Ohio Revised Code Search
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Section 2106.18 | Transfer of automobile titles.
...rator, 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 th... |
Section 2106.19 | Transfer of title to watercraft or outboard motor.
...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... |
Section 2106.20 | Reimbursement for funeral expenses.
...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. |
Section 2106.22 | Action to set aside antenuptial or separation agreement.
...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. |
Section 2106.24 | Additional rights of surviving spouse.
...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. |
Section 2106.25 | Time limit for exercising rights - motion for extension.
...ny 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. |
Section 2107.01 | Will construed.
...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. |
Section 2107.011 | Inheritance and bequest defined.
...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 w... |
Section 2107.02 | Who may make will.
...A person who is eighteen years of age or older, of sound mind and memory, and not under restraint may make a will. |
Section 2107.03 | Method of making will.
...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 test... |
Section 2107.04 | Agreement to make a will.
...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. |
Section 2107.05 | Incorporation by reference.
...andum shall be deposited in the probate court when the will is probated or within thirty days after the will is probated, unless the court grants an extension of time for good cause shown. A copy may be substituted for the original document, book, record, or memorandum if the copy is certified to be correct by a person authorized to take acknowledgments. (B) Notwithstanding division (A) of this section, if a will in... |
Section 2107.06 | Age requirement for witnessing will.
...No person under eighteen years of age shall witness a will executed pursuant to section 2107.03 of the Revised Code or an agreement to make a will or to make a devise or bequest by will pursuant to section 2107.04 of the Revised Code. |
Section 2107.07 | Deposit of will.
... the office of the judge of the probate court in the county in which the testator lives, before or after the death of the testator, and if deposited after the death of the testator, with or without applying for its probate. Upon the payment of the fee of twenty-five dollars to the court, the judge shall receive, keep, and give a certificate of deposit for the will. That will shall be safely kept until delivered or di... |
Section 2107.08 | Delivery of deposited will.
...tor by a written order, or to a probate court for a determination of its validity when the testator so requests. After the testator's death, the will shall be delivered to the person named in the indorsement on the envelope of the will, if there is a person named who demands it. If the testator has filed a complaint in the probate court for a judgment declaring the validity of the will pursuant to section 5817.02 of ... |
Section 2107.09 | Who may enforce production of a will.
...e will to be brought before the probate court of the county in which the decedent was domiciled. By judicial order, the court may compel the person having the custody or control of the will to produce it before the court for the purpose of being proved. If the person having the custody or control of the will intentionally conceals or withholds it or neglects or refuses to produce it for probate without reasonable ca... |
Section 2107.10 | Effect of withholding will.
...l when the will was declared valid by a court pursuant to division (A)(1) of section 5817.10 of the Revised Code, the declaration took place in a county different from the county in which the will of the testator would be probated under section 2107.11 of the Revised Code, and the named beneficiary knew of the declaration and of the death of the testator and did not notify the judge of the court in which the will was... |
Section 2107.11 | Jurisdiction to probate.
... In the county of this state in which a court rendered a judgment declaring that the will was valid pursuant to division (A)(1) of section 5817.10 of the Revised Code. (B) For the purpose of division (A)(2) of this section, intangible personal property is located in the place where the instrument evidencing a debt, obligation, stock, or chose in action is located or if there is no instrument of that nature where th... |
Section 2107.12 | Contest of jurisdiction.
...ome may contest the jurisdiction of the court to entertain the application. Preceding a hearing of a contest as to jurisdiction, all parties named in such will as legatees, devisees, trustees, or executors shall have notice of the hearing in such manner as may be ordered by the court. When that contest is made, the parties may call witnesses and shall be heard upon the question involved. The decision of the court as... |
Section 2107.15 | Witness a devisee or legatee.
...If a devise or bequest is made to a person who is one of only two witnesses to a will, the devise or bequest is void. The witness shall then be competent to testify to the execution of the will, as if the devise or bequest had not been made. If the witness would have been entitled to a share of the testator's estate in case the will was not established, the witness takes so much of that share that does not exce... |
Section 2107.16 | Will proved in certain cases.
...dead: (1) If it appears to the probate court that a witness to such will has gone to parts unknown; (2) If the witness was competent at the time of attesting its execution and afterward became incompetent; (3) If testimony of a witness cannot be obtained within a reasonable time. (B) When offered for probate, a will shall be admitted to probate and allowed when there has been a prior judgment by a court declaring... |
Section 2107.17 | Depositions may be taken by commission.
... it but is infirm and unable to attend court, the probate court may issue a commission with the will annexed directed to any suitable person. In lieu of the original will, the probate court, in its discretion, may annex to the commission a photocopy of the will or a copy of the will made by any similar process. The person to whom the commission is directed shall take the deposition or authorize the taking of t... |
Section 2107.18 | Admission of will to probate.
...The probate court shall admit a will to probate if it appears from the face of the will, or if the probate court requires, in its discretion, the testimony of the witnesses to a will and it appears from that testimony, that the execution of the will complies with the law in force at the time of the execution of the will in the jurisdiction in which the testator was physically present when it was executed, with the la... |
Section 2107.181 | Interlocutory orders - rehearing.
...t entitled to admission to probate, the court shall enter an interlocutory order denying probate of the instrument, and shall continue the matter for further hearing. The court shall order that not less than ten days' notice of the further hearing be given by the applicant, the executor named in the instrument, the persons holding a power to nominate an executor as described in section 2107.65 of the Revised Code, or... |
Section 2107.19 | Notice of admission of will to probate.
...ht to receive the notice in the probate court. The person may file the waiver of the right to receive the notice at any time prior to or after the will has been admitted to probate. (3) The fact that the notice described in division (A)(1) of this section has been given, subject to division (B) of this section, to all persons described in division (A)(1) of this section who have not waived their right to receive the... |