Ohio Rev. Code » Chapter 2105
Ohio Revised Code

Ohio Rev. Code § 2105.01 (2026)

No distinction between ancestral and nonancestral or real and personal property

✓ current as of May 2026
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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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In intestate succession, there shall be no difference between ancestral and nonancestral property or between real and personal property.
Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 1956–2025 · leading case: Palazzi v. Est. of Gardner, 512 N.E.2d 971 (Ohio 1987).
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Palazzi v. Est. of Gardner, 512 N.E.2d 971 (Ohio 1987). · cites it 2× “It provides: “No will shall be admitted to probate without notice to the surviving spouse known to the applicant, and to the persons known to the applicant to be residents of the state who would be entitled to inherit from the testator under sections 2105.01 to 2105.21 of the…”
Cent. Trust Co. v. First Nat'l Bank of Cincinnati, 249 N.E.2d 799 (Ohio 1969). · cites it 3× “39 of the Revised Code, as soon as the facts come to the knowledge of the Probate Court, the Probate Court shall appoint some suitable person to ascertain the value of the provision made for such spouse by the testator and the value of the rights in the estate of such testator…”
Toledo Trust Co. v. Nat'l Bank of Detroit, 362 N.E.2d 273 (Ohio Ct. App. 1976). · cites it 2× “39 of the Revised Code, as soon as the facts come to the knowledge of the probate court, the probate court shall appoint some suitable person to ascertain the value of the provision made for such spouse by the testator and the value of the rights in the estate of such testator…”
In Re Est. of Callan, 135 N.E.2d 464 (Ohio Ct. App. 1956). · cites it 2× “under Sections 2105.01 to 2105.21, inclusive, of the Revised Code.”
Cabaniss Ex Rel. Cabaniss v. City of Riverside, 497 F. Supp. 2d 862 (S.D. Ohio 2006). · cites it 2× “21 of the Ohio Revised Code against Craine, Carlton, Naff, Kronenber-ger and Smith, predicated upon the incidents giving rise to First through Ninth Claims for Relief (Tenth Claim for Relief); 11) a wrongful death claim brought in accordance with § 2105.01 of the Ohio Revised…”
In Re Est. of Hinklin, 586 N.E.2d 130 (Ohio Ct. App. 1989). “45, the function of the court was to appoint a suitable person to ascertain the value of the provision made for a spouse by the testator and the value of the rights in the estate for the spouse under R.C. 2105.01 to 2105.21. When the report of that appointed person was returned…”
Merch. v. Adair, 179 N.E.2d 152 (Ohio Ct. App. 1960). · cites it 2× “at if he were concerned, as it is urged he was, with keeping the property within the blood line, he would have been content to have the reversion in fee devolve upon the sons, there being then no likelihood that it would descend to the wife, and the testator apparently…”
In Re Est. of Pendleton, 753 N.E.2d 237 (Ohio Ct. App. 2001). · cites it 2× “39 of the Revised Code, as soon as the facts come to the knowledge of the probate court, the probate court shall appoint some suitable person to ascertain the value of the provision made for such spouse by the testator and the value of the rights in the estate of such testator…”
In re Est. of LaSpina, 397 N.E.2d 1196 (Ohio 1979). · cites it 2× “39 of the Revised Code, as soon as the facts come to the knowledge of the probate court, the probate court shall appoint some suitable person to ascertain the value of the provision made for such spouse by the testator and the value of the rights in the estate of such testator…”
State v. Day, 2025 Ohio 5625 (Ohio Ct. App. 2025). “R.C. 2105.01(B)(1); State v. Palmer, 2024-Ohio-539, ¶ 1, 19 (addressing self-defense claims specifically by discussing changes in R.”
In Re Est. of Strauch, 229 N.E.2d 95 (Ohio Ct. App. 1967). · cites it 2× “39 of the Revised Code, as soon as the facts come to the knowledge of the Probate Court, the Probate Court shall appoint some suitable person to ascertain the value of the provision made for such spouse by the testator and the value of the rights in the estate of such testator…”
Kluever v. Cleveland Trust Co., 173 N.E.2d 183 (Ohio Ct. App. 1961). · cites it 2× “If there are no children or their lineal descendants, such estate, except for the one-half passing to the surviving spouse of such relict, shall pass and descend as follows: “ (A) One half to the other heirs of such relict as provided by Sections 2105.01 to 2105.09, inclusive,…”
Show all 16 citing cases →
Ohio Rev. Code § 2105.01(B)(1): 1 case
State v. Day, 2025 Ohio 5625 (Ohio Ct. App. 2025). “R.C. 2105.01(B)(1); State v. Palmer, 2024-Ohio-539, ¶ 1, 19 (addressing self-defense claims specifically by discussing changes in R.”
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