Ohio Revised Code

Ohio Rev. Code § 2106.06 (2026)

Election made in person

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Effective:

May 31, 1990

Latest Legislation:

House Bill 346 - 118th General Assembly

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The election of a surviving spouse to take under section 2105.06 of the Revised Code and thereby refusing to take under the will shall be made in person before the probate judge, or a deputy clerk who has been appointed to act as a referee, except as provided in sections 2106.07 and 2106.08 of the Revised Code.

When the election is made in person before the judge or referee, the judge or referee shall explain the will, the rights under the will, and the rights, by law, in the event of a refusal to take under the will.

Notes of Decisions

Cited in 4 cases, 1984–2017 · leading case: In re Est. of Woods, 2011-Ohio-1831, 951 N.E.2d 1120.

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In re Est. of Woods, 2011-Ohio-1831, 951 N.E.2d 1120. · cites it 7× “06 was valid and binding, because Pleasie failed to make the election in person before the probate judge as required by R.C. 2106.06. We agree. {¶ 7} Once an administrator or executor of an estate is appointed, the probate court must issue a citation to a surviving spouse to…”

In re Parrett v. Wright, 2017-Ohio-9057. · cites it 3× “25, that he failed to appear in person before the probate judge, as required by R.C. 2106.06, and that the trial court erred in granting him 35 days to exercise his rights as a surviving spouse.”

In re The Est. of Adams, 2013-Ohio-5824. “{¶16} Further, R.C. 2106.06 requires the election of a surviving spouse to be made in person before the judge or magistrate.”

Winkelfoos v. Mann, 475 N.E.2d 509 (Ohio Ct. App. 6th Dist. 1984). “00 provided to the surviving spouse by O.R.C. 2106.06(B) [sic] be deducted from the gross estate before determining the net estate, and the surviving spouse’s fractional share thereof, under the provision[s] of O.”

Ohio Rev. Code § 2106.06(B): 1 case

Winkelfoos v. Mann, 475 N.E.2d 509 (Ohio Ct. App. 6th Dist. 1984). “00 provided to the surviving spouse by O.R.C. 2106.06(B) [sic] be deducted from the gross estate before determining the net estate, and the surviving spouse’s fractional share thereof, under the provision[s] of O.”

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