What Does a Will Actually Do?
It can also allow you to:
- Name who should receive your assets
- Appoint an executor to carry out your wishes
- Name a guardian for minor children
- Help reduce confusion among family members
- Provide clear instructions that can make the probate process smoother
Rather than leaving these decisions to Ohio law, a will allows you to make them yourself.
Why Married Couples Often Benefit From Having a Will
Even if you have a simple estate, a will can provide valuable peace of mind.
1. You Have Children
If you have minor children, a will allows you to nominate the person you would like to serve as their guardian if both parents pass away.
While the court ultimately makes the final decision, your wishes can provide important guidance.
2. You Have a Blended Family
If either spouse has children from a previous relationship, estate planning becomes especially important.
A will can help ensure your wishes are clearly documented and reduce the potential for confusion or disputes later.
3. You Own Property
Whether it’s your family home, investment property, or personal belongings, a will allows you to specify how you’d like those assets distributed.
4. You Want to Make Things Easier for Your Family
Losing a loved one is difficult enough.
Having a clear estate plan can help reduce uncertainty and make the administration of your estate more straightforward for those you leave behind.
What Happens If You Die Without a Will?
If you die without a valid will in Ohio, the state’s intestate succession laws determine who inherits your estate.
While these laws are designed to provide a framework for distributing assets, they may not reflect your personal wishes or your family’s unique circumstances.
Without a will, you also lose the opportunity to choose your executor or express your preferences regarding guardianship for minor children.
Is a Will the Only Estate Planning Document You Need?
Not necessarily.
A will is an important part of an estate plan, but many people also benefit from documents such as:
- Financial Power of Attorney
- Healthcare Power of Attorney
- Living Will
- Trusts (when appropriate)
Together, these documents can help ensure your wishes are respected both during your lifetime and after your death.
Frequently Asked Questions
If everything is jointly owned, do we still need a will?
Joint ownership may allow certain assets to transfer directly to the surviving owner, but not all assets are jointly owned. A will can address property that does not automatically transfer and help ensure your wishes are carried out.
Can my spouse make decisions for me if I’m still alive?
Not automatically.
A will only takes effect after death. If you become unable to make financial or medical decisions while you’re living, documents such as a financial power of attorney and healthcare power of attorney may be needed.
Can we create wills together?
Married couples often prepare estate planning documents at the same time so they work together, but each spouse typically signs their own individual will.
Planning Ahead Can Protect the People You Love
Creating a will isn’t about expecting the worst—it’s about preparing for the future and making life a little easier for the people you care about.
Whether you’ve recently gotten married, started a family, or simply haven’t updated your estate plan in years, taking the time to create a will can provide clarity and peace of mind.
If you have questions about creating a will or developing a comprehensive estate plan, the attorneys at Smith & Webb are here to help.
References
- Ohio Revised Code: https://codes.ohio.gov/ohio-revised-code/chapter-2107
- Ohio Revised Code: https://codes.ohio.gov/ohio-revised-code/section-2105.06
Disclaimer
This article provides general information based on Ohio law, including the Ohio Revised Code, and is intended for educational purposes only. It should not be considered legal advice and does not create an attorney-client relationship. Every situation is unique. If you have questions about your specific circumstances, consult with a qualified attorney.
