Who Shares in an Ohio Wrongful-Death Settlement? A 2023 Law Changes the Rules for Extended Family

Published March 21, 2023 · New Laws

When a family loses someone in a crash, the wrongful-death case usually ends not in a courtroom but in a probate court hearing, where a judge approves the settlement and decides how the money is divided. Until now, a grandmother, a brother, or an aunt who was close to the person who died could show up at that hearing years later and ask for a share. A new law changes that.

House Bill 279, passed by the 134th General Assembly and signed in January, takes effect April 4, 2023. It applies to deaths that occur on or after that date. If you are the parent, spouse, or child of someone who dies, nothing about your right to notice changes. If you are a more distant relative, you will have a two-year window to protect your place in the process.

How an Ohio wrongful-death settlement works today

Ohio's wrongful-death statute, R.C. 2125.02, requires the case to be brought by the personal representative of the person who died, meaning the executor or administrator appointed by the probate court. The representative does not keep the money. The case is brought for the exclusive benefit of the surviving spouse, the children, and the parents, all of whom the law presumes suffered damages, and also for the benefit of the "other next of kin," who must prove their losses.

The damages can include loss of financial support, loss of services, loss of society and companionship, loss of prospective inheritance, and the mental anguish of the survivors. We explained those categories, and how they are valued, in our guide chapter on what your case is worth.

The representative can settle the claim, but only with the consent of the probate court that made the appointment. Under the Supreme Court of Ohio's rules for probate practice, the representative files an application to approve the settlement and its distribution, and everyone who is an "interested person" is entitled to notice of the hearing. At that hearing, the court divides the money among the beneficiaries. R.C. 2125.03 directs the court to adjust each share in a manner that is equitable, considering each beneficiary's injury and loss from the death and each one's age and condition. Our post on how wrongful-death damages are divided among family members walks through that process in more detail.

The problem the new law addresses

A wrongful-death lawsuit must be filed within two years after the death. But filing the case and finishing it are two different things. Serious cases often take longer than two years to settle, and by then the family may have been told the case is resolved, only to learn that extended relatives must be located and notified before the court can approve the distribution. Finding and serving every cousin, half-sibling, or grandparent can delay payment to the people who depended on the person who died.

What H.B. 279 changes

Based on the amended statute and the Legislative Service Commission's final analysis of the bill, here is how the rules work for deaths on or after April 4, 2023:

• Immediate family always get notice. The surviving spouse and any surviving child or parent are interested persons no matter when the settlement application is filed.
• Extended family get notice within the first two years. If the application to approve the settlement is filed on or before the two-year anniversary of the death, all other next of kin are interested persons entitled to notice.
• After two years, extended family must have filed a notice of claim. If the application is filed later than two years after the death, other next of kin are interested persons only if they filed a written notice of claim with the probate court within two years after the death. The notice must include the person's name, address, telephone number, and relationship to the person who died.
• "Other next of kin" is defined. The amended statute defines the term as the nearest surviving relatives after accounting for the parents, children, and spouse.

The law also makes clear what it does not change. Filing a notice of claim does not prove damages; extended family members still carry the burden of proving their losses, and the presumption that a spouse, children, and parents suffered damages remains. The two-year deadline to file a wrongful-death lawsuit stays the same, and so do the categories of damages. The bill also makes related changes to R.C. 2125.03 and 2125.04.

Who is affected

For most families we represent, the change will make settlements cleaner and faster. The spouse, children, and parents remain entitled to notice and keep the legal presumption that they were harmed.

The people who need to pay attention are grandparents, brothers and sisters, and other relatives who had a real relationship with the person who died, particularly when there is no surviving spouse or child, or when a relative helped raise or support the person who died. Under the new law, if a settlement application might be filed more than two years after the death, those relatives should file a written notice of claim with the probate court before the two-year mark. Waiting to see how the case turns out can mean losing the right to be heard.

Because the new rules apply only to deaths on or after April 4, 2023, families of people who died before that date continue under the existing law.

What this means for you

If you lose a loved one after April 4, two dates matter from the very beginning: the two-year deadline to file the wrongful-death lawsuit, and, for extended family, the two-year deadline to file a notice of claim with the probate court. Our guide to deadlines and the timeline of an Ohio injury case explains why acting early matters, and our 2011 post on who can bring a wrongful-death claim in Ohio covers the basics of the claim itself.

A wrongful-death case has two sides: the claim against the people responsible and the probate proceeding that approves and divides the recovery. We handle both. See our wrongful death practice page for how we work with families.