our father is here in toledo but lives in florida but dont have a will what happens if he passes away here in ohio dont think hes going back to fla.

You do not give many details in your question, so I am assuming that you are concerned about what happens to your father's property if he passes away in Ohio without a will. When a person dies, that person's estate often needs to be settled in probate court. The person's "estate" consists of everything he or she owned at death. "Settling" the estate means gathering assets, paying final debts, and then passing what property is left to the people named in the will (if the person left a will) or to heirs (if there is no will). In order to settle your father's estate after his death, you will need to go to the probate court located in the county where he dies. If this happens in Ohio, because he does not have a will, your father's property will pass to his heirs according to Ohio law. In addition to going through probate in Ohio, you may also need to open an estate in Florida, depending on what your father owns at his death. If he owns real estate in Florida, only the probate court in Florida can allow that property to be transferred. In that case, you will need to probate his estate in two states. This is called "ancillary administration," or the process of distributing part of a deceased person's property in a jurisdiction other than that of the main administration, where the deceased person lived at death. You do not say whether or not your father is competent to make a will. If he is able to make a will, I suggest that you encourage him to hire an attorney to write one for him. By making a will, he can determine who will get his property rather than leaving it up to state law. He can also name a person who will be responsible for managing his estate through the probate process. If he has a will, it will make the probate process in both states much easier for your family. Tonya R. Coles Elder Law - Estate Planning - Probate tonyacoles.com