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Ohio Statutes, Title 21

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Title 21, Courts-Probate-Juvenile

25 chapters · 998 sections in this title.

All chapters in Title 21998 Ch 2151, Juvenile Court206 Ch 2108, Human Bodies Or Parts Thereof80 Ch 2113, Executors And Administrators - Appoi…77 Ch 2109, Fiduciaries70 Ch 2107, Wills65 Ch 2111, Guardians; Conservatorships65 Ch 2101, Probate Court - Jurisdiction; Procedure58 Ch 2152, Delinquent Children; Juvenile Traffi…55 Ch 2127, Sale Of Lands44 Ch 2117, Presentment Of Claims Against Estate36 Ch 2105, Descent And Distribution34 Ch 2129, Ancillary Administration29 Ch 2133, Modified Uniform Rights of the Termi…22 Ch 2131, Miscellaneous20

34 sections·Filtered byTitle 21✕Ch 2105✕

Ohio Rev. Code Ann. § 2105.01 No distinction between ancestral and nonancestral or real and personal property
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In intestate succession, there shall be no difference between ancestral and nonancestral property or between real and personal property.
Ohio Rev. Code Ann. § 2105.02 Construction of living and died
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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 …
Ohio Rev. Code Ann. § 2105.03 Determination of next of kin
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In the determination of intestate succession, next of kin shall be determined by degrees of relationship computed by the rules of civil law.
Ohio Rev. Code Ann. § 2105.04 Permanent leases to descend same as estates in fee
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Permanent leasehold estates, renewable forever, are subject to Chapter 2105. of the Revised Code.

Ohio Rev. Code Ann. § 2105.051 Advancements - time of valuation

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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 advanc…

Ohio Rev. Code Ann. § 2105.052 Debts owed to decedent

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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.

Ohio Rev. Code Ann. § 2105.06 Statute of descent and distribution

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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 b…

Ohio Rev. Code Ann. § 2105.061 Real property subject to monetary charge of surviving spouse

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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 o…

Ohio Rev. Code Ann. § 2105.062 Children conceived as result of rape or sexual battery

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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 s…

Ohio Rev. Code Ann. § 2105.07 Escheat of personal estate

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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 exclu…

Ohio Rev. Code Ann. § 2105.08 Application of provisions relating to escheating estates

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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 …

Ohio Rev. Code Ann. § 2105.09 Disposition of escheated lands

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(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 na…

Ohio Rev. Code Ann. § 2105.10 Parent abandoning minor child barred from intestate succession

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(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 ye…

Ohio Rev. Code Ann. § 2105.11 Estate to descend equally to children of intestate

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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.

Ohio Rev. Code Ann. § 2105.12 Descent when all descendants of equal degree of consanguinity

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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.

Ohio Rev. Code Ann. § 2105.13 Descent when children and heirs of deceased children are living

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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 wou…

Ohio Rev. Code Ann. § 2105.14 Child conceived before intestate's death

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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.

Ohio Rev. Code Ann. § 2105.15 Designation of heir at law

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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…

Ohio Rev. Code Ann. § 2105.16 Heirs of aliens may inherit - aliens may hold lands

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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 de…

Ohio Rev. Code Ann. § 2105.17 Children born out of wedlock

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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.

Ohio Rev. Code Ann. § 2105.19 Persons prohibited from benefiting by the death of another

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(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 div…

Ohio Rev. Code Ann. § 2105.20 Waste by tenant for life

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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 per…

Ohio Rev. Code Ann. § 2105.25 Filing declaration alleging fatherhood of adult child

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(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…

Ohio Rev. Code Ann. § 2105.26 Order declaring fatherhood of adult child

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(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 requeste…

Ohio Rev. Code Ann. § 2105.31 Uniform simultaneous death act definitions

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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 …

Ohio Rev. Code Ann. § 2105.32 Person is deemed to have predeceased another person

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(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…

Ohio Rev. Code Ann. § 2105.33 Person deemed to have predeceased specified event

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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 tha…

Ohio Rev. Code Ann. § 2105.34 Co-owners with right of survivorship

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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 proper…

Ohio Rev. Code Ann. § 2105.35 Determination and evidence of death and status

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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 irrever…

Ohio Rev. Code Ann. § 2105.36 Provisions of governing instrument

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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 gove…

Ohio Rev. Code Ann. § 2105.37 Payor or third party not liable

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(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 t…

Ohio Rev. Code Ann. § 2105.38 Retroactivity

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(A) Sections 2105.31 to 2105.40 of the Revised Code do not impair any act done in any proceeding, or any right that accrued, before the effective date of the amendment of this section. If a right is acquired, extinguished, or barred upon the expiration of a prescribed period of t…

Ohio Rev. Code Ann. § 2105.39 Uniformity of laws

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Sections 2105.31 to 2105.40 of the Revised Code shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of those sections among the states enacting the law.

Ohio Rev. Code Ann. § 2105.40 Citation

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Sections 2105.31 to 2105.40 of the Revised Code may be cited as the uniform simultaneous death act.