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Title 21 | Courts-Probate-Juvenile
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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.

...A testator may by will devise, bequeath, or appoint real or personal property or any interest in real or personal property to a trustee of a trust that is evidenced by a written instrument signed by the testator or any other settlor either before or on the same date of the execution of the will of the testator, that is identified in the will, and that has been signed, or is signed at any time after the execution of t...

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.

... (A) A person interested in a will or codicil 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...

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.

Section 2107.75 | Administration costs of purported last will or codicil.

...When the jury or the court finds that the writing produced is not the will or codicil of the testator, the trial court shall allow as part of the costs of administration the amounts to the fiduciary and to the attorneys defending the purported will or purported codicil that the trial court finds to be reasonable compensation for the services rendered in the will contest action. The court shall order the amounts...

Section 2107.76 | Will contest action - time limits.

...No person who has received or waived the right to receive the notice of the admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.71 of the Revised Code to contest the validity of the will more than three months after the filing of the certificate described in division (A)(3) of section 2107.19 of the Revised Code. No other person may com...

Section 2107.77 | Later wills.

...Sections 2107.71 to 2107.76 of the Revised Code apply to later wills admitted to probate.

Section 2108.01 | Anatomical gift definitions.

... As used in sections 2108.02 to 2108.35 of the Revised Code: (A) "Adult" means an individual who is at least eighteen years of age. (B) "Agent" means an individual who is either of the following: (1) The principal's attorney in fact under a durable power of attorney for health care; (2) Expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. (C...

Section 2108.02 | Revised uniform anatomical gift act adopted.

...Sections 2108.01 to 2108.29 of the Revised Code are enacted to adopt the Revised Uniform Anatomical Gift Act (2006), national conference of commissioners on uniform state laws.

Section 2108.03 | Application of RC 2108.01 to RC 2108.29.

... Sections 2108.01 to 2108.29 of the Revised Code apply to an anatomical gift or amendment to, revocation of, or refusal to make an anatomical gift, whenever made.

Section 2108.04 | Persons who may make anatomical gift.

... Subject to section 2108.08 of the Revised Code, an anatomical gift of a donor's body or part may be made during the life of the donor for the purpose of transplantation, therapy, research, or education in the manner provided in section 2108.05 of the Revised Code by any of the following: (A) The donor, if the donor is an adult or if the donor is a minor and either of the following applies: (1) The donor is e...

Section 2108.05 | Manner of making anatomical gift.

... (A) A donor may make an anatomical gift by doing any of the following: (1) Authorizing a statement or symbol to be imprinted on the donor's driver's license or identification card indicating that the donor has certified a willingness to make an anatomical gift; (2) Specifying during an application for or renewal of a motor vehicle registration that the donor has certified a willingness to make an anatomical gif...

Section 2108.06 | Amendment of anatomical gift.

... (A) Subject to section 2108.08 of the Revised Code, an anatomical gift made under section 2108.04 of the Revised Code may be amended by any of the following means: (1) By a record signed by the donor or other person authorized to make an anatomical gift under section 2108.04 of the Revised Code; (2) Subject to division (C) of this section, by a record signed by another individual acting at the direction of the ...

Section 2108.07 | Refusal to make anatomical gift.

... (A) An individual may refuse to make an anatomical gift of the individual's body or part by doing any of the following: (1) Indicating a refusal in a record signed by either of the following: (a) The individual; (b) Subject to division (B) of this section, another individual acting at the direction of the individual, if the individual is physically unable to sign. (2) Indicating a refusal by any form of com...

Section 2108.08 | Action by person other than donor.

... (A) Subject to division (F) of this section, in the absence of an express, contrary indication by the donor, a person other than the donor shall be barred from making, amending, or revoking an anatomical gift of a donor's body or part if the donor made an anatomical gift of the donor's body or part under section 2108.05 of the Revised Code or an amendment to an anatomical gift of the donor's body or part under...

Section 2108.09 | Anatomical gift after donor's death.

... (A) Subject to divisions (B) and (C) of this section, and unless barred by section 2108.07 or 2108.08 of the Revised Code, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made in the manner provided for under section 2108.10 of the Revised Code by any member of the following classes of persons who is reasonably available, in the following ...

Section 2108.10 | Making anatomical gift after donor's death.

... (A) A person authorized to make an anatomical gift under section 2108.09 of the Revised Code may make an anatomical gift by a document of gift signed by the person making the gift or by that person's oral communication that is electronically recorded or is contemporaneously reduced to a record and signed by the individual receiving the oral communication. (B) Subject to division (C) of this section, an anato...

Section 2108.11 | Donees and purposes of anatomical gift.

... (A) An anatomical gift may be made to any of the following persons named in the document of gift: (1) A hospital; an accredited medical school, dental school, college, or university; an organ procurement organization; or another appropriate person, for research or education; (2) Subject to division (B) of this section, an individual designated by the person making the anatomical gift if the individual is the...

Section 2108.12 | Search for evidence of donor intent.

... (A) If any of the following persons, while acting in the course of the person's official duties, finds an individual and reasonably believes that the individual is dead or near death, the person shall make a reasonable search of the body of the individual for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal: (1) A law enforcement offi...

Section 2108.13 | Delivery of document of gift not required.

... (A) A document of gift need not be delivered during the donor's lifetime to be effective. (B) On or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to th...