reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.09 | Estate by Curtesy Abolished.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The estate by the curtesy is abolished; but sections 2103.01 to 2103.09, inclusive, of the Revised Code shall not affect vested rights nor any section of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.01 | No Distinction Between Ancestral and Nonancestral or Real and Personal Property.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In intestate succession, there shall be no difference between ancestral and nonancestral property or between real and personal property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.02 | Construction of Living and Died.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
When, in this chapter, a person is described as living, it means that the person was living at the time of the death of the intestate from whom the estate came and that the person lived for at least one hundred twenty hours following the death of the intestate, and when a person is described as having died, it means that the person died before such intestate or that the person failed to live for at least one hundred twenty hours following the death of the intestate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.03 | Determination of Next of Kin.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In the determination of intestate succession, next of kin shall be determined by degrees of relationship computed by the rules of civil law.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.04 | Permanent Leases to Descend Same as Estates in Fee.

Effective:
May 16, 2002
Latest Legislation:
House Bill 242 - 124th General Assembly
Permanent leasehold estates, renewable forever, are subject to Chapter 2105. of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.051 | Advancements - Time of Valuation.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a person dies, property that the person gave during the person's lifetime to an heir shall be treated as an advancement against the heir's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, property advanced is valued as of the time the heir came into possession or enjoyment of the property, or as of the time of death of the decedent, whichever occurs first. If the heir does not survive the decedent, the property shall not be taken into account in computing the intestate share to be received by the heir's issue, unless the declaration or acknowledgment provides otherwise.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.052 | Debts Owed to Decedent.

Effective:
January 1, 1976
Latest Legislation:
Senate Bill 145 - 111th General Assembly
Any debt owed to a decedent shall not be charged against the intestate share of any person except the debtor. If the debtor fails to survive decedent, the debt shall not be taken into account in computing the intestate share of the debtor's issue.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.061 | Real Property Subject to Monetary Charge of Surviving Spouse.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 152 - 123rd General Assembly
Except any real property that a surviving spouse elects to receive under section 2106.10 of the Revised Code, the title to real property in an intestate estate shall descend and pass in parcenary to those persons entitled to it under division (B), (C), or (D) of section 2105.06 of the Revised Code, subject to the monetary charge of the surviving spouse. The administrator or executor shall file an application for a certificate of transfer as provided in section 2113.61 of the Revised Code, and the application shall include a statement of the amount of money that remains due and payable to the surviving spouse as found by the probate court. The certificate of transfer ordered by the probate court shall recite that the title to the real property described in the certificate is subject to the monetary charge in favor of the surviving spouse and shall recite the value in dollars of the charge on the title to the real property included in the certificate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.062 | Children Conceived as Result of Rape or Sexual Battery.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
As used in this section, "relative" includes a parent, grandparent, great-grandparent, stepparent, child, grandchild, aunt, uncle, cousin, sibling, and half sibling.
The parent, or a relative of the parent, of a child who was conceived as the result of the parent's violation of section 2907.02 or 2907.03 of the Revised Code shall not inherit the real property, personal property, or inheritance of the child or the child's lineal descendants as provided under section 2105.06 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.07 | Escheat of Personal Estate.

Effective:
May 16, 2002
Latest Legislation:
House Bill 242 - 124th General Assembly
When, under Chapter 2105. of the Revised Code, personal property escheats to the state, the prosecuting attorney of the county in which letters of administration are granted upon such estate shall collect and pay it over to the county treasurer. Such estate shall be applied exclusively to the support of the common schools of the county in which collected.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.08 | Application of Provisions Relating to Escheating Estates.

Effective:
May 16, 2002
Latest Legislation:
House Bill 242 - 124th General Assembly
Chapter 2105. of the Revised Code applies to any escheating estate of which possession has not been taken, or which has not been collected by the proper officers of the state or those acting under their authority. Right or claim of the state thereto is hereby relinquished to the person who would have been entitled thereto had such sections been in force when the intestate died.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.11 | Estate to Descend Equally to Children of Intestate.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a person dies intestate leaving children and none of the children of the intestate have died leaving children or their lineal descendants, the estate shall descend to the children of the intestate living at the time of the intestate's death in equal proportions.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.12 | Descent When All Descendants of Equal Degree of Consanguinity.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When all the descendants of an intestate, in a direct line of descent, are on an equal degree of consanguinity to the intestate, the estate shall pass to such persons in equal parts, however remote from the intestate such equal and common degree of consanguinity may be.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.13 | Descent When Children and Heirs of Deceased Children Are Living.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If some of the children of an intestate are living and others are dead, the estate shall descend to the children who are living and to the lineal descendants of the children who are dead, so that each child who is living will inherit the share to which the child who is living would have been entitled if all the children of the intestate were living, and the lineal descendants of the deceased child will inherit equal parts of that portion of the estate to which the deceased child would be entitled if the deceased child were living.
This section shall apply in all cases in which the descendants of the intestate, not more remote than lineal descendants of grandparents, entitled to share in the estate, are of unequal degree of consanguinity to the intestate, so that those who are of the nearest degree of consanguinity will take the share to which they would have been entitled, had all the descendants in the same degree of consanguinity with them who died leaving issue, been living.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.14 | Child Conceived Before Intestate's Death.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 232, House Bill 432 - 131st General Assembly
N o descendant of an intestate shall inherit under this chapter unless s urviving the intestate for at least one hundred twenty hours, or unless born within three hundred days after the death of the intestate and living for at least one hundred twenty hours after birth.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.15 | Designation of Heir at Law.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A person of sound mind and memory may appear before the probate judge of the person's county and in the presence of the judge and two disinterested persons of that person's acquaintance, file a written declaration declaring that, as the person's free and voluntary act, the person did designate and appoint another, stating the name and place of residence of the other person specifically, to stand toward the person in the relation of an heir at law in the event of the person's death. The declaration shall be attested by the two disinterested persons and subscribed by the declarant. If satisfied that the declarant is of sound mind and memory and free from restraint, the judge shall enter that fact upon the judge's journal and make a complete record of the proceedings. From then on the person designated will stand in the same relation, for all purposes, to the declarant as the person designated could if a child born in lawful wedlock. The rules of inheritance will be the same between the person designated and the relations by blood of the declarant, as if so born. A certified copy of the record will be prima-facie evidence of the fact stated in the record, and conclusive evidence, unless impeached for actual fraud or undue influence. After a lapse of one year from the date of the designation, the declarant may have the designation vacated or changed by filing in that probate court an application to vacate or change the designation of heir; provided that there is compliance with the procedure, conditions, and prerequisites required in the making of the original declaration.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.16 | Heirs of Aliens May Inherit - Aliens May Hold Lands.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
No person who is capable of inheriting shall be deprived of the inheritance by reason of any of the person's ancestors having been aliens. Except as provided in section 5301.256 of the Revised Code, aliens may hold, possess, and enjoy real property within this state, either by descent, devise, gift, or purchase, as fully as any citizen of the United States or of this state may do.
Last updated September 20, 2023 at 1:02 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.17 | Children Born Out of Wedlock.

Effective:
January 1, 1976
Latest Legislation:
Senate Bill 145 - 111th General Assembly
Children born out of wedlock shall be capable of inheriting or transmitting inheritance from and to their mother, and from and to those from whom she may inherit, or to whom she may transmit inheritance, as if born in lawful wedlock.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.20 | Waste by Tenant for Life.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A tenant for life in real property who commits or suffers waste thereto shall forfeit that part of the property, to which such waste is committed or suffered, to the person having the immediate estate in reversion or remainder and such tenant will be liable in damages to such person for the waste committed or suffered thereto.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.25 | Filing Declaration Alleging Fatherhood of Adult Child.

Effective:
October 31, 2001
Latest Legislation:
House Bill 85 - 124th General Assembly
(A) As used in this section and section 2105.26 of the Revised Code:
(1) "Adult child" means a person born in this state who is twenty-three years old or older.
(2) "Genetic test" has the same meaning as in section 3111.09 of the Revised Code.
(B) A man alleging himself to be the father of an adult child, the adult child's mother, and the adult child may appear together before the probate judge of the county in which the man resides and jointly file a declaration stating that the man is the adult child's father and requesting that the court issue an order declaring the man to be the adult child's father. The declaration must state that the adult child's birth certificate does not designate anyone as the adult child's father, the request for the order is made freely and voluntarily by all parties appearing before the court, and genetic test results show the man is the adult child's father. A copy of the birth certificate and the genetic test results must be attached to the declaration.
(C) The man alleging himself to be the adult child's father and the adult child may appear before the court without the adult child's mother and file the declaration if the mother is deceased or has been adjudicated incompetent. If the man alleging himself to be the adult child's father is not a resident of this state, appearance under this section may be made before a probate judge of any county of this state.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.26 | Order Declaring Fatherhood of Adult Child.

Effective:
October 31, 2001
Latest Legislation:
House Bill 85 - 124th General Assembly
(A) If the probate court determines the following, it shall issue the order requested under section 2105.25 of the Revised Code declaring the man alleging himself to be the father of the adult child to be the adult child's father:
(1) The order was freely and voluntarily requested.
(2) No person is designated as the father on the birth certificate of the adult child.
(3) Genetic test results show that the man is the father of the adult child.
(4) It is in the best interests of the man and adult child that the order be issued.
(B) As part of the order, the court shall order the adult child's birth certificate to be changed to designate the man as the adult child's father.
(C) After issuance of an order under this section, the adult child shall be considered the child of the man declared to be the father as if born to him in lawful wedlock, except that the adult child and the adult child's mother shall not be awarded child support from the man for the time the adult child was a minor.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.31 | Uniform Simultaneous Death Act Definitions.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
As used in sections 2105.31 to 2105.40 of the Revised Code:
(A) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more individuals to the whole of the property or account on the death of the other individual or individuals.
(B) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with a transfer-on-death designation or the abbreviation TOD, account with a payable-on-death designation or the abbreviation POD, transfer-on-death designation affidavit, pension, profit-sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type.
(C) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency, political subdivision or instrumentality, or any other person authorized or obligated by law or a governing instrument to make payments or transfers.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.32 | Person Is Deemed to Have Predeceased Another Person.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) Except as provided in section 2105.36 of the Revised Code, if title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or allowance for support depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by one hundred twenty hours is deemed to have predeceased the other individual.
(B) This section does not apply if its application would result in a taking of an intestate estate by the state.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.33 | Person Deemed to Have Predeceased Specified Event.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Except as provided in section 2105.36 of the Revised Code, an individual who is not established by clear and convincing evidence to have survived an event by one hundred twenty hours is deemed to have predeceased the event for purposes of a provision of a governing instrument that relates to the individual surviving an event, including the death of another individual.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.34 | Co-Owners With Right of Survivorship.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Except as provided in section 2105.36 of the Revised Code, the following shall apply:
(A) If it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property or account passes as if one co-owner had survived the other co-owner by one hundred twenty hours, and one-half of the property or account passes as if the other co-owner had survived the one co-owner by one hundred twenty hours.
(B) If there are more than two co-owners with right of survivorship and it is not established by clear and convincing evidence that at least one of the co-owners survived the others by one hundred twenty hours, the property or account passes in the proportion that one co-owner's ownership bears to the ownership of the whole number of co-owners.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.36 | Provisions of Governing Instrument.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Survival by one hundred twenty hours is not required if any of the following applies:
(A) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster, and that language is operable under the facts of the case.
(B) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by any specified period, or expressly requires the individual to survive the event for a specified period, but the survival of the event for the specified period shall be established by clear and convincing evidence.
(C) The imposition of a one-hundred-twenty-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under section 2131.08 of the Revised Code, but the survival shall be established by clear and convincing evidence.
(D) The application of a one-hundred-twenty-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition, but the survival shall be established by clear and convincing evidence.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.38 | Retroactivity.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) Sections 2105.31 to 2105.40 of the Revised Code do not impair any act done in any proceeding, or any right that accrued, before the effective date of the amendment of this section. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of time that has commenced to run, prior to the effective date of the amendment of this section, under any provision of the Revised Code, the provision of the applicable section of the Revised Code applies with respect to that right.
(B) Any rule of construction regarding any provision of a governing instrument that is provided in sections 2105.31 to 2105.40 of the Revised Code applies to any governing instrument that is executed prior to the effective date of the amendment of this section, unless there is a clear indication of a contrary intent in the governing instrument.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.39 | Uniformity of Laws.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Sections 2105.31 to 2105.40 of the Revised Code shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of those sections among the states enacting the law.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2105 | Descent and Distribution › Section 2105.40 | Citation.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
Sections 2105.31 to 2105.40 of the Revised Code may be cited as the uniform simultaneous death act.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.02 | Citation to Make Election.

Effective:
April 8, 2004
Latest Legislation:
House Bill 51 - 125th General Assembly
(A) The citation to make the election referred to in section 2106.01 of the Revised Code shall be served on the surviving spouse pursuant to Civil Rule 73. Notice that the citation has been issued by the court shall be given to the administrator or executor of the estate of the deceased spouse.
(B) The citation shall be accompanied by a general description of the effect of the election to take under the will or under section 2105.06 of the Revised Code and the general rights of the surviving spouse under Chapter 2106. of the Revised Code. The description shall include a specific reference to the procedures available to the surviving spouse under section 2106.03 of the Revised Code and to the presumption that arises if the surviving spouse does not make the election in accordance with division (E) of section 2106.01 of the Revised Code. The description of the general rights of the surviving spouse under Chapter 2106. of the Revised Code shall include a specific reference to the presumption that arises if the surviving spouse does not exercise the rights under Chapter 2106. of the Revised Code within the time period specified by section 2106.25 of the Revised Code. The description of the effect of the election and of the general rights of the surviving spouse need not relate to the nature of any particular estate.
(C) A surviving spouse electing to take under the will may manifest the election in writing within the times described in division (E) of section 2106.01 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.03 | Complaint - Construction of Will.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
Within the times described in division (E) of section 2106.01 of the Revised Code for making an election, the surviving spouse may file a complaint in the probate court, making all persons interested in the will defendants, that requests a construction of the will in favor of the surviving spouse and for the court to render a judgment to that effect.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.04 | Failure to Make Election - Presumption.

Effective:
May 16, 2002
Latest Legislation:
House Bill 242 - 124th General Assembly
If the surviving spouse dies before probate of the will, or, having survived the probate, thereafter either fails to make the election provided by section 2106.01 of the Revised Code or dies without having made an election within the times described in division (E) of that section, the surviving spouse shall be conclusively presumed to have elected to take under the will, and the surviving spouse and the heirs, devisees, and legatees of the surviving spouse, and those claiming through or under them, shall be bound by the conclusive presumption, and persons may deal with the property of the decedent accordingly; provided that, if applicable, the provisions of sections 2105.31 to 2105.39 of the Revised Code shall prevail over the provisions relating to the right of election of a surviving spouse.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.05 | Election to Take Under the Will - Effect.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
If a surviving spouse elects to take under the will, the surviving spouse shall be barred of all right to an intestate share of the property passing under the will and shall take under the will alone, unless it plainly appears from the will that the provision for the surviving spouse was intended to be in addition to an intestate share. An election to take under the will does not bar the right of the surviving spouse to an intestate share of that portion of the estate as to which the decedent dies intestate. Unless the will expressly otherwise directs, an election to take under the will does not bar the right of the surviving spouse to remain in the mansion house, and does not bar the right of the surviving spouse to receive the allowance for the support provided by section 2106.13 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.06 | Election Made in Person.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
The election of a surviving spouse to take under section 2105.06 of the Revised Code and thereby refusing to take under the will shall be made in person before the probate judge, or a deputy clerk who has been appointed to act as a referee, except as provided in sections 2106.07 and 2106.08 of the Revised Code.
When the election is made in person before the judge or referee, the judge or referee shall explain the will, the rights under the will, and the rights, by law, in the event of a refusal to take under the will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.07 | Commission Issued to Take Election of Spouse.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
Upon the filing of an application on behalf of a surviving spouse, the probate court may issue a commission, with a copy of the will annexed, directed to any suitable person, to take the election of the surviving spouse as described in section 2106.01 of the Revised Code. In the commission, the court shall direct the suitable person to explain the rights of the surviving spouse under the will and under Chapter 2105. of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.08 | Election Made by One Under Legal Disability.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If, because of a legal disability, a surviving spouse is unable to make an election as provided by section 2106.01 of the Revised Code, as soon as the facts come to the knowledge of the probate court, the probate court shall appoint some suitable person to ascertain the value of the provision made for the surviving spouse by the testator, the value of the rights of the surviving spouse in the estate of the testator under Chapter 2105. of the Revised Code, and the adequate support needs of the surviving spouse after taking into consideration the other available resources and the age, probable life expectancy, physical and mental condition, and present and reasonably anticipated future needs of the surviving spouse. The appointment by the court shall be made at any time within the times described in division (E) of section 2106.01 of the Revised Code for making an election under that section.
When the person so appointed returns the report of the person's investigation, the court may elect for the surviving spouse to take under section 2105.06 of the Revised Code only if it finds, after taking into consideration the other available resources and the age, probable life expectancy, physical and mental condition, and present and reasonably anticipated future needs of the surviving spouse, that the election to take under section 2105.06 of the Revised Code is necessary to provide adequate support for the surviving spouse during the surviving spouse's life expectancy.
After making its determination under this section, the court shall record upon its journal the election made for the surviving spouse. The election, when so entered, shall have the same effect as an election made by one not under legal disability.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.10 | Election to Receive Mansion House.

Effective:
August 29, 2000
Latest Legislation:
House Bill 313 - 123rd General Assembly
(A) A surviving spouse may elect to receive, as part of the surviving spouse's share of an intestate estate under section 2105.06 of the Revised Code and the allowance for support under section 2106.13 of the Revised Code, the entire interest of the decedent spouse in the mansion house. The interest of the decedent spouse in the mansion house shall be valued at the appraised value with the deduction of that portion of all liens on the mansion house existing at the time of death and attributable to the decedent's interest in the mansion house.
(B) The election pursuant to division (A) of this section shall be made at or before the time a final account is rendered.
(C) If the spouse makes an election pursuant to division (A) of this section, the administrator or executor shall file, unless the election is one made under division (D) of this section, an application for a certificate of transfer as provided for in section 2113.61 of the Revised Code. The application also shall contain an inventory of the property and the allowance for support that the spouse is entitled to receive under sections 2105.06 and 2106.13 of the Revised Code. If the value of the property and the allowance for support that the spouse is entitled to receive is equal to or greater than the value of the decedent's interest in the mansion house, the court shall issue the certificate of transfer.
(D) The surviving spouse may make an election pursuant to division (A) of this section in an estate relieved from administration under section 2113.03 of the Revised Code or in an estate that is subject to an order granting a summary release from administration under section 2113.031 of the Revised Code. The election shall be made at the time of or prior to the entry of the order relieving the estate from administration or the order granting a summary release from administration. Either the surviving spouse or the applicant for the order shall file the application for the certificate of transfer under division (C) of this section.
(E) If the surviving spouse dies prior to making an election pursuant to division (A) of this section, the surviving spouse shall be conclusively presumed not to have made an election pursuant to that division. After the surviving spouse's death, no other person is authorized to make an election pursuant to that division on behalf of the estate of the surviving spouse.
(F) As used in this section, the mansion house includes the decedent's title in the parcel of land on which the house is situated and, at the option of the surviving spouse, the decedent's title in the household goods contained within the house and the lots or farmland adjacent to the house and used in conjunction with it as the home of the decedent.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.11 | Specific Monetary Share Payable to a Surviving Spouse.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Subject to the right of the surviving spouse to elect to receive the decedent's interest in the mansion house pursuant to section 2106.10 of the Revised Code, the specific monetary share payable to a surviving spouse under division (B), (C), or (D) of section 2105.06 of the Revised Code shall be paid out of the tangible and intangible personal property in the intestate estate to the extent that the personal property is available for distribution. The personal property distributed to the surviving spouse, other than cash, shall be valued at the appraised value.
Before tangible and intangible personal property is transferred to the surviving spouse in payment or part payment of the specific monetary share, the administrator or executor shall file an application that includes an inventory of the personal property intended to be distributed in kind to the surviving spouse, together with a statement of the appraised value of each item of personal property included. The court shall examine the application and make a finding of the amount of personal property to be distributed to the surviving spouse, and shall order that the personal property be distributed to the surviving spouse. The court concurrently shall make a finding of the amount of money that remains due and payable to the surviving spouse in satisfaction of the specific monetary share to which the surviving spouse is entitled under division (B), (C), or (D) of section 2105.06 of the Revised Code. Any amount that remains due and payable shall be a charge on the title to any real property in the estate but the charge does not bear interest. This charge may be conveyed or released in the same manner as any other interest in real property and may be enforced by foreclosure or any other appropriate remedy.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.15 | Mansion House.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
A surviving spouse may remain in the mansion house free of charge for one year, except that such real property may be sold within that time for the payment of debts of the decedent. If the real property is so sold, the surviving spouse shall be compensated from the estate to the extent of the fair rental value for the unexpired term, such compensation to have the same priority in payment of debts of estates as the allowance for support made to the surviving spouse, minor children, or surviving spouse and minor children of the decedent under section 2106.13 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.18 | Transfer of Automobile Titles.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) Upon the death of a married resident who owned at least one automobile at the time of death, the interest of the deceased spouse in one or more automobiles that are not transferred to the surviving spouse due to joint ownership with right of survivorship established under section 2131.12 of the Revised Code, that are not transferred to a transfer-on-death beneficiary or beneficiaries designated under section 2131.13 of the Revised Code, and that are not otherwise specifically disposed of by testamentary disposition may be selected by the surviving spouse. This interest shall immediately pass to the surviving spouse upon transfer of the title or titles in accordance with section 4505.10 of the Revised Code. The sum total of the values of the automobiles selected by a surviving spouse under this division, as specified in the affidavit that the surviving spouse executes pursuant to division (B) of section 4505.10 of the Revised Code, shall not exceed sixty-five thousand dollars. Each automobile that passes to a surviving spouse under this division shall not be considered an estate asset and shall not be included in the estate inventory.
(B) The executor or administrator, with the approval of the probate court, may transfer title to an automobile owned by the decedent to any of the following:
(1) The surviving spouse, when the automobile is purchased by the surviving spouse pursuant to section 2106.16 of the Revised Code;
(2) A distributee;
(3) A purchaser.
(C) The executor or administrator may transfer title to an automobile owned by the decedent without the approval of the probate court to any of the following:
(1) A legatee entitled to the automobile under the terms of the will;
(2) A distributee if the distribution of the automobile is made without court order pursuant to section 2113.55 of the Revised Code;
(3) A purchaser if the sale of the automobile is made pursuant to section 2113.39 of the Revised Code.
(D) As used in division (A) of this section, "automobile" includes a motorcycle and includes a truck if the truck was used as a method of conveyance by the deceased spouse or the deceased spouse's family when the deceased spouse was alive.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.19 | Transfer of Title to Watercraft or Outboard Motor.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Upon the death of a married resident who owned at least one watercraft, one watercraft trailer, one outboard motor, or one of each at the time of death, the interest of the deceased spouse in one watercraft, one watercraft trailer, one outboard motor, or one of each that is not otherwise specifically disposed of by testamentary disposition and that is selected by the surviving spouse immediately shall pass to the surviving spouse upon receipt by the clerk of the court of common pleas, or in the case of an untitled but registered watercraft trailer, upon receipt by the bureau of motor vehicles, of both of the following:
(1) The title executed by the surviving spouse, if titled;
(2) An affidavit sworn by the surviving spouse stating the date of the decedent's death, a description of the watercraft, watercraft trailer, or outboard motor, the approximate value, and that the watercraft, watercraft trailer, or outboard motor is not disposed of by testamentary disposition.
The watercraft, watercraft trailer, or outboard motor shall not be considered an estate asset and shall not be included and stated in the estate inventory.
Transfer of a decedent's interest under this division does not affect the existence of any lien against a watercraft, watercraft trailer, or outboard motor so transferred.
(B) Except for a watercraft, watercraft trailer, or outboard motor transferred as provided in division (A) of this section, the executor or administrator may transfer title to a watercraft, watercraft trailer, or outboard motor in the manner provided for transfer of an automobile under divisions (B) and (C) of section 2106.18 of the Revised Code.
(C) A watercraft trailer under this section only refers to one trailer used to transport the watercraft transferred under this section.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.20 | Reimbursement for Funeral Expenses.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
A surviving spouse or a person with the right of disposition under section 2108.70 or 2108.81 of the Revised Code is entitled to a reimbursement from the estate of the decedent for funeral and burial expenses, if paid by the surviving spouse or person with the right of disposition, to the extent that the rights of other creditors of the estate will not be prejudiced by the reimbursement.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.22 | Action to Set Aside Antenuptial or Separation Agreement.

Effective:
March 23, 2023
Latest Legislation:
Senate Bill 210 - 134th General Assembly
Any antenuptial, postnuptial, or separation agreement to which a decedent was a party is valid unless an action to set it aside is commenced within four months after the appointment of the executor or administrator of the estate of the decedent, or unless, within the four-month period, the validity of the agreement otherwise is attacked.
Last updated February 8, 2023 at 12:54 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.24 | Additional Rights of Surviving Spouse.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
In addition to the rights provided in this chapter, a surviving spouse of a decedent who died testate or intestate is entitled to any other rights prescribed in other chapters of the Revised Code, including, but not limited to, any dower rights under Chapters 2103. and 5305. of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2106 | Rights of Surviving Spouses › Section 2106.25 | Time Limit for Exercising Rights - Motion for Extension.

Effective:
October 31, 2001
Latest Legislation:
House Bill 85 - 124th General Assembly
Unless otherwise specified by a provision of the Revised Code or this section, a surviving spouse shall exercise all rights under Chapter 2106. of the Revised Code within five months of the initial appointment of an executor or administrator of the estate. It is conclusively presumed that a surviving spouse has waived any right not exercised within that five-month period or within any longer period of time allowed by the court pursuant to this section. Upon the filing of a motion to extend the time for exercising a right under Chapter 2106. of the Revised Code and for good cause shown, the court may allow further time for exercising the right that is the subject of the motion.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.01 | Will Construed.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
As used in Chapters 2101. to 2131. of the Revised Code:
(A) "Will" includes codicils to wills admitted to probate, lost, spoliated, or destroyed wills, and instruments declared valid under division (A)(1) of section 5817.10 of the Revised Code, but "will" does not include inter vivos trusts or other instruments that have not been admitted to probate.
(B) "Testator" means any person who makes a will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.011 | Inheritance and Bequest Defined.

Effective:
June 23, 1994
Latest Legislation:
House Bill 208 - 120th General Assembly
Except when the intent of the testator clearly is to the contrary, the following rules of construction shall apply in interpreting the terms "inheritance" and "bequest":
(A) The term "inheritance," in addition to its meaning at common law or under any other section or sections of the Revised Code, includes any change of title to real property by reason of the death of the owner of that real property, regardless of whether the owner died testate or intestate.
(B) The term "bequest," in addition to its meaning at common law or under any other section or sections of the Revised Code, includes any testamentary disposition of real property and any testamentary disposition of a vendor's interest in a land installment contract.
(C) The terms "inheritance" and "bequest," as defined in the rules of construction set forth in divisions (A) and (B) of this section, apply to the interest in, the title to, or both the interest in and the title to, any real property to which a fiduciary succeeds by reason of the death of the prior holder of that interest, title, or interest and title, regardless of whether the prior holder died testate or intestate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.02 | Who May Make Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A person who is eighteen years of age or older, of sound mind and memory, and not under restraint may make a will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.03 | Method of Making Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction. The will shall be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator's signature.
For purposes of this section, "conscious presence" means within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2107 | Wills › Section 2107.04 | Agreement to Make a Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
No agreement to make a will or to make a devise or bequest by will shall be enforceable unless it is in writing. The agreement shall be signed by the maker or by some other person at the maker's express direction. If signed by a person other than the maker, the instrument shall be subscribed by two or more competent witnesses who heard the maker acknowledge that it was signed at the maker's direction.