When a loved one passes away, the probate process helps ensure their assets are distributed according to their will or Ohio law. But what happens when a beneficiary named in the will has also died? This is a common issue in Ohio probate, and understanding how the law handles it can help families avoid confusion and delays.

Ohio has specific rules that determine where the deceased beneficiary’s share goes. In some cases, the share passes to the beneficiary’s descendants. In others, it may return to the estate and be distributed among surviving beneficiaries. The outcome depends on the terms of the will and Ohio’s anti-lapse statute. At Fred P. Ramos Law Office, we can provide legal assistance to the Independence community and guide families through these complicated situations.

What Happens When a Beneficiary Passes Away Before the Will Maker?

A beneficiary who dies before the person writing the will (the testator) cannot typically receive their inheritance. What happens next depends on two main factors:

1. Did the Will Give Instructions for This Situation?

Many wills include “contingent beneficiary” provisions.

 This allows the testator to name a backup beneficiary who will inherit if the primary beneficiary is no longer alive. If such instructions exist, the court will follow them.

2. Does Ohio’s Anti-Lapse Statute Apply?

If the will does not provide instructions, Ohio’s anti-lapse law helps determine who receives the share.

Under Ohio law, if the deceased beneficiary was:

• A child or other descendant of the testator, or
• A sibling of the testator,

then their share may pass to their own descendants (such as their children), unless the will clearly states otherwise.

This prevents the inheritance from “lapsing” and returning to the estate.

When the Anti-Lapse Statute Does Not Apply

If the deceased beneficiary was not a descendant or sibling—such as a friend, distant relative, or unrelated person—the inheritance usually lapses.
This means the share goes back into the estate and is divided among the remaining beneficiaries based on the will’s instructions.

If the will does not state how a lapsed share should be handled, Ohio’s laws of intestate succession may apply.

What If the Beneficiary Dies During Probate?

Sometimes a beneficiary is alive when probate begins but dies before receiving their inheritance. In this situation, their share becomes part of their own estate, and their heirs or beneficiaries would receive it through their estate’s probate process.

This can cause probate to take longer, as the court must coordinate with the second estate.

Why These Situations Can Complicate Probate

A deceased beneficiary can create confusion about:

• Who inherits the lapsed share
• Whether the anti-lapse rule applies
• How to interpret unclear or outdated will language
• Whether multiple estates must now be opened

These issues often require legal guidance to resolve.

At Fred P. Ramos Law Office, we assist families in the Independence area with understanding their rights, managing unexpected probate complications, and ensuring the estate is distributed correctly under Ohio law.