Ohio Code § 2108.75

Ohio Code § 2108.75. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2108.75.

(A) A person shall be disqualified from serving as a representative or successor representative,

or from having the right of disposition for a deceased person pursuant to section 2108.81 of the Revised Code , if any of the following occurs: (1) The person dies. (2) A probate court declares or determines that the person is incompetent. (3) The person resigns or declines to exercise the right as described in section 2108.88 of the Revised Code . (4) The person fails to exercise the right within forty-eight hours after notification

of the declarant's or deceased person's death or, if there is no notification, within

seventy-two hours of either of the following, as applicable: (a) The declarant's or deceased person's death; (b) The discovery of the declarant's or deceased person's remains, when such discovery

occurs more than an hour after the declarant's or deceased person's death. (5) The person cannot be located with reasonable effort. (6) The person meets the criteria described in section 2108.76 or 2108.77 of the Revised Code . (7) The person refuses to assume the liability for the costs of disposition. (B) No owner, employee, or agent of a funeral home, cemetery, or crematory providing

funeral, burial, or cremation services for a declarant shall serve as a representative

or successor representative for the declarant unless the owner, employee, or agent

is related to the declarant by blood, marriage, or adoption. (C) Subject to divisions (C)(2) and (D) of section 2108.70 of the Revised Code , if a person is disqualified from serving as the declarant's representative or successor

representative, or from having the right of disposition for a deceased person pursuant

to section 2108.81 of the Revised Code , as described in division (A) of this section, the right is automatically reassigned

to, and vests in, the next person who has the right pursuant to the declarant's written

declaration or pursuant to the order of priority in section 2108.81 of the Revised Code . If a right of disposition for a deceased person is assigned to a funeral director

under division (B)(9) of section 2108.81 of the Revised Code , the funeral director is not liable for the cost of disposition.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2108.75
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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