Effective: January 13, 2012
Latest Legislation: Senate Bill 124 - 129th General Assembly
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 equal parts of that portion of the estate to which the deceased child would be entitled if the deceased child were living.
This section shall apply in all cases in which the descendants of the intestate, not more remote than lineal descendants of grandparents, entitled to share in the estate, are of unequal degree of consanguinity to the intestate, so that those who are of the nearest degree of consanguinity will take the share to which they would have been entitled, had all the descendants in the same degree of consanguinity with them who died leaving issue, been living.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2105 | Descent and Distribution
Section 2105.01 | No Distinction Between Ancestral and Nonancestral or Real and Personal Property.
Section 2105.02 | Construction of Living and Died.
Section 2105.03 | Determination of Next of Kin.
Section 2105.04 | Permanent Leases to Descend Same as Estates in Fee.
Section 2105.051 | Advancements - Time of Valuation.
Section 2105.052 | Debts Owed to Decedent.
Section 2105.06 | Statute of Descent and Distribution.
Section 2105.061 | Real Property Subject to Monetary Charge of Surviving Spouse.
Section 2105.062 | Children Conceived as Result of Rape or Sexual Battery.
Section 2105.07 | Escheat of Personal Estate.
Section 2105.08 | Application of Provisions Relating to Escheating Estates.
Section 2105.09 | Disposition of Escheated Lands.
Section 2105.10 | Parent Abandoning Minor Child Barred From Intestate Succession.
Section 2105.11 | Estate to Descend Equally to Children of Intestate.
Section 2105.12 | Descent When All Descendants of Equal Degree of Consanguinity.
Section 2105.13 | Descent When Children and Heirs of Deceased Children Are Living.
Section 2105.14 | Child Conceived Before Intestate's Death.
Section 2105.15 | Designation of Heir at Law.
Section 2105.16 | Heirs of Aliens May Inherit - Aliens May Hold Lands.
Section 2105.17 | Children Born Out of Wedlock.
Section 2105.19 | Persons Prohibited From Benefiting by the Death of Another.
Section 2105.20 | Waste by Tenant for Life.
Section 2105.25 | Filing Declaration Alleging Fatherhood of Adult Child.
Section 2105.26 | Order Declaring Fatherhood of Adult Child.
Section 2105.31 | Uniform Simultaneous Death Act Definitions.
Section 2105.32 | Person Is Deemed to Have Predeceased Another Person.
Section 2105.33 | Person Deemed to Have Predeceased Specified Event.
Section 2105.34 | Co-Owners With Right of Survivorship.
Section 2105.35 | Determination and Evidence of Death and Status.
Section 2105.36 | Provisions of Governing Instrument.
Section 2105.37 | Payor or Third Party Not Liable.
Section 2105.38 | Retroactivity.