Ohio Revised Code Search
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Section 2107.28 | Will lost, spoliated, or destroyed after admission to probate.
...07.27 of the Revised Code, the probate court may hear testimony. If the court is satisfied that the contents of the will have been substantially proved, the court may record the will as thus proven. The record shall have all the effects of a record of the original will. |
Section 2107.29 | Record of will destroyed.
...probate may be recorded by the probate court if it appears to the court's satisfaction that the record has been destroyed and if it appears, by reason of a certificate signed and sealed by the probate judge, that the copy is a true copy of the original will or a true copy of the original will and its probate. |
Section 2107.30 | Original will may again be admitted to probate.
...When the record of a will has been destroyed, the original will may again be admitted to probate and record. |
Section 2107.31 | Limitations as to contests.
...Sections 2107.29 and 2107.30 of the Revised Code do not affect the proceedings or extend the time for contesting the validity of any will or for asserting rights thereunder. The record provided for in such sections must show that the original record was destroyed, and the time, as near as may be, when the will was originally admitted to probate and record. |
Section 2107.32 | Notice.
... the record, may come into the probate court and contest the question whether the record that was supplied is the same as the destroyed record. |
Section 2107.33 | Revocation of will.
...operty passes by the devise or bequest, subject to the remedies on the bond, agreement, or covenant, for a specific performance or otherwise, against the devisees or legatees, that might be had by law against the heirs of the testator, or the testator's next of kin, if the property had descended to them. (E) A testator's revocation of a will shall be valid only if the testator, at the time of the revocation, has the... |
Section 2107.34 | Afterborn or pretermitted heirs.
...receive a share equal to that which the person would have been entitled to receive out of the estate if the testator had died intestate with no surviving spouse, owning only that portion of the testator's estate not devised or bequeathed to or for the use and benefit of a surviving spouse. If the pretermitted child or heir dies prior to the death of the testator, the issue of the deceased child or heir shall receive ... |
Section 2107.35 | Encumbrances.
...An encumbrance upon real or personal property for the purpose of securing the payment of money or the performance of a covenant shall not revoke a previously executed will relating to that property. |
Section 2107.36 | Effect of alteration of property.
...An act of a testator that alters but does not wholly divest the testator's interest in property previously devised or bequeathed by the testator does not revoke the devise or bequest of the property. The devise or bequest shall pass to the devisee or legatee the actual interest of the testator that would otherwise descend to the testator's heirs or pass to the testator's next of kin, unless the instrument by wh... |
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.
...If a testator executes a second will, the destruction, cancellation, or revocation of the second 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.
...iary may file 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 maki... |
Section 2107.47 | Protection of purchaser against will or later will.
...t 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 within three months after the death of the decedent, or unless, in the case of a nonresident decedent, the will is offered for record in this state within three months after the death of the decedent. (B) The title, estate... |
Section 2107.48 | Foreign will cannot be contested here.
...it shall be invalid in this state as to persons claiming under it who have notice of its being set aside, and invalid as to all other persons from the time an authenticated copy of the final 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.
...roperty are given by deed or will to a person for the person's life, and after the person's death to the person's heirs in fee, the conveyance shall vest an estate for life only in the 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 remaind... |
Section 2107.50 | Property acquired subsequent to will.
...Any estate, right, or interest in any property of which a decedent had an interest at the time of the decedent's death shall pass under the decedent's will unless the will manifests a different intention. |
Section 2107.501 | Ademption - exemptions.
...r casualty, it is adjudicated that the disability of the testator has ceased and the testator survives the adjudication by one year. The right of the specific devisee or legatee is reduced by any right acquired under division (A) of this section. |
Section 2107.51 | When whole estate to pass.
...Every devise of an interest in real property in a will shall convey all the estate 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.
... including to a testamentary trust, are subject to section 5808.19 of the Revised Code. (F) This section applies to wills of decedents who die on or after March 22, 2012. |
Section 2107.521 | Specific references to powers of appointment.
...No provision of a will exercises a power of appointment held by the testator unless specific reference is made to the power. |
Section 2107.53 | Undevised real property applied to debts.
...the testator's will, and the testator's personal property is insufficient to pay the testator's debts, the undevised real property shall be chargeable first with the debts, as far as it will go, in exoneration of 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... |
Section 2107.54 | Contribution - exception.
... (C) A devisee of real property that is subject to a mortgage lien that exists on the date of the testator's death, who does not have a right of exoneration that extends to that lien because of the operation of division (B) of section 2113.52 of the Revised Code, has a duty to contribute under this section to devisees and legatees who are burdened if the claim secured by the lien is presented and allowed pursua... |
Section 2107.55 | Portion of pretermitted heir, or of witness, subject to contribution.
...When a part of the estate of a testator descends to a child born or adopted, or to an heir designated, after the execution of the will, or to a child absent and reported to be dead at the time of execution of the will but later found to be alive, or to 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 210... |
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.
...All cases arising under sections 2107.01 to 2107.62, inclusive, of 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. |