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Ohio Revised Code Search

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Section 2107.36 | Effect of alteration of property.

... pass to the testator's next of kin, unless the instrument by which the alteration is made declares the testator's intention that it shall operate as a revocation of the previous devise or bequest. If the instrument by which the alteration is made is wholly inconsistent with the previous devise or bequest, the instrument shall operate as a revocation of the devise or bequest, unless the instrument depends on ...

Section 2107.37 | Subsequent marriage.

...A will executed by an unmarried person is not revoked by a subsequent marriage.

Section 2107.38 | Destruction of a subsequent will.

...will shall not revive the first will unless the terms of the revocation show that it was the testator's intention to revive and give effect to the testator's first will or unless, after the destruction, cancellation, or revocation of the second will, the testator republishes the testator's first will.

Section 2107.46 | Action by fiduciary.

...an action in the probate court against creditors, legatees, distributees, or other parties, and ask the direction or judgment of the court in any matter respecting the trust, estate, or property to be administered, and the rights of the parties in interest. If any fiduciary fails for thirty days to file an action under this section after a written request from a party in interest, the party making the request...

Section 2107.47 | Protection of purchaser against will or later will.

... or interest of a bona fide purchaser, lessee, or encumbrancer, for value, in real property situated in this state, that is derived from an heir of a decedent and acquired without knowledge of a will of the decedent that effectively disposes of it to another person, shall not be defeated by the production of a will of the decedent, unless, in the case of a resident decedent, the will is offered for probate wit...

Section 2107.48 | Foreign will cannot be contested here.

...l order or decree setting it aside is filed in the office of the probate judge of the county in which the will is recorded.

Section 2107.49 | Rule in Shelley's case abolished.

...first taker and a remainder in fee simple in the heirs of the first taker. If the remainder is given to the heirs of the body of the life tenant, the conveyance shall vest an estate for life only in the first taker and a remainder in fee simple in the heirs of the body of the life tenant. The rule in Shelley's case is abolished by this section and shall not be given effect.

Section 2107.50 | Property acquired subsequent to will.

... shall pass under the decedent's will unless the will manifests a different intention.

Section 2107.501 | Ademption - exemptions.

...(A) A specific devisee or legatee has the right to the remaining specifically devised or bequeathed property, and the following: (1) Any balance on the purchase price, together with any security interest owing from a purchaser to the testator at death by reason of sale of the property; (2) Any amount of condemnation award unpaid at death for the taking of the property; (3) Any proceeds unpaid at death on fir...

Section 2107.51 | When whole estate to pass.

...tate of the devisor in the property, unless it clearly appears by the will that the devisor intended to convey a less estate.

Section 2107.52 | Deceased devisee; class gifts.

...er either of the following: (a) The rules of construction applicable to a class gift created in the testator's will if the devise or the exercise of the power of appointment is in the form of a class gift; (b) The rules for intestate succession if the devise or the exercise of the power of appointment is not in the form of a class gift. (3)(a) "Devise" includes a primary devise, an alternative devise, a devise ...

Section 2107.521 | Specific references to powers of appointment.

...r of appointment held by the testator unless specific reference is made to the power.

Section 2107.53 | Undevised real property applied to debts.

...f the real property that is devised, unless it appears from the will that a different arrangement of assets was made for the payment of the testator's debts, in which case the assets shall be applied for that purpose in conformity with the will.

Section 2107.54 | Contribution - exception.

...equeathed, is taken from the devisee or legatee for the payment of a debt of the testator, the other devisees and legatees shall contribute their respective proportions of the loss to the person from whom the payment was taken so that the loss will fall equally on all the devisees and legatees according to the value of the property received by each of them. If, by making a specific devise or bequest, the testa...

Section 2107.55 | Portion of pretermitted heir, or of witness, subject to contribution.

...a witness to a will who is a devisee or legatee, the estate and the advancement made to the child, heir, or witness for all the purposes mentioned in section 2107.54 of the Revised Code shall be considered as if it had been devised to that child, heir, or witness and the child, heir, or witness shall be bound to contribute with the devisees and legatees, as provided by that section, and may claim contribution f...

Section 2107.56 | Liability in case of insolvency.

...When any of the persons liable to contribute toward the discharge of a testator's debt according to sections 2107.54 and 2107.55 of the Revised Code, is insolvent, the others shall be severally liable to each other for the loss occasioned by the insolvency, each being liable in proportion to the value of the property received by the person from the estate of the deceased. If any one of the persons liable dies w...

Section 2107.57 | Contribution enforced.

... the Revised Code, in which devisees or legatees are required to contribute or in which contribution is to be made among devisees, legatees, and heirs, may be heard and determined in a single action.

Section 2107.58 | Order of sale to pay debts.

...When a sale of real property aliened or unaliened by a devisee or heir is ordered for the payment of the debts of an estate, sections 2107.53 to 2107.57 of the Revised Code do not prevent the probate court from making an order and decree for the sale of any portion of the aliened or unaliened real property that is equitable among the parties, and making an order of contribution and further order and decree to s...

Section 2107.59 | Sale of real property by executor's successor.

... the execution of the will, then all sales and conveyances of the interests in real property by the executors who took upon themselves in this state the execution of the will, or the survivor of them, shall be as valid as if the remaining executors had joined in the sale and conveyance. But if none of the executors take upon themselves the execution of the will, or if all the executors who take out letters test...

Section 2107.60 | Oral will.

...oral will shall be admitted to record unless it is offered for probate within three months after the death of the testator.

Section 2107.61 | Will ineffectual.

...Unless it has been admitted to probate or record, as provided in sections 2107.01 to 2107.62 or 2129.05 to 2129.07 of the Revised Code, no will is effectual to transfer real or personal property.

Section 2107.62 | Expenses and fees.

...The expense of proving and recording wills and of any action for declaratory judgment of validity shall be paid by the party at whose instance this is done. The witnesses and officers shall have the same fees for attendance and services as in other cases. When the executor or administrator is appointed, the expense shall be reimbursed out of the estate.

Section 2107.63 | Real or personal property devised, bequeathed or appointed to trustee of existing trust.

...rument creating the trust, including, unless the will specifically provides otherwise, any amendments or modifications of the trust made in writing before, concurrently with, or after the making of the will and prior to the death of the testator. The termination of the trust, or its entire revocation prior to the testator's death, shall invalidate the devise, bequest, or appointment to the trustee. This section shal...

Section 2107.64 | Trustee named in will as beneficiary.

...r person covered by the benefit plan, unless otherwise provided by agreement with the insurance company or the trustee of or other person holding funds of the benefit plan during the lifetime of the insured or the person covered by the benefit plan. The proceeds of the insurance or of the benefit plan as received by the trustee shall not be subject to debts of the insured or the person covered by the benefit plan or...

Section 2107.65 | Conferring power to name executor.

...or executor, or successor coexecutor unless the will provides to the contrary.