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2105.03. Determination of next of kin.
In the determination of intestate succession, next of kin shall be
determined by degrees of relationship computed by the rules of civil law.
2105.06. Statute of descent and distribution.
When a person dies intestate having title or right to any personal property,
or to any real estate or inheritance, in this state, the personal property
shall be distributed, and the real estate or inheritance shall descend and
pass in parcenary, except as otherwise provided by law, in the following
course:
(A) If there is no surviving spouse, to the children of the intestate or
their lineal descendants, per stirpes;
(B) If there is a spouse and one or more children of the decedent or their
lineal descendants surviving, and all of the decedent's children who survive
or have lineal descendants surviving also are children of the surviving
spouse, then the whole to the surviving spouse;
(C) If there is a spouse and one child of the decedent or the child's lineal
descendants surviving and the surviving spouse is not the natural or
adoptive parent of the decedent's child, the first twenty thousand dollars
plus one-half of the balance of the intestate estate to the spouse and the
remainder to the child or the child's lineal descendants, per stirpes;
(D) If there is a spouse and more than one child or their lineal descendants
surviving, the first sixty thousand dollars if the spouse is the natural or
adoptive parent of one, but not all, of the children, or the first twenty
thousand dollars if the spouse is the natural or adoptive parent of none of
the children, plus one-third of the balance of the intestate estate to the
spouse and the remainder to the children equally, or to the lineal
descendants of any deceased child, per stirpes;
(E) If there are no children or their lineal descendants, then the whole to
the surviving spouse;
(F) If there is no spouse and no children or their lineal descendants, to
the parents of the intestate equally, or to the surviving parent;
(G) If there is no spouse, no children or their lineal descendants, and
no parent surviving, to the brothers and sisters, whether of the whole or of
the half blood of the intestate, or their lineal descendants, per stirpes;
(H) If there are no brothers or sisters or their lineal descendants,
one-half to the paternal grandparents of the intestate equally, or to the
survivor of them, and one-half to the maternal grandparents of the intestate
equally, or to the survivor of them;
(I) If there is no paternal grandparent or no maternal grandparent, one-half
to the lineal descendants of the deceased grandparents, per stirpes; if
there are no such lineal descendants, then to the surviving grandparents or
their lineal descendants, per stirpes; if there are no surviving
grandparents or their lineal descendants, then to the next of kin of the
intestate, provided there shall be no representation among such next of kin;
(J) If there are no next of kin, to stepchildren or their lineal
descendants, per stirpes;
(K) If there are no stepchildren or their lineal descendants, escheat to the
state.
2105.07. Escheat of personal estate.
When, under Chapter 2105. of the Revised Code, personal property escheats to
the state, the prosecuting attorney of the county in which letters of
administration are granted upon such estate shall collect and pay it over to
the county treasurer. Such estate shall be applied exclusively to the
support of the common schools of the county in which collected.
2105.09. Disposition of escheated lands.
(A) The county auditor, unless he acts pursuant to division (C) of this
section, shall take possession of real property escheated to the state that
is located in his county and outside the incorporated area of a city. The
auditor shall take possession in the name of the state and sell the property
at public auction, at the county seat of the county, to the highest bidder,
after having given thirty days' notice of the intended sale in a newspaper
published within the county.
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On the application of the auditor, the court of common pleas shall appoint
three disinterested freeholders of the county to appraise the real property.
The freeholders shall be governed by the same rule as appraisers in
sheriffs' or administrators' sales. The auditor shall sell the property at
not less than two thirds of its appraised value and may sell it for cash, or
for one-third cash and the balance in equal annual payments, the deferred
payments to be amply secured. Upon payment of the whole consideration, the
auditor shall execute a deed to the purchaser, in the name and on behalf of
the state. The proceeds of the sale shall be paid by the auditor to the
county treasurer.
If there is a regularly organized agricultural
society within the county, the treasurer shall pay the greater of six
hundred dollars or five per cent of the proceeds, in any case, to the
society. The excess of the proceeds, or the whole thereof if there is no
regularly organized agricultural society within the county, shall be
distributed as follows:
(1) Twenty-five per cent shall be paid equally to the townships of the
county;
(2) Seventy per cent shall be paid into the state treasury to the credit of
the Agro Ohio fund created under section 901.04 of the Revised Code;
(3) Five per cent shall be credited to the county general fund for such
lawful purposes as the board of county commissioners provides.
(B) The legislative authority of a city within
which are lands escheated to the state, unless it acts pursuant to division
(C) of this section, shall take possession of the lands for the city, and
the title to the lands shall vest in the city. The city shall use the
premises primarily for health, welfare, or recreational purposes, or may
lease them at such prices and for such purposes as it considers proper. With
the approval of the tax commissioner, the city may sell the lands or any
undivided interest in the lands, in the same manner as is provided in the
sale of land not needed for any municipal purposes; provided, that the net
proceeds from the rent or sale of the premises shall be devoted to health,
welfare, or recreational purposes.
(C) As an alternative to the procedure prescribed in divisions (A) and (B)
of this section, the county auditor, or if the real property is located
within the incorporated area of a city, the legislative authority of that
city by an affirmative vote of at least a majority of its members, may
request the probate court to direct the administrator or executor of the
estate that contains the escheated property to commence an action in the
probate court for authority to sell the real property in the manner provided
in Chapter 2127. of the Revised Code. The proceeds from the sale of real
property that is located outside the incorporated area of a city shall be
distributed by the court in the same manner as the proceeds are distributed
under division (A) of this section. The proceeds from the sale of real
property that is located within the incorporated area of a city shall be
distributed by the court in the same manner as the proceeds are distributed
under division (B) of this section.
2105.11. Estate to descend equally to children of intestate.
When a person dies intestate leaving children and none of the children of
such intestate have died leaving children or their lineal descendants, such
estate shall descend to the children of such intestate, living at the time
of his death, in equal proportions.
2105.12. Descent when all descendants of equal degree of consanguinity.
When all the descendants of an intestate, in a direct line of descent, are
on an equal degree of consanguinity to the intestate, the estate shall pass
to such persons in equal parts, however remote from the intestate such equal
and common degree of consanguinity may be.
2105.13. Descent when children and heirs of deceased children are living.
If some of the children of an intestate are living and others are dead, the
estate shall descend to the children who are living and to the lineal
descendants of such children as are dead, so that each child who is living
will inherit the share to which he would have been entitled if all the
children of the intestate were living, and the lineal descendants of the
deceased child will inherit equal parts of that portion of the estate to
which such deceased child would be entitled if he were living.
This section shall apply in all cases in which the descendants of the
intestate, not more remote than lineal descendants of grandparents, entitled
to share in the estate, are of unequal degree of consanguinity to the
intestate, so that those who are of the nearest degree of consanguinity will
take the share to which they would have been entitled, had all the
descendants in the same degree of consanguinity with them who died leaving
issue, been living.
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