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Title 21 | Courts-Probate-Juvenile
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Section 2101.40 | Dealing in assets of estate.

...A probate judge shall not in any way deal in property or securities involved in probate court cases. This section applies to all appointees of the probate court.

Section 2101.41 | Prohibition.

...No probate judge shall practice law, be associated with another as partner in the practice of law in a court or tribunal of this state, prepare a complaint or answer, make out an account required for the settlement of an estate committed to the care or management of another, or appear as attorney before a court or judicial tribunal. Whoever violates this section shall forfeit the office of probate judge. The ...

Section 2101.42 | Cases appealable from probate court.

...From any final order, judgment, or decree of the probate court, an appeal on a question of law may be prosecuted to the court of appeals in the manner and within the time provided for the prosecution of such appeals from the court of common pleas to the court of appeals. For the purpose of prosecuting appeals on questions of law from the probate court, the probate court shall exercise judicial functions inferior only...

Section 2101.43 | Petition for submission of question of combining probate court and court of common pleas.

...Whenever ten per cent of the number of electors voting for governor at the most recent election in any county having less than sixty thousand population, as determined by the most recent federal census, petition a judge of the court of common pleas of the county, not less than ninety days before any general election for county officers, for the submission to the electors of the county the question of combining ...

Section 2101.44 | Conduct of election - form of ballot - returns and canvass.

...The election upon the question of combining the probate court and the court of common pleas shall be conducted as provided for the election of county officers. The board of elections shall provide separate ballots, tally sheets, blanks, stationery, and all such other supplies as may be necessary in the conduct of such election. Ballots shall be printed with an affirmative and negative statement thereon, as follows:...

Section 2101.45 | Probate division established - appeals.

...When the probate court and the court of common pleas have been combined as provided in sections 2101.43 and 2101.44 of the Revised Code, there shall be established in the court of common pleas a probate division and all matters of which the probate court has jurisdiction shall be filed and separately docketed in that division. The resident judge of the court of common pleas shall appoint the necessary deputies, clerk...

Section 2101.46 | Re-establishment of the probate court.

...After three years from the date of an election held under sections 2101.43 to 2101.45, inclusive, of the Revised Code, another election may be petitioned for and shall be ordered by the judge of the court of common pleas as provided in such sections either to perfect a combination of said court or to dissolve said combination and re-establish the probate court. Whenever in any county where such courts have been comb...

Section 2101.99 | Penalty.

...(A) Whoever violates section 2101.09 of the Revised Code shall be fined not more than one hundred dollars. (B) Whoever violates section 2101.15 of the Revised Code shall be fined not less than ten nor more than two hundred dollars. (C) Whoever violates section 2101.41 of the Revised Code shall be fined not more than fifty dollars.

Section 2103.01 | Property construed.

... As used in sections 2103.01 to 2103.09 of the Revised Code, unless the context shows that another sense is intended, "property" includes real property and money, choses in action, evidences of debt, and other personal property.

Section 2103.02 | Dower.

...A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage. Such dower interest shall terminate upon the death of the consort except: (A) To the extent that any such real property was conveyed by the deceased consort during the marriage, the surviving spou...

Section 2103.021 | When affidavit required to preserve dower.

...Whenever "trustee," "as trustee," or "agent" follows the name of the grantee in any deed of conveyance of land recorded in this state and no other instrument containing a description of such land has been recorded in the office of the recorder of the county in which such land is situated which puts upon inquiry any person dealing with such land that a spouse of such grantee would have a dower interest in such land, a...

Section 2103.03 | Conveyance in lieu of dower.

...If accepted by the grantee, the conveyance of an estate or interest in real property in lieu of dower, to take effect on the death of the grantor, will bar such grantee's right of dower in the real property of the grantor. If the conveyance was made when the grantee was a minor or during the marriage, the grantee may waive title to such real property and demand dower. When a conveyance which is intended to be in lie...

Section 2103.04 | Eviction from premises conveyed in lieu of dower.

...A widow or widower lawfully evicted from real property conveyed in lieu of dower, or any part thereof, shall be endowed with as much of the residue of the real property of the deceased consort as will equal that from which such widow or widower is evicted.

Section 2103.041 | Judicial sale of dower interest without consent of spouse.

...In any action involving the judicial sale of real property for the purpose of satisfying the claims of creditors of an owner of an interest in the property, the spouse of the owner may be made a party to the action, and the dower interest of the spouse, whether inchoate or otherwise, may be subjected to the sale without the consent of the spouse. The court shall determine the present value and priority of the dower i...

Section 2103.05 | Adultery a bar to dower.

...A husband or wife who leaves the other and dwells in adultery will be barred from dower in the real property of the other, unless the offense is condoned by the injured consort.

Section 2103.06 | Lands given up by fraud.

...If a husband or wife gives up real property by collusion or fraud, or loses it by default, the widow or widower may recover dower therein.

Section 2103.07 | Dower is forfeited by waste.

...A tenant in dower in real property who commits or suffers waste thereto will forfeit that part of the property to which such waste is committed or suffered to the person having the immediate estate in reversion or remainder and will be liable in damages to such person for the waste committed or suffered thereto.

Section 2103.08 | Assignment of dower.

...Sections 5305.01 to 5305.22, inclusive, of the Revised Code apply to the assignment of the dower of a husband.

Section 2103.09 | Estate by curtesy abolished.

...The estate by the curtesy is abolished; but sections 2103.01 to 2103.09, inclusive, of the Revised Code shall not affect vested rights nor any section of the Revised Code.

Section 2105.01 | No distinction between ancestral and nonancestral or real and personal property.

...In intestate succession, there shall be no difference between ancestral and nonancestral property or between real and personal property.

Section 2105.02 | Construction of living and died.

...When, in this chapter, a person is described as living, it means that the person was living at the time of the death of the intestate from whom the estate came and that the person lived for at least one hundred twenty hours following the death of the intestate, and when a person is described as having died, it means that the person died before such intestate or that the person failed to live for at least one hundred ...

Section 2105.03 | Determination of next of kin.

...In the determination of intestate succession, next of kin shall be determined by degrees of relationship computed by the rules of civil law.

Section 2105.04 | Permanent leases to descend same as estates in fee.

...Permanent leasehold estates, renewable forever, are subject to Chapter 2105. of the Revised Code.

Section 2105.051 | Advancements - time of valuation.

...When a person dies, property that the person gave during the person's lifetime to an heir shall be treated as an advancement against the heir's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, property advanced is valued as of the time the heir came into possession or enjoyment of the property, or as ...

Section 2105.052 | Debts owed to decedent.

...Any debt owed to a decedent shall not be charged against the intestate share of any person except the debtor. If the debtor fails to survive decedent, the debt shall not be taken into account in computing the intestate share of the debtor's issue.