Ohio's New Wrongful Death Notice Law (H.B. 279) Takes Effect: What Extended Family Members Need to Know

Published April 20, 2023 · New Laws

A death in the family touches many people. Brothers and sisters, grandparents, aunts and uncles, and others may feel the loss deeply. Ohio's wrongful death statute has always recognized that some of those relatives can share in a wrongful death recovery. A new law changes the timing rules for them.

House Bill 279 of the 134th General Assembly was signed by the Governor on January 3, 2023 and took effect on April 4, 2023. It passed both chambers without a single "no" vote. It applies only to deaths that occur on or after April 4, 2023. This post explains what changed, based on the bill, the updated statute, and the Legislative Service Commission's final analysis.

The basic rule has not changed

A wrongful death action in Ohio is still brought by the personal representative of the estate. Under R.C. 2125.02(A), it is brought for the exclusive benefit of the surviving spouse, the children, and the parents, all of whom are presumed to have suffered damages, and for the exclusive benefit of the "other next of kin." Our chapter on who can bring a claim explains these groups.

The two-year deadline to file a wrongful death action also remains. It now appears in R.C. 2125.02(F)(1) because the statute's divisions were re-lettered. Our chapter on deadlines explains it.

What "other next of kin" means

The new law adds a definition. For deaths on or after April 4, 2023, "other next of kin" means "the nearest surviving relatives to the decedent after accounting for the parents, children, or spouse." Depending on the family, that can include siblings, grandparents, or others.

Who gets notice of a settlement hearing

Under the Ohio Rules of Superintendence, a wrongful death settlement must be approved by the probate court, and "interested persons" are entitled to notice of the hearing. Our probate chapters on approving a settlement and notices and duties explain that process. H.B. 279 now tells the court who those interested persons are:

• The spouse, children, and parents are always interested persons, no matter when the settlement application is filed.
• Other next of kin are interested persons if the settlement application is filed within two years after the death.
• If the application is filed more 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 of claim must include the relative's name, address, telephone number, and relationship to the person who died.

Why this matters

As the Legislative Service Commission's analysis notes, a wrongful death action generally must be filed within two years, but settlements may, and often do, occur much later. The new rule draws a clear line for extended family at the two-year mark. It also puts a burden on extended family members to act within two years if they want to remain part of the process.

The law does not change two important things:

• Extended family must still prove their damages. Unlike the spouse, children, and parents, other next of kin are not presumed to have suffered damages. Filing a notice of claim preserves a relative's right to notice; it does not prove that relative's loss.
• The presumption for immediate family remains. The spouse, children, and parents are still presumed to have been harmed by the death.

Practical steps for families

For extended family members. If someone close to you died on or after April 4, 2023, and you believe you suffered real loss, such as a sibling who was a daily presence in your life or a grandparent who helped raise you, consider filing a written notice of claim with the probate court handling the estate within two years after the death. It is a short filing, but the deadline matters.

For personal representatives. Keep an accurate list of the spouse, children, parents, and other next of kin, and track the two-year date. If a settlement application will be filed after two years, check the probate court's file for any notices of claim.

For everyone. Talk early. Disagreements within families are easier to manage when everyone knows the rules from the start. Our overview of Ohio wrongful death law is a good place to begin.

How the money is shared

H.B. 279 does not change the basic rule for dividing a recovery. Under R.C. 2125.03, the amount received is distributed to the beneficiaries. Unless all of the beneficiaries are related to the person who died in the same degree and agree among themselves, the court adjusts each share in a way that is equitable, considering each person's loss and their age and condition.