Effective: April 6, 2017
Latest Legislation: House Bill 432 - 131st General Assembly
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 any specified period, or expressly requires the individual to survive the event for a specified period, but the survival of the event for the specified period shall be established by clear and convincing evidence.
(C) The imposition of a one-hundred-twenty-hour requirement of survival would cause a nonvested property interest or a power of appointment to be invalid under section 2131.08 of the Revised Code, but the survival shall be established by clear and convincing evidence.
(D) The application of a one-hundred-twenty-hour requirement of survival to multiple governing instruments would result in an unintended failure or duplication of a disposition, but the survival shall be established by clear and convincing evidence.
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.