Ohio Code § 2106.04
Ohio Code § 2106.04. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2106.04.
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.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2106.04
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 2106.04?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 2106.04 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 2106.04 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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