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Ohio Revised Code

Ohio Rev. Code § 2106.13 (2026)

Allowance for support

✓ current as of May 2026
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Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
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(A) If a person dies leaving a surviving spouse and no minor children, leaving a surviving spouse and minor children, or leaving minor children and no surviving spouse, the surviving spouse, minor children, or both shall be entitled to receive, subject to division (B) of this section, in money or property the sum of forty thousand dollars as an allowance for support. If the surviving spouse selected more than one automobile under section 2106.18 of the Revised Code, the allowance for support prescribed by this section shall be reduced by the value of the automobile having the lowest value of the automobiles so selected. The money or property set off as an allowance for support shall be considered estate assets.

(B) The probate court shall order the distribution of the allowance for support described in division (A) of this section as follows:

(1) If the person died leaving a surviving spouse and no minor children, one hundred per cent to the surviving spouse;

(2) If the person died leaving a surviving spouse and minor children, and if all of the minor children are the children of the surviving spouse, one hundred per cent to the surviving spouse;

(3) If the person died leaving a surviving spouse and minor children, and if not all of the minor children are children of the surviving spouse, in equitable shares, as fixed by the probate court in accordance with this division, to the surviving spouse and the minor children who are not the children of the surviving spouse. In determining equitable shares under this division, the probate court shall do all of the following:

(a) Consider the respective needs of the surviving spouse, the minor children who are children of the surviving spouse, and the minor children who are not children of the surviving spouse;

(b) Allocate to the surviving spouse, the share that is equitable in light of the needs of the surviving spouse and the minor children who are children of the surviving spouse;

(c) Allocate to the minor children who are not children of the surviving spouse, the share that is equitable in light of the needs of those minor children.

(4) If the person died leaving minor children and no surviving spouse, in equitable shares, as fixed by the probate court in accordance with this division, to the minor children. In determining equitable shares under this division, the probate court shall consider the respective needs of the minor children and allocate to each minor child the share that is equitable in light of the child's needs.

(C) If the surviving spouse selected more than one automobile under section 2106.18 of the Revised Code, the probate court, in considering the respective needs of the surviving spouse and the minor children when allocating an allowance for support under division (B)(3) of this section, shall consider the benefit derived by the surviving spouse from the transfer of the automobile having the lowest value of the automobiles so selected.

(D) If, pursuant to this section, the probate court must allocate the allowance for support, the administrator or executor, within five months of the initial appointment of an administrator or executor, shall file with the probate court an application to allocate the allowance for support.

(E) The administrator or executor shall pay the allowance for support unless a competent adult or a guardian with the consent of the court having jurisdiction over the guardianship waives the allowance for support to which the adult or the ward represented by the guardian is entitled.

(F) For the purposes of this section, the value of an automobile that a surviving spouse selects pursuant to section 2106.18 of the Revised Code is the value that the surviving spouse specifies for the automobile in the affidavit executed pursuant to division (B) of section 4505.10 of the Revised Code.

Last updated May 20, 2021 at 2:07 PM

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1995–2025 · leading case: In Re Jackson, 348 B.R. 771 (Bankr. S.D. Ohio 2006).
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In Re Jackson, 348 B.R. 771 (Bankr. S.D. Ohio 2006). · cites it 17× “R.C. § 2106.13(A) and Memorandum in Support, Combined With Notice to All Creditors and Parties in Interest.”
Zahn v. Nelson, 866 N.E.2d 58 (Ohio Ct. App. 2007). · cites it 6× “After reviewing the pleadings, request for admissions, and interrogatories of record, the court concluded that R.C. 2106.13 entitles Donna to a $40,000 allowance for support.”
In re Est. of Cvanciger, 2015 Ohio 4318 (Ohio Ct. App. 2015). · cites it 37× “Starlin filed a “Motion 2 for Allowance of Support” pursuant to R.C. 2106.13. In his motion, he asked that, upon sale of the residence, the court order the first $40,000 be paid to him as his allowance for support pursuant to R.”
In Re Est. of Reddick, 657 N.E.2d 531 (Ohio Ct. App. 1995). · cites it 4× “This statute was amended and renumbered R.C. 2106.13 effective May 31, 1990.”
Severing v. Severing, 2015 Ohio 5236 (Ohio Ct. App. 2015). · cites it 7× “02, appellant would have been permitted to receive the $40,000 family allowance for support pursuant to R.C. 2106.13. Assets passing under the will were subject to the allowance, and appellant applied to sell the Clark State Road property in order to pay the allowance, since…”
In re Est. of Harmon, 2016 Ohio 2617 (Ohio Ct. App. 2016). “See R.C. 2106.13. Dianna also did not transfer to Audrey or for her benefit the Chevrolet automobile, or its cash equivalent.”
In re Est. of Woods, 2011 Ohio 1831 (Ohio Ct. App. 2011). “00 from Lena’s estate pursuant to R.C. 2106.13. The executor of Lena’s estate filed a notice of appeal from that final order.”
In Re Est. of Hernton, 842 N.E.2d 104 (Ohio Ct. App. 2005). “Hernton available pursuant to R.C. 2106.13 from the proceeds of a teacher’s personal annuity contract, when the last will and testament of the decedent specifically designated only certain items to be paid from the proceeds of the teacher’s personal annuity contract, and the…”
Est. of Hatcher-Hamilton v. Hamilton, 2022 Ohio 1834 (Ohio Ct. App. 2022). · cites it 4× “10 governs a surviving spouse’s right to receive the mansion house. Section 2106.10(A) provides, in relevant part, that a surviving spouse may elect to receive “the entire interest of the decedent spouse in the mansion house.”
In re Est. of Weitzel, 2021 Ohio 1859 (Ohio Ct. App. 2021). “See R.C. 2106.13, 2106.15, and 2106.18 thru 2106.”
In re Est. of Davis, 2025 Ohio 148 (Ohio Ct. App. 2025). “{¶ 4} In early 2021, Merridith elected to take against Patricia’s will, and on February 1, 2021 filed an application to be awarded the $40,000 family allowance pursuant to R.C. 2106.13(A) (“If a person dies leaving a surviving spouse and no minor children * * * the surviving…”
Dragovich v. Dragovich, 2012 Ohio 4114 (Ohio Ct. App. 2012). “The wife then died, and the husband filed an election against the will under R.C. 2106.13 asking for a family allowance.”
— Ohio Rev. Code § 2106.13(A) — 6 cases
In Re Jackson, 348 B.R. 771 (Bankr. S.D. Ohio 2006). “R.C. § 2106.13(A) and Memorandum in Support, Combined With Notice to All Creditors and Parties in Interest.”
Zahn v. Nelson, 866 N.E.2d 58 (Ohio Ct. App. 2007). “After reviewing the pleadings, request for admissions, and interrogatories of record, the court concluded that R.C. 2106.13 entitles Donna to a $40,000 allowance for support.”
In re Est. of Cvanciger, 2015 Ohio 4318 (Ohio Ct. App. 2015). “Starlin filed a “Motion 2 for Allowance of Support” pursuant to R.C. 2106.13. In his motion, he asked that, upon sale of the residence, the court order the first $40,000 be paid to him as his allowance for support pursuant to R.”
Severing v. Severing, 2015 Ohio 5236 (Ohio Ct. App. 2015). “02, appellant would have been permitted to receive the $40,000 family allowance for support pursuant to R.C. 2106.13. Assets passing under the will were subject to the allowance, and appellant applied to sell the Clark State Road property in order to pay the allowance, since…”
Est. of Hatcher-Hamilton v. Hamilton, 2022 Ohio 1834 (Ohio Ct. App. 2022). “10 governs a surviving spouse’s right to receive the mansion house. Section 2106.10(A) provides, in relevant part, that a surviving spouse may elect to receive “the entire interest of the decedent spouse in the mansion house.”
— Ohio Rev. Code § 2106.13(D) — 1 case
In re Est. of Cvanciger, 2015 Ohio 4318 (Ohio Ct. App. 2015). “Starlin filed a “Motion 2 for Allowance of Support” pursuant to R.C. 2106.13. In his motion, he asked that, upon sale of the residence, the court order the first $40,000 be paid to him as his allowance for support pursuant to R.”
— Ohio Rev. Code § 2106.13(E) — 1 case
In re Est. of Cvanciger, 2015 Ohio 4318 (Ohio Ct. App. 2015). “Starlin filed a “Motion 2 for Allowance of Support” pursuant to R.C. 2106.13. In his motion, he asked that, upon sale of the residence, the court order the first $40,000 be paid to him as his allowance for support pursuant to R.”
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