A person of sound mind and memory may appear before the probate judge of the person's county and in the presence of the judge and two disinterested persons of that person's acquaintance, file a written declaration declaring that, as the person's free and voluntary act, the person did designate and appoint another, stating the name and place of residence of the other person specifically, to stand toward the person in the relation of an heir at law in the event of the person's death. The declaration shall be attested by the two disinterested persons and subscribed by the declarant. If satisfied that the declarant is of sound mind and memory and free from restraint, the judge shall enter that fact upon the judge's journal and make a complete record of the proceedings. From then on the person designated will stand in the same relation, for all purposes, to the declarant as the person designated could if a child born in lawful wedlock. The rules of inheritance will be the same between the person designated and the relations by blood of the declarant, as if so born. A certified copy of the record will be prima-facie evidence of the fact stated in the record, and conclusive evidence, unless impeached for actual fraud or undue influence. After a lapse of one year from the date of the designation, the declarant may have the designation vacated or changed by filing in that probate court an application to vacate or change the designation of heir; provided that there is compliance with the procedure, conditions, and prerequisites required in the making of the original declaration.
Notes of Decisions
Cited in 23
cases (3 in the last 5 years), 1961–2025 · leading case: Beck v. Jolliff, 489 N.E.2d 825 (Ohio Ct. App. 5th Dist. 1984).
Beck v. Jolliff, 489 N.E.2d 825 (Ohio Ct. App. 5th Dist. 1984). · cites it 4ד18; or 5) designating the child as his heir-at-law - R.C. 2105.15. At the same time as the statutory changes were being made, the illegiti-mates launched a vigorous attack on the legitimacy-based discriminations as violative of the Equal Protection Clauses of the United States…”
Brookbank v. Gray, 74 Ohio St. 3d 279 (Ohio 1996). · cites it 2ד18); (2) by designating the illegitimate child as his heir-at-law (R.C. 2105.15); (3) by adopting the illegitimate child; and (4) by making a provision for the child in his will.”
In Re Est. of Hicks, 629 N.E.2d 1086 (Ohio Ct. App. 6th Dist. 1993). · cites it 2ד18), or (5) designating the child as his heir at law (R.C. 2105.15). See Beck, supra, 22 Ohio App.”
Bank One Trust Co. v. Reynolds, 877 N.E.2d 342 (Ohio Ct. App. 2d Dist. 2007). · cites it 2דThat section further provides that upon a proper filing, “the judge thereupon shall enter that fact upon his journal and make a complete record of such proceedings.”
Byrd v. Trennor, 811 N.E.2d 549 (Ohio Ct. App. 2d Dist. 2004). “Illegitimate children can inherit from their fathers if it is shown that affirmative steps were taken by their father, which could include (1) marrying the child’s mother; (2) providing for the child in a will; (3) adopting the child; (4) acknowledging the child pursuant to R.”
Birman v. Sproat, 546 N.E.2d 1354 (Ohio Ct. App. 2d Dist. 1988). “18, by designating the child as his heir at law under R.C. 2105.15, by adoption, or by making provision for the child in his will.”
Martin v. Daily Express, Inc., 878 F. Supp. 91 (N.D. Ohio 1995). · cites it 3ד18; (3) the father designates the child as his heir-at-law, pursuant to O.R.C. § 2105.15; (4) the father adopts the child; (5) the father provides for the child in his will; or (6) the father establishes a parent-child relationship with the child pursuant to the Ohio Parentage…”
In re Est. of Burdette, 2016-Ohio-5866. · cites it 2דTrennor, supra, we identified five ways to establish a parent-child relationship for purposes of inheritance, as follows: Illegitimate children can inherit from their fathers if it is shown that affirmative steps were taken by their father, which could include (1) marrying the…”
Morgan v. Schweiker, 558 F. Supp. 331 (S.D. Ohio 1983). “The ALJ found that the plaintiff had failed to prove eligibility under the Ohio Intestacy Statute, Ohio Revised Code §§ 2105.15 and 2105.18. Plaintiff had initially attacked both the constitutionality and the application of that statute but the ALJ held that White v.”
Hunter-Martin v. Winchester Transp., Inc., 593 N.E.2d 383 (Ohio Ct. App. 3d Dist. 1991). “18); (3) designate the child as an heir-at-law (R.C. 2105.15); (4) adopt the child; or (5) make a provision for the child in his will.”
Ehman v. Harvey, 2023-Ohio-1129, 211 N.E.3d 1276. “Illegitimate children can inherit from their fathers if it is shown that affirmative steps were taken by their father, which could include (1) marrying the child’s mother; (2) providing for the child in will; (3) adopting the child; (4) acknowledging the child pursuant to R.”
Marinakis v. Marinakis, 2025-Ohio-2555. · cites it 4ד" The statute states in full: -2- Butler CA2024-05-070 Subject to division (C) of this section,1 if, after making a will, a testator has a child born alive, adopts a child, or designates an heir in the manner provided by section 2105.15 of the Revised Code, or if a child or…”
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