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Home » US Law » 2022 Ohio Revised Code » Title 21 | Courts-Probate-Juvenile » Chapter 2105 | Descent and Distribution

Section 2105.02 | Construction of Living and Died.

Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly 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 […]

Section 2105.03 | Determination of Next of Kin.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly In the determination of intestate succession, next of kin shall be determined by degrees of relationship computed by the rules of civil law.

Section 2105.051 | Advancements – Time of Valuation.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly 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 […]

Section 2105.052 | Debts Owed to Decedent.

Effective: January 1, 1976 Latest Legislation: Senate Bill 145 – 111th General Assembly 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 […]

Section 2105.06 | Statute of Descent and Distribution.

Effective: March 23, 2015 Latest Legislation: Senate Bill 207 – 130th General Assembly 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 […]

Section 2105.061 | Real Property Subject to Monetary Charge of Surviving Spouse.

Effective: March 22, 2001 Latest Legislation: Senate Bill 152 – 123rd General Assembly 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), […]

Section 2105.062 | Children Conceived as Result of Rape or Sexual Battery.

Effective: March 23, 2015 Latest Legislation: Senate Bill 207 – 130th General Assembly 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 […]

Section 2105.07 | Escheat of Personal Estate.

Effective: May 16, 2002 Latest Legislation: House Bill 242 – 124th General Assembly 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 […]

Section 2105.08 | Application of Provisions Relating to Escheating Estates.

Effective: May 16, 2002 Latest Legislation: House Bill 242 – 124th General Assembly 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 […]

Section 2105.09 | Disposition of Escheated Lands.

Effective: September 29, 2011 Latest Legislation: House Bill 153 – 129th General Assembly (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 […]

Section 2105.10 | Parent Abandoning Minor Child Barred From Intestate Succession.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly (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 […]

Section 2105.11 | Estate to Descend Equally to Children of Intestate.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly 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 […]

Section 2105.12 | Descent When All Descendants of Equal Degree of Consanguinity.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly 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 […]

Section 2105.14 | Child Conceived Before Intestate’s Death.

Effective: April 6, 2017 Latest Legislation: Senate Bill 232, House Bill 432 – 131st General Assembly 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 […]

Section 2105.15 | Designation of Heir at Law.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly 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 […]

Section 2105.16 | Heirs of Aliens May Inherit – Aliens May Hold Lands.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly 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. Aliens may hold, possess, and enjoy real property within this state, either by descent, devise, gift, or purchase, […]

Section 2105.17 | Children Born Out of Wedlock.

Effective: January 1, 1976 Latest Legislation: Senate Bill 145 – 111th General Assembly 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.