The Ohio Table of Heirship form is a document that maps a deceased person’s family tree so a court or state agency can identify who inherits. Which version you need depends on why you need it. For a probate case, the equivalent is the Ohio Supreme Court’s Form 1.0, titled “Surviving Spouse, Children, Next of Kin, Legatees and Devisees.”1Supreme Court of Ohio. Form 1.0 – Surviving Spouse, Children, Next of Kin, Legatees and Devisees For a claim on unclaimed funds held by the state on behalf of someone who has died, the Ohio Department of Commerce publishes a form actually called the Table of Heirship, usable only for claims under $3,000.2Ohio Department of Commerce. Table of Heirship
Which Version You Need
If you are opening or participating in a probate case, download Form 1.0 from the Ohio Supreme Court’s decedent estate forms page.3Supreme Court of Ohio. Decedent’s Estate Forms Many county probate courts also publish a local version with extra fields the local judge requires, so check your county court’s website before defaulting to the statewide form.
If you are trying to collect unclaimed funds for a deceased owner, use the Table of Heirship from the Division of Unclaimed Funds. That form is only for claims under $3,000. For anything larger, the Division will not accept the Table of Heirship route; you need a court-appointed executor or administrator and standard probate filings.4Ohio Department of Commerce. Claiming On Behalf of a Deceased Person
One point of frequent confusion: Form 4.3 is not the Table of Heirship. Form 4.3 is the Waiver of Right to Administer, a separate document.5Supreme Court of Ohio. Form 4.3 – Waiver of Right to Administer
Who Counts as an Heir Under Ohio Law
Before you can fill out either form, you need to know which relatives Ohio law treats as heirs. The Table of Heirship follows the hierarchy in Ohio Revised Code 2105.06, the statute the probate court uses to decide who inherits when there is no valid will.6Ohio Legislative Service Commission. Ohio Revised Code 2105.06 – Statute of Descent and Distribution The order works like this:
- Surviving spouse, and all children are also the spouse’s children: the spouse inherits everything.
- Surviving spouse plus one child who is not the spouse’s child: the spouse receives the first $20,000 plus half the remainder; the child or that child’s descendants receive the rest.
- Surviving spouse plus multiple children where not all are the spouse’s children: the spouse receives the first $60,000 if the spouse is a parent of at least one child, or the first $20,000 if the spouse is a parent of none, plus one-third of the remaining balance; the children split the rest equally.
- No surviving spouse: everything goes to the children equally, or to the descendants of a deceased child by representation.
- No spouse and no children or descendants: the estate passes to the decedent’s parents equally, or to the surviving parent.
- No spouse, children, or parents: siblings inherit, including half-siblings, or their descendants by representation.
- No siblings or their descendants: the estate splits between paternal and maternal grandparents, then their descendants, then more distant kin, then stepchildren.
- No heirs at all: the estate escheats to the State of Ohio.
Even relatives who are not legal heirs under this order may still appear on the probate form, because the court wants a complete picture of the family. The hierarchy tells you who the law treats as a taker; the form tells the court who exists.
Filling Out Form 1.0 for Probate
Form 1.0 asks for the name, address, and relationship of every person with a potential legal interest in the estate. Start with the decedent’s full legal name and exact date of death. Then work through the family tree in order, closest relatives first.
List the surviving spouse, followed by all children, including adopted children and the descendants of any child who died before the decedent. Give each person’s full name, mailing address, and relationship to the deceased. If there is a will, you also list every person named as a beneficiary, whether or not they are related by blood. The form covers both intestate heirs and will beneficiaries, so it works whether or not a will exists.1Supreme Court of Ohio. Form 1.0 – Surviving Spouse, Children, Next of Kin, Legatees and Devisees
If no immediate family survives, keep going down the hierarchy: parents, siblings, grandparents, further kin. Note any listed person who is a minor or who has a guardian, because the court may need to appoint representation for them. Do not leave lines blank. If a category of relative does not exist, say so on the form. Ambiguity or gaps in the family tree are one of the fastest ways to stall a probate case.
Filling Out the Unclaimed Funds Table of Heirship
The Commerce Department’s form is more structured. It breaks the family tree into five numbered sections, and asks you to list all known relatives in each section, not only the ones you think inherit.2Ohio Department of Commerce. Table of Heirship
- Section 1, Spouses: every current or former spouse, living or dead. Full name including maiden name, date of marriage, date of birth, and date of death if applicable. If the owner never married, write “None.”
- Section 2, Children: every child, living or dead, with date of birth, date of death if applicable, and the name of the child’s parent from Section 1.
- Section 3, Grandchildren: same format, linked to the parent in Section 2.
- Section 4, Parents: both of the deceased owner’s parents, living or dead, with dates of birth and death.
- Section 5, Brothers and sisters: every sibling, living or dead. If none, write “None.”
At the top of the form, enter the deceased owner’s name, date of death, and the Property ID from the claim details page you printed with your claim form. If you run out of space, attach a second copy and note which sections the extra names belong to.
Signing and Supporting Documents
The Commerce Department’s Table of Heirship does not require notarization. The signer declares under penalty of perjury that the statements are true and correct, and false statements can result in denial of the claim. The form asks for a printed name, a signature, and the date.2Ohio Department of Commerce. Table of Heirship A separate point to be aware of: for unclaimed funds claims of $5,000 or more, the claim form itself does require a notarized signature, but that notarization requirement applies to the claim form, not to the Table of Heirship.4Ohio Department of Commerce. Claiming On Behalf of a Deceased Person
Along with the Table of Heirship, an unclaimed funds claim requires a certified unredacted death certificate of the deceased property owner, and the Division may request more documents after review. If no court has appointed an executor or administrator, all of the decedent’s children must be listed on the claim, and each sibling must sign a written waiver authorizing the designated heir to file and receive payment.4Ohio Department of Commerce. Claiming On Behalf of a Deceased Person
For probate filings, signing rules depend on your county. Some probate courts require Form 1.0 to be signed before a notary or a deputy clerk at the court; others accept an unsworn signature. Bring a valid government-issued photo ID either way, because the clerk’s office verifies your identity.
Filing with the Probate Court
Submit the completed Form 1.0 and the other opening estate documents to the Clerk of the Probate Court in the county where the decedent lived at death. Most courts accept hand-delivery or mail, and some now accept electronic filing. Call ahead to confirm what your county accepts.
Opening a full estate administration also requires a cost deposit. Amounts vary by county, generally landing somewhere in the $125 to $250 range for the initial deposit.7Franklin County Probate Court. Court Costs8Cuyahoga County Probate Court. Probate Court Fees9Mahoning County, OH. Filing Fees10Delaware County Probate Court. Filing Fees – Probate Confirm the exact amount and payment methods with your clerk before you go.
What Happens After You File
Once the clerk accepts and stamps the filing, the probate court reviews the documents for completeness and uses the names and addresses on your heir listing to issue formal notices. When a will has been admitted to probate, the fiduciary must send notice to the surviving spouse, anyone who would inherit under intestate succession, and every beneficiary named in the will, all within two weeks of the will’s admission. A certificate proving notice was given must be filed within two months of the fiduciary’s appointment.11Ohio Legislative Service Commission. Ohio Revised Code 2107.19 – Notice of Admission of Will to Probate
That notice period gives heirs a chance to waive their rights or object if they believe the heir listing is wrong or the will is invalid. Creditors also have a window. Under Ohio law, creditors must present claims within six months of the decedent’s death, whether or not an executor has been appointed in that time; a claim not filed within six months is permanently barred.12Ohio Legislative Service Commission. Ohio Revised Code 2117.06 – Presenting Claims Against an Estate The estate cannot make final distributions until that window closes or known creditors are resolved.
If You Discover an Heir Later
If you learn of an additional relative or heir after filing, submit an amended form to update the court’s records. This is not rare. A previously unknown child, a sibling the family lost touch with, a grandchild whose name was accidentally dropped. File the amendment as soon as you learn of the error. Waiting until the final account stage to disclose a missing heir creates serious complications and can delay closing.
Omitting an heir, by accident or on purpose, can lead the court to reopen the estate after it has been closed. An interested party can petition the probate court that originally handled the case if the initial handling was flawed or new family information has surfaced. Ohio law sets deadlines for certain estate contests, so an heir who discovers they were left off the form should act quickly.
When You May Not Need Form 1.0 at All
Not every estate needs full probate administration. Ohio allows a simpler process called relief from administration for smaller estates. An estate qualifies if its total asset value is $35,000 or less, or $100,000 or less when the surviving spouse inherits everything, either because the will leaves the entire estate to the spouse or because the spouse takes everything under intestate succession.13Ohio Legislative Service Commission. Ohio Revised Code 2113.03 – Court May Order Estate Released From Administration An interested party files an application, notice goes to the surviving spouse and heirs, and the court can release the estate without appointing a full fiduciary.
Real property can also skip probate entirely through a transfer-on-death designation. If the decedent recorded a transfer-on-death affidavit before dying, the named beneficiaries take title automatically with no probate filing. The beneficiary takes subject to any existing liens, and if no designated beneficiary survives the owner, the property falls back into the probate estate.14Ohio Legislative Service Commission. Ohio Revised Code 5302.23 – Designating Transfer on Death Beneficiary Check for these alternatives before committing to a full administration.