Ohio Revised Code

Ohio Rev. Code § 2131.02 (2026)

Legal disability defined

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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, 106 N.E.3d 1239.
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Thomasson v. Thomasson (Slip Opinion), 2018-Ohio-2417, 106 N.E.3d 1239. · 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, 179 N.E.3d 222. · 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. 8th Dist. 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. · 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. “"); R.C. 2131.02 (which defines “legal disability” as “[p]ersons in captivity”).”
In re Evans v. Evans-Sanford, 2020-Ohio-5315. · 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. “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. · 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. · 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. 10th Dist. 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…”
Show all 17 citing cases →
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. “{¶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. “” 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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