Ohio Revised Code

Ohio Rev. Code § 2131.02 (2026)

Legal disability defined

✓ current as of May 2026
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"Legal disability" as used in Chapters 2101., 2103., 2105., 2107., 2109., 2111., 2113., 2115., 2117., 2119., 2121., 2123., 2125., 2127., 2129., and 2131. of the Revised Code includes the following:

(A) Persons under the age of eighteen years;

(B) Persons of unsound mind;

(C) Persons in captivity;

(D) Persons under guardianship of the person and estate, or either.

Notes of Decisions
Cited in 17 cases (2 in the last 5 years), 1955–2025 · leading case: Thomasson v. Thomasson (Slip Opinion), 2018 Ohio 2417 (Ohio 2018).
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Thomasson v. Thomasson (Slip Opinion), 2018 Ohio 2417 (Ohio 2018). · cites it 2× “Chapter 3109, but it has provided a definition in R.C. 2131.02; while that definition is not controlling here, it does provide guidance.”
C.S. v. R.S., 2021 Ohio 3581 (Ohio Ct. App. 2021). · cites it 3× “" In analyzing "legal disability," the Wiczynski court at ¶ 22 looked to R.C. 2131.02, acknowledging, "although specifically applicable to probate matters, nevertheless aids in our analysis.”
Seguin v. Gallo, 486 N.E.2d 1270 (Ohio Ct. App. 1985). · cites it 2× “1 Appellant points out that R.C. 2131.02 includes within the definition of legal disability “[pjersons under guardianship of the person and estate, or either.”
Wilburn v. Allen, 552 N.E.2d 934 (Ohio 1990). · cites it 2× “*146 The R.C. 2131.02 definition of “legal disability” does not distinguish between mental and physical disability.”
In re Palcisco, 2012 Ohio 6134 (Ohio Ct. App. 2012). · cites it 2× “This court also cited to section 2131.02 from Title 21 of the Revised Code, establishing the probate court system, for the definition of “legal disability” as being “of unsound mind,” and to R.”
In re I.T.A., 2012 Ohio 1689 (Ohio Ct. App. 2012). “"); R.C. 2131.02 (which defines “legal disability” as “[p]ersons in captivity”).”
In re Evans v. Evans-Sanford, 2020 Ohio 5315 (Ohio Ct. App. 2020). · cites it 3× “{¶28} In probate court, Evans argued that this period is not applicable to him because: (1) his signature on the wavier form is a forgery and (2) he is under a legal disability under R.C. 2131.02(C), which governs persons “in captivity.”
Fenstermaker v. Fenstermaker, 2015 Ohio 5524 (Ohio Ct. App. 2015). “A definition of “legal disability” is found in R.C. 2131.02, with a list of specific statutes to which the definition applies.”
Farmer v. Berry, 2012 Ohio 4940 (Ohio Ct. App. 2012). · cites it 2× “19 of the Revised Code, change of retirement plan, selection of a plan of payment, designation of a beneficiary, or application for and receipt of a refund if the recipient is eighteen years of age or older and suffers from a legal disability as defined in division (B), (C), or…”
In re Est. of Wilson, 2025 Ohio 5594 (Ohio Ct. App. 2025). · cites it 9× “” R.C. 2131.02. Ms. Koeberer was “entitled” to be recognized as being under a legal disability as a person subject to a 5 For purposes of R.”
Mayfield v. Herderick, 514 N.E.2d 441 (Ohio Ct. App. 1986). · cites it 3× “The definition of “legal disability” is set forth in R.C. 2131.02 which states: “ ‘Legal disability’ as used in Chapters 2101.”
In Re Est. of Christman, 136 N.E.2d 80 (Ohio Ct. App. 1955). · cites it 2× ““Legal disability” is defined in Section 2131.02, Revised Code, as follows: “ ‘Legal disability’ as used in Chapters * * * 2117 * * * of the Revised Code includes the following: “(A) Persons under the age of twenty-one years; “(B) Persons of unsound mind; “(C) Persons in…”
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Ohio Rev. Code § 2131.02(B): 1 case
Wilburn v. Allen, 552 N.E.2d 934 (Ohio 1990). “*146 The R.C. 2131.02 definition of “legal disability” does not distinguish between mental and physical disability.”
Ohio Rev. Code § 2131.02(C): 1 case
In re Evans v. Evans-Sanford, 2020 Ohio 5315 (Ohio Ct. App. 2020). “{¶28} In probate court, Evans argued that this period is not applicable to him because: (1) his signature on the wavier form is a forgery and (2) he is under a legal disability under R.C. 2131.02(C), which governs persons “in captivity.”
Ohio Rev. Code § 2131.02(D): 1 case
In re Est. of Wilson, 2025 Ohio 5594 (Ohio Ct. App. 2025). “” R.C. 2131.02. Ms. Koeberer was “entitled” to be recognized as being under a legal disability as a person subject to a 5 For purposes of R.”
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