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Ohio Revised Code

Ohio Rev. Code § 2106.18 (2026)

Transfer of automobile titles

✓ current as of May 2026
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Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
PDF:
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(A) Upon the death of a married resident who owned at least one automobile at the time of death, the interest of the deceased spouse in one or more automobiles that are not transferred to the surviving spouse due to joint ownership with right of survivorship established under section 2131.12 of the Revised Code, that are not transferred to a transfer-on-death beneficiary or beneficiaries designated under section 2131.13 of the Revised Code, and that are not otherwise specifically disposed of by testamentary disposition may be selected by the surviving spouse. This interest shall immediately pass to the surviving spouse upon transfer of the title or titles in accordance with section 4505.10 of the Revised Code. The sum total of the values of the automobiles selected by a surviving spouse under this division, as specified in the affidavit that the surviving spouse executes pursuant to division (B) of section 4505.10 of the Revised Code, shall not exceed sixty-five thousand dollars. Each automobile that passes to a surviving spouse under this division shall not be considered an estate asset and shall not be included in the estate inventory.

(B) The executor or administrator, with the approval of the probate court, may transfer title to an automobile owned by the decedent to any of the following:

(1) The surviving spouse, when the automobile is purchased by the surviving spouse pursuant to section 2106.16 of the Revised Code;

(2) A distributee;

(3) A purchaser.

(C) The executor or administrator may transfer title to an automobile owned by the decedent without the approval of the probate court to any of the following:

(1) A legatee entitled to the automobile under the terms of the will;

(2) A distributee if the distribution of the automobile is made without court order pursuant to section 2113.55 of the Revised Code;

(3) A purchaser if the sale of the automobile is made pursuant to section 2113.39 of the Revised Code.

(D) As used in division (A) of this section, "automobile" includes a motorcycle and includes a truck if the truck was used as a method of conveyance by the deceased spouse or the deceased spouse's family when the deceased spouse was alive.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2006–2026 · leading case: In re Whitt, 534 B.R. 320 (Bankr. N.D. Ohio 2015).
Sort: Relevance Newest Treatment
In re Whitt, 534 B.R. 320 (Bankr. N.D. Ohio 2015). · cites it 20× “18(A) states, in pertinent part: Upon the death of a married resident who owned at least one automobile at the time of death, the interest of the deceased spouse in up to two automobiles that are not transferred to the surviving spouse due to joint ownership with right of…”
In Re Jackson, 348 B.R. 771 (Bankr. S.D. Ohio 2006). · cites it 2× “If the surviving spouse selected two automobiles 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 lower value of the two automobiles so selected.”
In re Est. of Robison, 2017 Ohio 8980 (Ohio Ct. App. 2017). · cites it 4× “17AP-232 2 lease between appellant and decedent for appellant's residential use of real property in Pataskala, Ohio, (4) improperly included two vehicles subject to a surviving spouse's election pursuant to R.C. 2106.18 in the inventory, and (5) misidentified the VIN or vehicle…”
Zahn v. Nelson, 866 N.E.2d 58 (Ohio Ct. App. 2007). “44 plus an automobile with a value of $1,850 that the estate previously transferred to Donna pursuant to R.C. 2106.18. Additionally, the parties agree that on May 1, 1989, William executed a trust agreement, which transferred the ownership of the bulk of his assets to the trust,…”
In re Est. of Harmon, 2016 Ohio 2617 (Ohio Ct. App. 2016). “See R.C. 2106.18. Dianna further made no distribution to Audrey's estate, including any provision as to Audrey's right to take an intestate share of one-half of the net estate from Paul's estate.”
Myers v. Clerk of Courts, 2026 Ohio 1500 (Ohio Ct. App. 2026). “See also R.C. 2106.18 (discussing the interest of a surviving spouse in the automobiles of a decedent); R.”
— Ohio Rev. Code § 2106.18(A) — 2 cases
In re Whitt, 534 B.R. 320 (Bankr. N.D. Ohio 2015). “18(A) states, in pertinent part: Upon the death of a married resident who owned at least one automobile at the time of death, the interest of the deceased spouse in up to two automobiles that are not transferred to the surviving spouse due to joint ownership with right of…”
In re Est. of Robison, 2017 Ohio 8980 (Ohio Ct. App. 2017). “17AP-232 2 lease between appellant and decedent for appellant's residential use of real property in Pataskala, Ohio, (4) improperly included two vehicles subject to a surviving spouse's election pursuant to R.C. 2106.18 in the inventory, and (5) misidentified the VIN or vehicle…”
— Ohio Rev. Code § 2106.18(AA) — 1 case
In re Whitt, 534 B.R. 320 (Bankr. N.D. Ohio 2015). “18(A) states, in pertinent part: Upon the death of a married resident who owned at least one automobile at the time of death, the interest of the deceased spouse in up to two automobiles that are not transferred to the surviving spouse due to joint ownership with right of…”
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