Ohio Rev. Code » Chapter 2106
Ohio Revised Code

Ohio Rev. Code § 2106.04 (2026)

Failure to make election - presumption

✓ current as of May 2026
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Effective:
May 16, 2002
Latest Legislation:
House Bill 242 - 124th General Assembly
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If the surviving spouse dies before probate of the will, or, having survived the probate, thereafter either fails to make the election provided by section 2106.01 of the Revised Code or dies without having made an election within the times described in division (E) of that section, the surviving spouse shall be conclusively presumed to have elected to take under the will, and the surviving spouse and the heirs, devisees, and legatees of the surviving spouse, and those claiming through or under them, shall be bound by the conclusive presumption, and persons may deal with the property of the decedent accordingly; provided that, if applicable, the provisions of sections 2105.31 to 2105.39 of the Revised Code shall prevail over the provisions relating to the right of election of a surviving spouse.
Notes of Decisions
Cited in 2 cases, 1995–2011 · leading case: In Re Est. of Reddick, 657 N.E.2d 531 (Ohio Ct. App. 1995).
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In Re Est. of Reddick, 657 N.E.2d 531 (Ohio Ct. App. 1995). “However, a spouse may file a motion for an extension of time within that one-month period and a court “for good cause shown” may allow additional time for making an election.”
In re Est. of Woods, 2011 Ohio 1831 (Ohio Ct. App. 2011). · cites it 2× “{¶ 16} R.C. 2106.04 provides: {¶ 17} “If the surviving spouse dies before probate of the will, or, having survived the probate, thereafter either fails to make the election provided by section 2106.”
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