Ohio Code § 2108.77
Ohio Code § 2108.77. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2108.77.
If the person named as the declarant's representative or successor representative
in a written declaration, or the person who has a deceased person's right of disposition
pursuant to section 2108.81 of the Revised Code , meets any of the following criteria, the person shall be disqualified from serving
as the representative or successor representative, or from having the right: (A)(1) Subject to division (A)(2) of this section, the person has been charged with murder,
aggravated murder, or voluntary manslaughter. (2) If the charges against the person described in division (A)(1) of this section are
dismissed or if the person is acquitted of such charges, the right is restored to
the person. (B)(1) Subject to division (B)(2) of this section, the person has been charged with an act
of domestic violence under section 2919.25 of the Revised Code and it has been alleged in the charging instrument or accompanying papers that the
act resulted in or contributed to the declarant's death. (2) If the charges against the person described in division (B)(1) of this section are
dismissed or if the person is acquitted of such charges, the right is restored to
the person. (C) The person and the declarant or deceased person are spouses and an action to terminate
the marriage pursuant to Chapter 3105. of the Revised Code was pending at the time
of the declarant's or deceased person's death. (D) The person and the declarant or deceased person are spouses and a probate court,
on the motion of any other person or its own motion, determines that the declarant's
or deceased person's spouse and the declarant were estranged at the time of the declarant's
or deceased person's death. As used in this division, “ estranged ” means that a declarant's or a deceased person's spouse and the declarant or deceased
person were physically and emotionally separated from each other, at the time of the
declarant's or deceased person's death, and had been separated for a period of time
that clearly demonstrates an absence of due affection, trust, and regard between spouse
and the declarant or deceased person.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2108.77
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
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
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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 § 2108.77 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 § 2108.77 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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