OH risk area
Complexity triggers in Ohio
Scenarios that increase estate risk, such as blended families or multi-state property.
Ohio lets a surviving spouse elect between the will and the statutory share, and it provides a support allowance during administration.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- A surviving spouse may elect to take under the will or take the share provided by statute, which affects the distribution.
- A $40,000 support allowance is available for the surviving spouse and minor children before other distributions.
Questions to consider
Questions this risk area helps you evaluate in Ohio
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Ohio lets a surviving spouse elect between the will and the statutory share, and it provides a support allowance during administration.
- A surviving spouse may elect to take under the will or take the share provided by statute, which affects the distribution.
- A $40,000 support allowance is available for the surviving spouse and minor children before other distributions.
Sources
- https://codes.ohio.gov/ohio-revised-code/section-2106.05
- https://codes.ohio.gov/ohio-revised-code/section-2106.13
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Ohio.