Ohio Revised Code

Ohio Rev. Code § 2105.061 (2026)

Real property subject to monetary charge of surviving spouse

✓ current as of May 2026
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Except any real property that a surviving spouse elects to receive under section 2106.10 of the Revised Code, the title to real property in an intestate estate shall descend and pass in parcenary to those persons entitled to it under division (B), (C), or (D) of section 2105.06 of the Revised Code, subject to the monetary charge of the surviving spouse. The administrator or executor shall file an application for a certificate of transfer as provided in section 2113.61 of the Revised Code, and the application shall include a statement of the amount of money that remains due and payable to the surviving spouse as found by the probate court. The certificate of transfer ordered by the probate court shall recite that the title to the real property described in the certificate is subject to the monetary charge in favor of the surviving spouse and shall recite the value in dollars of the charge on the title to the real property included in the certificate.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1963–2021 · leading case: Clark v. Beyoglides, 2021 Ohio 4588 (Ohio Ct. App. 2021).
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Clark v. Beyoglides, 2021 Ohio 4588 (Ohio Ct. App. 2021). · cites it 5× “{¶ 41} The 1961 statute, R.C. 2105.061, provided that: “Any competent adult entitled to receive any right, title, or interest in any property through intestate succession as provided by section 2105.”
Wolfrum v. Wolfrum, 208 N.E.2d 537 (Ohio 1965). · cites it 2× “The sole issne raised by this appeal is whether the Conrt of Common Pleas has jurisdiction of an action to rescind a rennnciation of an interest in intestate succession filed with the Probate Court pursuant to Section 2105.061, Revised Code. The basis for the jurisdiction of…”
In Re Est. of Wolfrum, 202 N.E.2d 631 (Ohio Ct. App. 1963). · cites it 2× “This appeal involves the renunciation of a succession under the statutes of descent and distribution pursuant, specifically, to Section 2105.061,- Revised Code, providing as follows:' .”
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