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Ohio Revised Code

Ohio Rev. Code § 2106.02 (2026)

Citation to make election

✓ current as of May 2026
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Effective:
April 8, 2004
Latest Legislation:
House Bill 51 - 125th General Assembly
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(A) The citation to make the election referred to in section 2106.01 of the Revised Code shall be served on the surviving spouse pursuant to Civil Rule 73. Notice that the citation has been issued by the court shall be given to the administrator or executor of the estate of the deceased spouse.

(B) The citation shall be accompanied by a general description of the effect of the election to take under the will or under section 2105.06 of the Revised Code and the general rights of the surviving spouse under Chapter 2106. of the Revised Code. The description shall include a specific reference to the procedures available to the surviving spouse under section 2106.03 of the Revised Code and to the presumption that arises if the surviving spouse does not make the election in accordance with division (E) of section 2106.01 of the Revised Code. The description of the general rights of the surviving spouse under Chapter 2106. of the Revised Code shall include a specific reference to the presumption that arises if the surviving spouse does not exercise the rights under Chapter 2106. of the Revised Code within the time period specified by section 2106.25 of the Revised Code. The description of the effect of the election and of the general rights of the surviving spouse need not relate to the nature of any particular estate.

(C) A surviving spouse electing to take under the will may manifest the election in writing within the times described in division (E) of section 2106.01 of the Revised Code.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1977–2021 · leading case: In Re Est. of Riley, 847 N.E.2d 22 (Ohio Ct. App. 2006).
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In Re Est. of Riley, 847 N.E.2d 22 (Ohio Ct. App. 2006). · cites it 2× “” R.C. 2106.02(A). {¶ 14} There is no doubt that certified mail is the preferred method of service in Ohio.”
In Re Columbus Outdoor Advert. Co., 367 N.E.2d 920 (Ohio Ct. App. 1977). · cites it 10× “The Common Pleas Court Erred in Determining that Section 2106.02, C. C. C. Is Not In Conflict with Federal and State Law Regulating Graphics and Is Therefore a Constitutionally Valid Exercise of Power by the City of Columbus.”
In re Est. of Weitzel, 2021 Ohio 1859 (Ohio Ct. App. 2021). · cites it 2× “) R.C. 2106.02(A) and (B). "Notice that the citation has been issued by the court shall be given to the administrator or executor of the estate[.”
— Ohio Rev. Code § 2106.02(A) — 2 cases
In Re Est. of Riley, 847 N.E.2d 22 (Ohio Ct. App. 2006). “” R.C. 2106.02(A). {¶ 14} There is no doubt that certified mail is the preferred method of service in Ohio.”
In re Est. of Weitzel, 2021 Ohio 1859 (Ohio Ct. App. 2021). “) R.C. 2106.02(A) and (B). "Notice that the citation has been issued by the court shall be given to the administrator or executor of the estate[.”
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