Effective: March 14, 2017
Latest Legislation: Senate Bill 232 - 131st General Assembly
(A) Subject to division (C) of this section, if, after making a will, a testator has a child born alive, adopts a child, or designates an heir in the manner provided by section 2105.15 of the Revised Code, or if a child or designated heir who is absent and reported to be dead proves to be alive, and no provision has been made in the will or by settlement for the pretermitted child or heir, or for that child's or heir's issue, the will shall not be revoked. Unless it appears by the will that it was the intention of the testator to disinherit the pretermitted child or heir, the devises and legacies granted by the will, except those to a surviving spouse, shall be abated proportionately, or in any other manner that is necessary to give effect to the intention of the testator as shown by the will, so that the pretermitted child or heir will receive a share equal to that which the person would have been entitled to receive out of the estate if the testator had died intestate with no surviving spouse, owning only that portion of the testator's estate not devised or bequeathed to or for the use and benefit of a surviving spouse. If the pretermitted child or heir dies prior to the death of the testator, the issue of the deceased child or heir shall receive the share the parent would have received if living.
(B) If the pretermitted child or heir supposed to be dead at the time of executing the will has lineal descendants, provision for whom is made by the testator, the other legatees and devisees need not contribute, but the pretermitted child or heir shall take the provision made for the pretermitted child's or heir's lineal descendants or that part of it as, in the opinion of the probate judge, may be equitable. In settling the claim of a pretermitted child or heir, any portion of the testator's estate received by a party interested, by way of advancement, is a portion of the estate and shall be charged to the party who has received it.
(C) Notwithstanding any provision in this chapter to the contrary, any person born more than three hundred days after the date of death of a testator shall not inherit under the testator's will as a child or heir of the testator unless the will clearly provides otherwise. If a will clearly provides that such a posthumously born child or heir shall inherit under the will, notwithstanding any provision in the will to the contrary, that child or heir shall inherit only if born within a period of one year and three hundred days from the date of death of the testator. This division does not apply to the terms of a testamentary trust.
(D) Though measured by Chapter 2105. of the Revised Code, the share taken by a child born after the making of a will or by a pretermitted child or heir pursuant to division (A) of this section shall be considered as a testate succession. This section does not prejudice the right of any fiduciary to act under any power given by the will, nor shall the title of innocent purchasers for value of any of the property of the testator's estate be affected by any right given by this section to a child born after the making of a will or a pretermitted child or heir.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Section 2107.01 | Will Construed.
Section 2107.011 | Inheritance and Bequest Defined.
Section 2107.02 | Who May Make Will.
Section 2107.03 | Method of Making Will.
Section 2107.04 | Agreement to Make a Will.
Section 2107.05 | Incorporation by Reference.
Section 2107.06 | Age Requirement for Witnessing Will.
Section 2107.07 | Deposit of Will.
Section 2107.08 | Delivery of Deposited Will.
Section 2107.09 | Who May Enforce Production of a Will.
Section 2107.10 | Effect of Withholding Will.
Section 2107.11 | Jurisdiction to Probate.
Section 2107.12 | Contest of Jurisdiction.
Section 2107.15 | Witness a Devisee or Legatee.
Section 2107.16 | Will Proved in Certain Cases.
Section 2107.17 | Depositions May Be Taken by Commission.
Section 2107.18 | Admission of Will to Probate.
Section 2107.181 | Interlocutory Orders - Rehearing.
Section 2107.19 | Notice of Admission of Will to Probate.
Section 2107.20 | Filing and Recording of Will - Certified Copy.
Section 2107.21 | Recorded in Each County Where Real Property Is Situated.
Section 2107.22 | Probate of Will of Later Date.
Section 2107.24 | Treatment of Document as Will Notwithstanding Noncompliance With Statute.
Section 2107.26 | Lost, Spoliated, or Destroyed Wills May Be Admitted to Probate.
Section 2107.27 | Notice of Application - Testimony - Probate.
Section 2107.28 | Will Lost, Spoliated, or Destroyed After Admission to Probate.
Section 2107.29 | Record of Will Destroyed.
Section 2107.30 | Original Will May Again Be Admitted to Probate.
Section 2107.31 | Limitations as to Contests.
Section 2107.33 | Revocation of Will.
Section 2107.34 | Afterborn or Pretermitted Heirs.
Section 2107.35 | Encumbrances.
Section 2107.36 | Effect of Alteration of Property.
Section 2107.37 | Subsequent Marriage.
Section 2107.38 | Destruction of a Subsequent Will.
Section 2107.46 | Action by Fiduciary.
Section 2107.47 | Protection of Purchaser Against Will or Later Will.
Section 2107.48 | Foreign Will Cannot Be Contested Here.
Section 2107.49 | Rule in Shelley's Case Abolished.
Section 2107.50 | Property Acquired Subsequent to Will.
Section 2107.501 | Ademption - Exemptions.
Section 2107.51 | When Whole Estate to Pass.
Section 2107.52 | Deceased Devisee; Class Gifts.
Section 2107.521 | Specific References to Powers of Appointment.
Section 2107.53 | Undevised Real Property Applied to Debts.
Section 2107.54 | Contribution - Exception.
Section 2107.55 | Portion of Pretermitted Heir, or of Witness, Subject to Contribution.
Section 2107.56 | Liability in Case of Insolvency.
Section 2107.57 | Contribution Enforced.
Section 2107.58 | Order of Sale to Pay Debts.
Section 2107.59 | Sale of Real Property by Executor's Successor.
Section 2107.61 | Will Ineffectual.
Section 2107.62 | Expenses and Fees.
Section 2107.64 | Trustee Named in Will as Beneficiary.
Section 2107.65 | Conferring Power to Name Executor.
Section 2107.71 | Civil Action to Contest Validity of Will.
Section 2107.72 | Rules of Procedure - Jury Trial.
Section 2107.73 | Parties to Will Contest Action.
Section 2107.75 | Administration Costs of Purported Last Will or Codicil.