Effective: April 6, 2017
Latest Legislation: House Bill 432 - 131st General Assembly
(A) Upon the death of a married resident who owned at least one automobile at the time of death, the interest of the deceased spouse in one or more automobiles that are not transferred to the surviving spouse due to joint ownership with right of survivorship established under section 2131.12 of the Revised Code, that are not transferred to a transfer-on-death beneficiary or beneficiaries designated under section 2131.13 of the Revised Code, and that are not otherwise specifically disposed of by testamentary disposition may be selected by the surviving spouse. This interest shall immediately pass to the surviving spouse upon transfer of the title or titles in accordance with section 4505.10 of the Revised Code. The sum total of the values of the automobiles selected by a surviving spouse under this division, as specified in the affidavit that the surviving spouse executes pursuant to division (B) of section 4505.10 of the Revised Code, shall not exceed sixty-five thousand dollars. Each automobile that passes to a surviving spouse under this division shall not be considered an estate asset and shall not be included in the estate inventory.
(B) The executor or administrator, with the approval of the probate court, may transfer title to an automobile owned by the decedent to any of the following:
(1) The surviving spouse, when the automobile is purchased by the surviving spouse pursuant to section 2106.16 of the Revised Code;
(2) A distributee;
(3) A purchaser.
(C) The executor or administrator may transfer title to an automobile owned by the decedent without the approval of the probate court to any of the following:
(1) A legatee entitled to the automobile under the terms of the will;
(2) A distributee if the distribution of the automobile is made without court order pursuant to section 2113.55 of the Revised Code;
(3) A purchaser if the sale of the automobile is made pursuant to section 2113.39 of the Revised Code.
(D) As used in division (A) of this section, "automobile" includes a motorcycle and includes a truck if the truck was used as a method of conveyance by the deceased spouse or the deceased spouse's family when the deceased spouse was alive.
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.