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Ohio Revised Code Search

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rules of civil procedure in general court
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Section 2107.47 | Protection of purchaser against will or later will.

...(A) The title, estate, 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 of...

Section 2107.48 | Foreign will cannot be contested here.

...There shall be no proceeding in this state to contest a will executed and proved according to the law of another state 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...

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 2107.50 | 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.

...(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.

...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.

...nder 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 devis...

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.

...When part of the real property of a testator descends to the testator's heirs because it was not disposed of by 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 arran...

Section 2107.54 | Contribution - exception.

...(A) When real or personal property, devised or bequeathed, 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, ...

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.

Section 2107.58 | Order of sale to pay debts.

...evised 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 settle and adjust the various rights and liabilities of the parties.

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

...When a will is admitted to probate, or a will made out of this state is admitted to record as provided by sections 2129.05 to 2129.07 of the Revised Code, and interests in real property are given or devised by the will to the executors named in the will, or nominated pursuant to a power as described in section 2107.65 of the Revised Code, to be sold or conveyed, or the interests in real property thereby are ord...

Section 2107.60 | Oral will.

...An oral will, made in the last sickness, 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 we...

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.

...y any other person lawfully serving, by court appointment or otherwise, as a trustee. The property or interest so devised, bequeathed, or appointed to the trustee shall become a part of the trust estate, shall be subject to the jurisdiction of the court having jurisdiction of the trust, and shall be administered in accordance with the terms and provisions of the instrument creating the trust, including, unless the w...

Section 2107.64 | Trustee named in will as beneficiary.

...A policy of life insurance, or an employee or self-employed benefit plan including, but not limited to, an employee trust or annuity plan, a Keogh plan, an individual retirement account or annuity, or a retirement bond, may designate as beneficiary a trustee named by will. Upon qualification and issuance of letters of trusteeship, the proceeds of the insurance or benefit plan shall be payable to the trustee to be hel...

Section 2107.65 | Conferring power to name executor.

...A testator may confer in the testator's will, upon one or more persons, the power to nominate, in writing, an executor, coexecutor, successor executor, or successor coexecutor, and also may provide in the will that the person or persons so nominated may serve without bond. If a will confers that power, the holders of it have the authority to nominate themselves as executor, coexecutor, successor executor, or su...

Section 2107.71 | Civil action to contest validity of will.

...icil admitted to probate in the probate court that has not been declared valid by judgment of a court pursuant to division (A)(1) of section 5817.10 of the Revised Code may contest its validity by filing a complaint in the probate court in the county in which the will or codicil was admitted to probate. (B) Except as otherwise provided in this division, no person may contest the validity of any will or codicil as t...

Section 2107.72 | Rules of procedure - jury trial.

...(A) The Rules of Civil Procedure govern all aspects of a will contest action, except as otherwise provided in sections 2107.71 to 2107.77 of the Revised Code. (B)(1) Each party to a will contest action has the right to a jury trial of the action. To assert the right, a party shall demand a jury trial in the manner prescribed in the Rules of Civil Procedure. Subject to division (B)(2) of this section, if a party dema...

Section 2107.73 | Parties to will contest action.

...Persons who are necessary parties to a will contest action are as follows: (A) Any person designated in a will to receive a testamentary disposition of real or personal property; (B) Heirs who would take property pursuant to section 2105.06 of the Revised Code had the testator died intestate; (C) The executor or the administrator with the will annexed; (D) The attorney general as provided by section 109.25 of...

Section 2107.74 | Order of probate prima-facie evidence of attestation, execution and validity of will.

...On the trial of any will contest under section 2107.71 of the Revised Code, the order of probate is prima-facie evidence of the attestation, execution, and validity of the will or codicil. The contesting party may call any witness to the will as upon cross examination.