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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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Section 2105.36 | Provisions of governing instrument.

...ent 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 es...

Section 2106.04 | Failure to make election - presumption.

...sumption, 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.

Section 2106.05 | Election to take under the will - effect.

... 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...

Section 2107.34 | Afterborn or pretermitted heirs.

...cent purchasers for value of any of the property of the testator's estate be affected by any right given by this section to a child born after the making of a will or a pretermitted child or heir.

Section 2107.46 | Action by fiduciary.

...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 may file the action.

Section 2107.48 | Foreign will cannot be contested here.

...te or of a foreign country, relative to property in this state; but if such will is set aside in the state or country in which it is executed and proved, 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 judg...

Section 2107.49 | Rule in Shelley's case abolished.

...When interests in real property 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 fi...

Section 2107.56 | Liability in case of insolvency.

...able 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 without paying the person's proportion of the debt, the executors and administrators of the person's estate shall be liable for that proportion to the extent to which the person would have been liable if living.

Section 2107.60 | Oral will.

... shall be valid in respect to personal property if reduced to writing and subscribed by two competent disinterested witnesses within ten days after the speaking of the testamentary words. The witnesses shall prove that the testator was of sound mind and memory, not under restraint, and that the testator called upon some person present at the time the testamentary words were spoken to bear testimony to the disp...

Section 2107.61 | Will ineffectual.

...effectual to transfer real or personal property.

Section 2107.76 | Will contest action - time limits.

...on a person delivering or transferring property to any other person under authority of a will, whether or not the purchaser, lessee, encumbrancer, fiduciary, or other person had actual or constructive notice of the legal disability.

Section 2109.01 | Fiduciary defined.

... charged with duties in relation to any property, interest, trust, or estate for the benefit of another; and includes an agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code, appointed by and accountable to the probate court as guardian or trustee with respect to persons with developmental disabilities.

Section 2109.02 | Appointment and duties.

...o possible penalties for conversion of property the fiduciary held as a fiduciary. The written acceptance may be filed with the application for appointment. No act or transaction by a fiduciary is valid prior to the issuance of letters of appointment to the fiduciary. This section does not prevent an executor named in a will, an executor nominated pursuant to a power as described in section 2107.65 of the Rev...

Section 2109.10 | Bond when executor or administrator is sole residuary legatee or distributee.

...charge the lien on the decedent's real property for the payment of the decedent's debts, except that part that has been lawfully sold by the executor or administrator.

Section 2109.24 | Resignation or removal of fiduciary.

...t conduct, because the interest of the property, testamentary trust, or estate that the fiduciary is responsible for administering demands it, or for any other cause authorized by law. The court may remove a testamentary trustee upon the written application of more than one-half of the persons having an interest in the estate controlled by the testamentary trustee, but the testamentary trustee is not to be con...

Section 2109.35 | Effect of order settling account - vacation of order.

...value at the time of alienation of the property aliened by the person, with legal interest.

Section 2109.47 | Mortgage by a guardian.

...authorizing a guardian to mortgage real property for the purpose of borrowing money to make repairs or improvements, the court shall appoint disinterested persons whose duty it shall be to investigate fully the necessity for and the advisability of making the repairs or improvements and their probable cost and to report their conclusions to the court.

Section 2109.50 | Proceedings when assets concealed or embezzled.

... the possession of any moneys, personal property, or choses in action of the estate, testamentary trust, or guardianship, the court shall by citation or other judicial order compel the person or persons suspected to appear before it to be examined, on oath, touching the matter of the complaint. If necessary, the citation or other judicial order may be issued into any county in the state and shall be served and ...

Section 2109.53 | Judgment against fiduciary - removal.

...amount of the judgment. The fiduciary's property also shall be liable for the satisfaction of the judgment on execution issued on the judgment by the fiduciary's successor.

Section 2111.03 | Application for appointment as guardian.

...robable annual rents of the ward's real property, and that also contains the following: (A) A statement whether the applicant ever has been charged with or convicted of any crime involving theft, physical violence, or sexual, alcohol, or substance abuse, and, if the applicant has been so charged or convicted, the date and place of each charge and each conviction; (B) A statement whether a limited guardianship is so...

Section 2111.04 | Notice of appointment.

...gift, conveyance, or encumbrance of the property of an alleged incompetent shall be valid as to persons having notice of the proceeding.

Section 2111.05 | Termination of guardianship based on value of ward's estate.

...erson interested in the wards or their property, for good cause shown, and set forth upon the journal of the court. If the estate is twenty-five thousand dollars or less and the ward is a minor, the court, without the appointment of a guardian by the court, or the giving of bond, may authorize the deposit in a depository authorized to receive fiduciary funds, payable to the guardian when appointed, or to the w...

Section 2111.20 | Sale of personal estate.

...ay sell all or any part of the personal property of the ward if the sale is for the interest of the ward.

Section 2111.25 | Lease for not more than three years.

...ease the possession or use of any real property of the ward for a term not exceeding three years, provided the term does not extend beyond the minority, if the ward is a minor. If the lease extends beyond the death of the ward or beyond the removal of the disability of a ward other than a minor, the lease shall terminate on that death or removal of disability, unless confirmed by the ward or the ward's legal r...

Section 2111.31 | Hearing and order.

...upport, or the estate to lease the real property, the probate court shall make an order authorizing the lease to be made by public or private letting, as it considers best, on the terms, covenants, conditions, and stipulations, either in accordance with those set forth in the petition or otherwise, that it directs, provided the terms, covenants, conditions, and stipulations are not less favorable to the ward th...