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2025 Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2106 | Rights of Surviving Spouses
Section 2106.04 | Failure to Make Election - Presumption.

Universal Citation:
OH Rev Code § 2106.04 (2025)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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Effective: May 16, 2002

Latest Legislation: House Bill 242 - 124th General Assembly

If the surviving spouse dies before probate of the will, or, having survived the probate, thereafter either fails to make the election provided by section 2106.01 of the Revised Code or dies without having made an election within the times described in division (E) of that section, the surviving spouse shall be conclusively presumed to have elected to take under the will, and the surviving spouse and the heirs, devisees, and legatees of the surviving spouse, and those claiming through or under them, shall be bound by the conclusive presumption, and persons may deal with the property of the decedent accordingly; provided that, if applicable, the provisions of sections 2105.31 to 2105.39 of the Revised Code shall prevail over the provisions relating to the right of election of a surviving spouse.

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