Effective: May 31, 1990
Latest Legislation: House Bill 346 - 118th General Assembly
If a surviving spouse elects to take under the will, the surviving spouse shall be barred of all right to an intestate share of the property passing under the will and shall take under the will alone, unless it plainly appears from the will that the provision for the surviving spouse was intended to be in addition to an intestate share. An election to take under the will does not bar the right of the surviving spouse to an intestate share of that portion of the estate as to which the decedent dies intestate. Unless the will expressly otherwise directs, an election to take under the will does not bar the right of the surviving spouse to remain in the mansion house, and does not bar the right of the surviving spouse to receive the allowance for the support provided by section 2106.13 of the Revised Code.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2106 | Rights of Surviving Spouses
Section 2106.01 | Election by Surviving Spouse.
Section 2106.02 | Citation to Make Election.
Section 2106.03 | Complaint - Construction of Will.
Section 2106.04 | Failure to Make Election - Presumption.
Section 2106.05 | Election to Take Under the Will - Effect.
Section 2106.06 | Election Made in Person.
Section 2106.07 | Commission Issued to Take Election of Spouse.
Section 2106.08 | Election Made by One Under Legal Disability.
Section 2106.10 | Election to Receive Mansion House.
Section 2106.11 | Specific Monetary Share Payable to a Surviving Spouse.
Section 2106.13 | Allowance for Support.
Section 2106.15 | Mansion House.
Section 2106.16 | Purchase of Property by Surviving Spouse.
Section 2106.18 | Transfer of Automobile Titles.
Section 2106.19 | Transfer of Title to Watercraft or Outboard Motor.
Section 2106.20 | Reimbursement for Funeral Expenses.
Section 2106.22 | Action to Set Aside Antenuptial or Separation Agreement.
Section 2106.24 | Additional Rights of Surviving Spouse.
Section 2106.25 | Time Limit for Exercising Rights - Motion for Extension.