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 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 person in the relation of an heir at law in the event of the person's death. The declaration shall be attested by the two disinterested persons and subscribed by the declarant. If satisfied that the declarant is of sound mind and memory and free from restraint, the judge shall enter that fact upon the judge's journal and make a complete record of the proceedings. From then on the person designated will stand in the same relation, for all purposes, to the declarant as the person designated could if a child born in lawful wedlock. The rules of inheritance will be the same between the person designated and the relations by blood of the declarant, as if so born. A certified copy of the record will be prima-facie evidence of the fact stated in the record, and conclusive evidence, unless impeached for actual fraud or undue influence. After a lapse of one year from the date of the designation, the declarant may have the designation vacated or changed by filing in that probate court an application to vacate or change the designation of heir; provided that there is compliance with the procedure, conditions, and prerequisites required in the making of the original declaration.
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.