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Title 21 | Courts-Probate-Juvenile
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Section 2105.06 | Statute of descent and distribution.

...When a person dies intestate having title or right to any personal property, or to any real property or inheritance, in this state, the personal property shall be distributed, and the real property or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course: (A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stir...

Section 2105.061 | Real property subject to monetary charge of surviving spouse.

...Except any real property that a surviving spouse elects to receive under section 2106.10 of the Revised Code, the title to real property in an intestate estate shall descend and pass in parcenary to those persons entitled to it under division (B), (C), or (D) of section 2105.06 of the Revised Code, subject to the monetary charge of the surviving spouse. The administrator or executor shall file an application for a ce...

Section 2105.062 | Children conceived as result of rape or sexual battery.

... As used in this section, "relative" includes a parent, grandparent, great-grandparent, stepparent, child, grandchild, aunt, uncle, cousin, sibling, and half sibling. The parent, or a relative of the parent, of a child who was conceived as the result of the parent's violation of section 2907.02 of the Revised Code, or violation of section 2907.03 of the Revised Code if the sexual activity involved is sexual conduct...

Section 2105.07 | Escheat of personal estate.

...When, under Chapter 2105. of the Revised Code, personal property escheats to the state, the prosecuting attorney of the county in which letters of administration are granted upon such estate shall collect and pay it over to the county treasurer. Such estate shall be applied exclusively to the support of the common schools of the county in which collected.

Section 2105.08 | Application of provisions relating to escheating estates.

... Chapter 2105. of the Revised Code applies to any escheating estate of which possession has not been taken, or which has not been collected by the proper officers of the state or those acting under their authority. Right or claim of the state thereto is hereby relinquished to the person who would have been entitled thereto had such sections been in force when the intestate died.

Section 2105.09 | Disposition of escheated lands.

...(A) The county auditor, unless the auditor acts pursuant to division (C) of this section, shall take possession of real property escheated to the state that is located in the auditor's county and outside the incorporated area of a city. The auditor shall take possession in the name of the state and sell the property at public auction, at the county seat of the county, to the highest bidder, after having given t...

Section 2105.10 | Parent abandoning minor child barred from intestate succession.

...(A) As used in this section: (1) "Abandoned" means that a parent of a minor failed without justifiable cause to communicate with the minor, care for the minor, and provide for the minor's maintenance or support as required by law or judicial decree for a period of at least one year immediately prior to the date of the death of the minor. (2) "Minor" means a person who is less than eighteen years of age. (B) ...

Section 2105.11 | Estate to descend equally to children of intestate.

...When a person dies intestate leaving children and none of the children of the intestate have died leaving children or their lineal descendants, the estate shall descend to the children of the intestate living at the time of the intestate's death in equal proportions.

Section 2105.12 | Descent when all descendants of equal degree of consanguinity.

...When all the descendants of an intestate, in a direct line of descent, are on an equal degree of consanguinity to the intestate, the estate shall pass to such persons in equal parts, however remote from the intestate such equal and common degree of consanguinity may be.

Section 2105.13 | Descent when children and heirs of deceased children are living.

...If some of the children of an intestate are living and others are dead, the estate shall descend to the children who are living and to the lineal descendants of the children who are dead, so that each child who is living will inherit the share to which the child who is living would have been entitled if all the children of the intestate were living, and the lineal descendants of the deceased child will inherit ...

Section 2105.14 | Child conceived before intestate's death.

... N o descendant of an intestate shall inherit under this chapter unless s urviving the intestate for at least one hundred twenty hours, or unless born within three hundred days after the death of the intestate and living for at least one hundred twenty hours after birth.

Section 2105.15 | Designation of heir at law.

...A person of sound mind and memory may appear before the probate judge of the person's county and in the presence of the judge and two disinterested persons of that person's acquaintance, file a written declaration declaring that, as the person's free and voluntary act, the person did designate and appoint another, stating the name and place of residence of the other person specifically, to stand toward the pers...

Section 2105.16 | Heirs of aliens may inherit - aliens may hold lands.

... No person who is capable of inheriting shall be deprived of the inheritance by reason of any of the person's ancestors having been aliens. Except as provided in section 5301.256 of the Revised Code, aliens may hold, possess, and enjoy real property within this state, either by descent, devise, gift, or purchase, as fully as any citizen of the United States or of this state may do.

Section 2105.17 | Children born out of wedlock.

...Children born out of wedlock shall be capable of inheriting or transmitting inheritance from and to their mother, and from and to those from whom she may inherit, or to whom she may transmit inheritance, as if born in lawful wedlock.

Section 2105.19 | Persons prohibited from benefiting by the death of another.

... (A) Except as provided in division (C) of this section, no person who is convicted of, pleads guilty to, or is found not guilty by reason of insanity of a violation of or complicity in the violation of section 2903.01, 2903.02, or 2903.03 of the Revised Code or a violation of division (A) of section 2903.04 of the Revised Code that is not a proximate result of a felony violation of section 2903.06 of the Revised Co...

Section 2105.20 | Waste by tenant for life.

...A tenant for life in real property who commits or suffers waste thereto shall 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 such tenant will be liable in damages to such person for the waste committed or suffered thereto.

Section 2105.25 | Filing declaration alleging fatherhood of adult child.

...(A) As used in this section and section 2105.26 of the Revised Code: (1) "Adult child" means a person born in this state who is twenty-three years old or older. (2) "Genetic test" has the same meaning as in section 3111.09 of the Revised Code. (B) A man alleging himself to be the father of an adult child, the adult child's mother, and the adult child may appear together before the probate judge of the county in wh...

Section 2105.26 | Order declaring fatherhood of adult child.

...(A) If the probate court determines the following, it shall issue the order requested under section 2105.25 of the Revised Code declaring the man alleging himself to be the father of the adult child to be the adult child's father: (1) The order was freely and voluntarily requested. (2) No person is designated as the father on the birth certificate of the adult child. (3) Genetic test results show that the man is t...

Section 2105.31 | Uniform simultaneous death act definitions.

...As used in sections 2105.31 to 2105.40 of the Revised Code: (A) "Co-owners with right of survivorship" includes joint tenants, tenants by the entireties, and other co-owners of property or accounts held under circumstances that entitle one or more individuals to the whole of the property or account on the death of the other individual or individuals. (B) "Governing instrument" means a deed, will, trust, insurance o...

Section 2105.32 | Person is deemed to have predeceased another person.

...(A) Except as provided in section 2105.36 of the Revised Code, if title to property, the devolution of property, the right to elect an interest in property, or the right to exempt property, homestead, or allowance for support depends upon an individual's survivorship of the death of another individual, an individual who is not established by clear and convincing evidence to have survived the other individual by one h...

Section 2105.33 | Person deemed to have predeceased specified event.

... Except as provided in section 2105.36 of the Revised Code, an individual who is not established by clear and convincing evidence to have survived an event by one hundred twenty hours is deemed to have predeceased the event for purposes of a provision of a governing instrument that relates to the individual surviving an event, including the death of another individual.

Section 2105.34 | Co-owners with right of survivorship.

... Except as provided in section 2105.36 of the Revised Code, the following shall apply: (A) If it is not established by clear and convincing evidence that one of two co-owners with right of survivorship survived the other co-owner by one hundred twenty hours, one-half of the property or account passes as if one co-owner had survived the other co-owner by one hundred twenty hours, and one-half of the property or accou...

Section 2105.35 | Determination and evidence of death and status.

...In addition to any provisions of the Rules of Evidence, the following provisions relating to the determination of death and status apply: (A)(1) An individual is dead if the individual has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the brain, including the brain stem, as determined in accordance with accepted medical standards. If th...

Section 2105.36 | Provisions of governing instrument.

...Survival by one hundred twenty hours is not required if any of the following applies: (A) The governing instrument contains language dealing explicitly with simultaneous deaths or deaths in a common disaster, and that language is operable under the facts of the case. (B) The governing instrument expressly indicates that an individual is not required to survive an event, including the death of another individual, by...

Section 2105.37 | Payor or third party not liable.

...(A) A payor or other third party is not liable for any of the following: (1) Having made a paymentor transferred an item of property or any other benefit to a person designated in a governing instrument who, under sections 2105.31 to 2105.40 of the Revised Code, is not entitled to the payment or item of property or other benefit, if the payment or transfer was made before the payor or other third party received writ...