Sec. 5302.01. The forms set forth in sections 5302.05, | 16 |
5302.07,
5302.09,
5302.11, 5302.12, 5302.14, and 5302.17, and | 17 |
5302.22 of the Revised Code may be used and
shall be sufficient | 18 |
for their respective purposes. They shall be known as
"Statutory | 19 |
Forms" and may be referred to as such. They may be altered as | 20 |
circumstances require, and the authorization of suchthose forms | 21 |
shall not prevent
the use of other forms. Wherever the phrases | 22 |
defined in sections 5302.06,
5302.08, 5302.10, and 5302.13 of the | 23 |
Revised Code are to be incorporated in
instruments by reference, | 24 |
the method of incorporation as indicated in the
statutory forms | 25 |
shall be sufficient, but shall not preclude other methods. | 26 |
Sec. 5302.02. The rules and definitions contained in | 27 |
sections 5302.03,
5302.04, 5302.06, 5302.08, 5302.10, 5302.13, | 28 |
5302.17, 5302.18, 5302.19,
5302.20, and 5302.21, and 5302.22 of | 29 |
the Revised
Code apply to all deeds or other
instruments relating | 30 |
to real estate, whether the statutory forms or other
forms
are | 31 |
used, where the instruments are executed on or after October 1, | 32 |
1965, or, in relation to the. The rules and definitions contained | 33 |
in
section 5302.22 of the Revised Code, as it existed prior to the | 34 |
effective date of this amendment, apply to instruments executed on | 35 |
or after August 29, 2000, and prior to the effective date of this | 36 |
amendment. The rules and definitions contained in section 5302.22 | 37 |
of the Revised Code apply to instruments executed on or after the | 38 |
effective date of this amendment. | 39 |
Sec. 5302.22. (A) A deed conveying any interest in real | 40 |
property, and in substance following the form set forth in this | 41 |
division,
when duly executed in accordance with Chapter 5301. of | 42 |
the Revised Code and
recorded
in the office of the county | 43 |
recorder, creates a present interest as sole
owner or as a tenant | 44 |
in common
in the grantee and creates a transfer on death interest | 45 |
in the
beneficiary or
beneficiaries. Upon the death of the | 46 |
grantee,
the deed vests the interest of the
decedent in the | 47 |
beneficiary or beneficiaries. The deed described
in this division | 48 |
shall in substance conform to the following form: | 49 |
.................... (marital status), of
...........
County, | 51 |
.................... (for valuable consideration paid, if
any), | 52 |
grant(s) (with covenants, if any), to .................... whose | 53 |
tax
mailing address is ...................., transfer on death to | 54 |
...................., beneficiary(s), the following real
property: | 55 |
(4) "Tenants by the entireties" mean only those persons who | 76 |
are vested as tenants in an estate by the entireties with | 77 |
survivorship pursuant to any deed recorded between February 9, | 78 |
1972, and April 3, 1985, under section 5302.17 of the Revised Code | 79 |
as it existed during that period of time. Nothing in sections | 80 |
5302.22, 5302.222, 5302.23, and 5302.24 of the Revised Code | 81 |
authorizes the creation of a tenancy by the entireties or | 82 |
recognizes a tenancy by the entireties created outside that period | 83 |
of time. | 84 |
(B) Any personindividual who, under the Revised Code or
the | 90 |
common law
of
this state, owns real property or any interest in | 91 |
real property
as a sole
owner or, as a tenant in common, or as a | 92 |
survivorship tenant, or together with the individual's spouse owns | 93 |
an indivisible interest in real property as tenants by the | 94 |
entireties,
may create andesignate the entire interest, or any | 95 |
specified part that is less than the entire interest,
in
thethat | 96 |
real property as transferable on death to a designated beneficiary | 97 |
or beneficiaries by executing and
recording
a deed, together with | 98 |
the individual's spouse, if any, a transfer on death designation | 99 |
affidavit as provided in this section conveying the
person's | 100 |
entire,
separate interest in the real property to one or
more | 101 |
individuals,
including the grantor, and designating one or
more | 102 |
other persons,
identified in the deed by name, as transfer on | 103 |
death
beneficiaries. | 104 |
A deed conveying an interest in real property that includes a | 105 |
transfer on death beneficiary designation need not be supported by | 106 |
consideration and need not be delivered to the transfer on death | 107 |
beneficiary to be effective.If the affidavit is executed by an | 108 |
individual together with the individual's spouse, if any, the | 109 |
dower rights of the spouse are subordinate to the vesting of title | 110 |
to the interest in the real property in the transfer on death | 111 |
beneficiary or beneficiaries designated under this section. The | 112 |
affidavit shall be recorded in the office of the county recorder | 113 |
in the county in which the real property is located, and, when so | 114 |
recorded, the affidavit or a certified copy of the affidavit shall | 115 |
be evidence of the transfer on death beneficiary or beneficiaries | 116 |
so designated in the affidavit insofar as the affidavit affects | 117 |
title to the real property. | 118 |
(2) If an individual who owns real property or an interest in | 125 |
real property as a survivorship tenant executes a transfer on | 126 |
death designation affidavit, upon the death of that individual or | 127 |
of one but not all of the surviving survivorship tenants, title to | 128 |
the real property or interest in the real property specified in | 129 |
the affidavit vests in the surviving survivorship tenant or | 130 |
tenants. Upon the death of the last surviving survivorship tenant, | 131 |
title to the real property or interest in the real property vests | 132 |
in the transfer on death beneficiary or beneficiaries designated | 133 |
in the affidavit, subject to division (B)(7) of section 5302.23 of | 134 |
the Revised Code. | 135 |
(3) If an individual who together with the individual's | 136 |
spouse owns an indivisible interest in real property as tenants by | 137 |
the entireties executes a transfer on death designation affidavit, | 138 |
upon the death of that individual, title to the real property or | 139 |
interest in the real property vests in the remaining tenant by the | 140 |
entireties. Upon the death of the remaining tenant by the | 141 |
entireties, title to the real property or interest in the real | 142 |
property vests in the transfer on death beneficiary or | 143 |
beneficiaries designated in the affidavit, subject to division | 144 |
(B)(7) of section 5302.23 of the Revised Code. | 145 |
(3) A statement by the individual executing the affidavit | 156 |
that the individual is the person appearing on the record of the | 157 |
real property as the owner of the real property or interest in the | 158 |
real property at the time of the recording of the affidavit and | 159 |
the marital status of that owner. If the owner is married, the | 160 |
affidavit shall include a statement by the owner's spouse stating | 161 |
that the spouse's dower rights are subordinate to the vesting of | 162 |
title to the real property or interest in the real property in the | 163 |
transfer on death beneficiary or beneficiaries designated in the | 164 |
affidavit. | 165 |
(E) The county recorder of the county in which a transfer on | 168 |
death designation affidavit is offered for recording shall receive | 169 |
the affidavit and cause it to be recorded in the same manner as | 170 |
deeds are recorded. The county recorder shall collect a fee for | 171 |
recording the affidavit in the same amount as the fee for | 172 |
recording deeds. The county recorder shall index the affidavit in | 173 |
the name of the owner of record of the real property or interest | 174 |
in the real property who executed the affidavit. | 175 |
(G) Subject to division (C) of this section, upon the death | 183 |
of any individual who owns real property
or an
interest in real | 184 |
property that is subject to a transfer on
death beneficiary | 185 |
designation made under a transfer on death deeddesignation | 186 |
affidavit
as provided in this section,
the
deceased owner'sthat | 187 |
real property or interest in real property of the deceased owner | 188 |
shall
be transferred only to the
transfer on death beneficiary or | 189 |
beneficiaries who are
identified in the deedaffidavit by
name and | 190 |
who survive the deceased owner
or that are in existence on the | 191 |
date
of death of
the deceased
owner. The transfer of the deceased | 192 |
owner's interest
shall be
recorded by presenting to the county | 193 |
auditor and filing
with the
county recorder an affidavit, | 194 |
accompanied by a certified
copy of a
death certificate for the | 195 |
deceased owner. The affidavit shall
recite the name and address of | 196 |
each designated transfer on death
beneficiary
who survived the | 197 |
deceased owner or that is in
existence on the date of the
deceased | 198 |
owner's death, the date
of
the deceased owner's death, a | 199 |
description of the subject real
property or interest in real | 200 |
property, and the names of each
designated transfer on death | 201 |
beneficiary who has not survived the
deceased
owner or that is not | 202 |
in
existence on the date of the
deceased owner's death. The | 203 |
affidavit shall be accompanied by a
certified copy of a death | 204 |
certificate for each designated transfer
on death beneficiary who | 205 |
has not survived the deceased owner. The
county recorder shall | 206 |
make an index reference to any affidavit so
filed in the record of | 207 |
deeds. | 208 |
Upon the death of any individual holding real property or an | 209 |
interest in real property that is subject to a transfer on death | 210 |
beneficiary designation made under a transfer on death deed as | 211 |
provided in this section, if the title to the real property is | 212 |
registered pursuant to Chapter 5309. of the Revised Code, the | 213 |
procedure for the transfer of the interest of the deceased owner | 214 |
shall be
pursuant to section 5309.081 of the Revised CodeFor | 215 |
purposes of this division, if a natural or legal person designated | 216 |
by name in the affidavit as a transfer on death beneficiary or as | 217 |
a contingent transfer on death beneficiary as provided in division | 218 |
(B)(2) of section 5302.23 of the Revised Code solely in that | 219 |
person's capacity as a trustee of a trust has died, has resigned, | 220 |
or otherwise has been replaced by a successor trustee of the trust | 221 |
on the date of death of the deceased owner, the successor trustee | 222 |
of the trust shall be considered the transfer on death beneficiary | 223 |
or contingent transfer on death beneficiary in existence on the | 224 |
date of death of the deceased owner in full compliance with this | 225 |
division, notwithstanding that the successor trustee is not named | 226 |
as a transfer on death beneficiary or contingent transfer on death | 227 |
beneficiary in the affidavit. | 228 |
(B) The administrator of the medicaid estate recovery program | 237 |
shall prescribe a form on which a beneficiary of a transfer on | 238 |
death deeddesignation affidavit as provided in section 5302.22 of | 239 |
the Revised Code, who
survives the deceased owner of the real | 240 |
property or an interest in
the real property or that is in | 241 |
existence on the date of death of
the deceased owner, or such a | 242 |
that beneficiary's representative is to
indicate both of the | 243 |
following: | 244 |
Sec. 5302.222. (A) The transfer of a deceased owner's real | 261 |
property or interest in real property as designated in a transfer | 262 |
on death designation affidavit provided in section 5302.22 of the | 263 |
Revised Code shall be recorded by presenting to the county auditor | 264 |
of the county in which the real property is located and filing | 265 |
with the county recorder of that county an affidavit of | 266 |
confirmation executed by any transfer on death beneficiary to whom | 267 |
the transfer is made. The affidavit of confirmation shall be | 268 |
verified before a person authorized to administer oaths and shall | 269 |
be accompanied by a certified copy of the death certificate for | 270 |
the deceased owner. The affidavit of confirmation shall contain | 271 |
all of the following information: | 272 |
(1) The name and address of each transfer on death | 273 |
beneficiary who survived the deceased owner or that is in | 274 |
existence on the date of death of the deceased owner. If a named | 275 |
beneficiary was designated as a transfer on death beneficiary | 276 |
solely in that person's capacity as a trustee of a trust and that | 277 |
trustee subsequently has been replaced by a successor trustee, the | 278 |
affidavit of confirmation shall include the name and address of | 279 |
the successor trustee and shall be accompanied by a copy of the | 280 |
recorded successor trustee affidavit described in section 5302.171 | 281 |
of the Revised Code. | 282 |
(D) Upon the death of any individual holding real property or | 295 |
an interest in real property that is the subject of a transfer on | 296 |
death designation affidavit as provided in section 5302.22 of the | 297 |
Revised Code, if the title to the real property is registered | 298 |
pursuant to Chapter 5309. of the Revised Code, the procedure for | 299 |
the transfer of the interest of the deceased owner to the transfer | 300 |
on death beneficiary or beneficiaries designated in the affidavit | 301 |
shall be pursuant to section 5309.081 of the Revised Code. | 302 |
(1) An interest of a deceased owner shall be transferred to | 314 |
the transfer on death beneficiaries who are identified in the deed | 315 |
affidavit by name
and who survive the deceased owner or that are | 316 |
in existence on the date of the
deceased owner's
death. If there | 317 |
is a designation of more than one transfer on
death beneficiary, | 318 |
the beneficiaries shall take title into the
interest in equal | 319 |
shares as tenants in common, unless the deceased owner has | 320 |
specifically designated other than equal shares or has designated | 321 |
that the beneficiaries take title as survivorship tenants, subject | 322 |
to division (B)(3) of this section.
If a transfer on death | 323 |
beneficiary does not survive the deceased owner or is
not in | 324 |
existence on the date of the deceased owner's death, and the | 325 |
deceased
owner has designated one or more persons as contingent | 326 |
transfer on death
beneficiaries as provided in division (B)(2) of | 327 |
this section, the
designated contingent transfer on death | 328 |
beneficiaries shall take the same
interest that would have passed | 329 |
to the transfer on death beneficiary had that
transfer on death | 330 |
beneficiary survived the deceased owner or been in existence
on | 331 |
the date of the deceased owner's death.
If none of the designated | 332 |
transfer on death beneficiaries survives the
deceased owner or is | 333 |
in
existence on the date of the deceased owner's death and no | 334 |
contingent transfer
on death beneficiaries have been designated | 335 |
or, have survived the deceased
owner, or are in existence on the | 336 |
date of death of the deceased owner, the interest of the deceased | 337 |
owner shall be
distributed as part of the probate estate of the | 338 |
deceased owner of
the interest. If there are two or more transfer | 339 |
on death beneficiaries and the deceased owner has designated that | 340 |
title to the interest in the real property be taken by those | 341 |
beneficiaries as survivorship tenants, no designated contingent | 342 |
transfer on death beneficiaries shall take title to the interest | 343 |
unless none of the transfer on death beneficiaries survives the | 344 |
deceased owner on the date of death of the deceased owner. | 345 |
(2) A transfer on death deeddesignation affidavit may | 346 |
contain a designation of one or
more persons as contingent | 347 |
transfer on death beneficiaries, who shall
take the interest of | 348 |
the deceased owner that would otherwise have passed to
the | 349 |
designated transfer on death beneficiary if that named designated | 350 |
transfer
on death beneficiary does not survive the deceased owner | 351 |
or is not in
existence on the date of
death of the deceased owner. | 352 |
Persons designated as contingent
transfer on death beneficiaries | 353 |
shall be identified in the deedaffidavit by
name. | 354 |
(3) Any transfer on death beneficiary or contingent transfer | 355 |
on death beneficiary may be a natural or legal person, including, | 356 |
but not limited to, a bank as trustee of a trust, except that if | 357 |
two or more transfer on death beneficiaries are designated as | 358 |
survivorship tenants, all of those beneficiaries shall be natural | 359 |
persons and if two or more contingent transfer on death | 360 |
beneficiaries are designated as survivorship tenants, all of those | 361 |
contingent beneficiaries shall be natural persons. A natural | 362 |
person who is designated a transfer on death beneficiary or | 363 |
contingent transfer on death beneficiary solely in that natural | 364 |
person's capacity as a trustee of a trust is not considered a | 365 |
natural person for purposes of designating the transfer on death | 366 |
beneficiaries or contingent transfer on death beneficiaries as | 367 |
survivorship tenants under division (B)(3) of this section. | 368 |
(4)(5) The designation in a deedtransfer on death | 373 |
designation affidavit of any transfer on death
beneficiary may be | 374 |
revoked or changed at any time, without the consent
of that | 375 |
designated transfer on death beneficiary, by the owner
of the | 376 |
interest, by the surviving survivorship tenants of the interest, | 377 |
or by the remaining tenant by the entireties of the interest, by | 378 |
executing in
accordance with Chapter 5301. of the Revised Code and | 379 |
recording, prior to the death of the owner of the interest, of the | 380 |
surviving survivorship tenants of the interest, or of the | 381 |
remaining tenant by the entireties of the interest, as the case | 382 |
may be, a
deed conveying the grantor's entire, separate interest | 383 |
in the real property to
one or more persons, including the | 384 |
grantor, with or without the designation of
another transfer on | 385 |
death beneficiarynew transfer on death designation affidavit | 386 |
pursuant to section 5302.22 of the Revised Code stating the | 387 |
revocation or change in that designation. The new transfer on | 388 |
death designation affidavit shall automatically supersede and | 389 |
revoke all prior recorded transfer on death designation affidavits | 390 |
with respect to the real property or the interest in real property | 391 |
identified in the new affidavit, provided that the prior recorded | 392 |
affidavit was executed before the later recorded affidavit. | 393 |
(7)(b) If the owners hold title to the interest in a | 401 |
survivorship tenancy, the death of all except the last | 402 |
survivorship tenant automatically terminates and nullifies any | 403 |
transfer on death beneficiary designations made solely by the | 404 |
deceased survivorship tenant or tenants without joinder by the | 405 |
last surviving survivorship tenant. The termination or | 406 |
nullification of any transfer on death beneficiary designations | 407 |
under division (B)(7)(b) of this section is effective as of the | 408 |
date of death of a deceased survivorship tenant. No affirmative | 409 |
act of revocation is required of the last surviving survivorship | 410 |
tenant for the termination or nullification of the transfer on | 411 |
death beneficiary designations to occur as described in division | 412 |
(B)(7)(b) of this section. If the last surviving survivorship | 413 |
tenant dies with no transfer on death beneficiary designation, the | 414 |
entire interest of that last surviving survivorship tenant shall | 415 |
be distributed as part of the tenant's probate estate. | 416 |
(c) If the owners hold title to the interest in a tenancy by | 417 |
the entireties, the death of the first tenant by the entireties | 418 |
automatically terminates and nullifies any transfer on death | 419 |
beneficiary designations made solely by that deceased first tenant | 420 |
without joinder by the remaining tenant by the entireties. The | 421 |
termination or nullification of any transfer on death beneficiary | 422 |
designations under division (B)(7)(c) of this section is effective | 423 |
as of the date of death of the first tenant by the entireties. No | 424 |
affirmative act of revocation is required of the remaining tenant | 425 |
by the entireties for the termination or nullification of the | 426 |
transfer on death beneficiary designations to occur as described | 427 |
in division (B)(7)(c) of this section. If the remaining tenant by | 428 |
the entireties dies with no transfer on death beneficiary | 429 |
designation, the entire interest of that remaining tenant shall be | 430 |
distributed as part of the tenant's probate estate. | 431 |
(8) No rights of any lienholder, including, but not limited | 432 |
to, any
mortgagee, judgment creditor, or mechanic's lien holder, | 433 |
shall be
affected by the designation of a transfer on death | 434 |
beneficiary pursuant
to this section and section 5302.22 of the | 435 |
Revised Code. If any
lienholder takes action to enforce the lien, | 436 |
by foreclosure or
otherwise through a court proceeding, it is not | 437 |
necessary to join
theany transfer on death beneficiary as a party | 438 |
defendant in the
action unless the transfer on death beneficiary | 439 |
has another
interest in the real property that is currently | 440 |
vested. | 441 |
Sec. 5302.24. Sections 5302.22, 5302.222, and 5302.23 of the | 458 |
Revised Code do not affect any deed that was executed and recorded | 459 |
prior to the effective date of this section, or any transfer on | 460 |
death beneficiary designation made, pursuant to section 5302.22 of | 461 |
the Revised Code as it existed prior to the effective date of this | 462 |
section. If that deed or designation is valid on the day prior to | 463 |
the effective date of this section, the deed or designation | 464 |
continues to be valid on and after the effective date of this | 465 |
section. A grantee of that deed need not execute a transfer on | 466 |
death designation affidavit that designates the same transfer on | 467 |
death beneficiary or beneficiaries as in the deed unless the | 468 |
grantee chooses to do so. | 469 |
(a) With respect to testamentary instruments and intestate | 476 |
succession, an heir, next of kin, devisee, legatee, donee, person | 477 |
succeeding to a disclaimed interest, surviving joint tenant, | 478 |
surviving tenant by the entireties, surviving tenant of a tenancy | 479 |
with a right of survivorship, beneficiary under a testamentary | 480 |
instrument, or person designated to take pursuant to a power of | 481 |
appointment exercised by a testamentary instrument; | 482 |
(b) With respect to nontestamentary instruments, a
grantee, | 483 |
donee, person succeeding to a disclaimed interest,
surviving joint | 484 |
tenant, surviving tenant by the entireties,
surviving tenant of a | 485 |
tenancy with a right of survivorship,
beneficiary under a | 486 |
nontestamentary instrument, or person
designated to take pursuant | 487 |
to a power of appointment exercised
by a nontestamentary | 488 |
instrument; | 489 |
(c) With respect to fiduciary rights, privileges, powers,
and | 490 |
immunities, a fiduciary under a testamentary or
nontestamentary | 491 |
instrument. Division (A)(1)(c) of this section does not
authorize | 492 |
a
fiduciary who disclaims fiduciary rights, privileges,
powers, | 493 |
and immunities to cause the rights of
any beneficiary to be | 494 |
disclaimed unless the
instrument creating the fiduciary | 495 |
relationship authorizes the
fiduciary to make such a
disclaimer. | 496 |
(2) "Personal representative" includes any fiduciary as | 499 |
defined in section 2109.01 of the Revised Code and any executor, | 500 |
trustee, guardian, or other person or entity having a fiduciary | 501 |
relationship with regard to any interest in property passing to | 502 |
the fiduciary, executor, trustee, guardian, or other person or | 503 |
entity by reason of a disclaimant's death. | 504 |
(B)(1) A disclaimant, other than a fiduciary under an | 507 |
instrument who is not authorized by the instrument to disclaim
the | 508 |
interest of a beneficiary, may disclaim, in whole or in part,
the | 509 |
succession to any property by executing and by delivering,
filing, | 510 |
or recording a written disclaimer instrument in the
manner | 511 |
provided in this section. | 512 |
(4) The guardian of the estate of a minor or an
incompetent, | 526 |
or the personal representative of a deceased person, whether or | 527 |
not authorized by the instrument to disclaim,
with the
consent of | 528 |
the probate division of the court of common
pleas may
disclaim, | 529 |
in whole or in part, the succession to any
property, or
interest | 530 |
in property, that the ward, if an adult and
competent, or
the | 531 |
deceased, if living, might have disclaimed.
The guardian or | 532 |
personal representative, or any interested person
may file an | 533 |
application with the probate division of the court of
common pleas | 534 |
that has jurisdiction of the estate, asking that the
court order | 535 |
the guardian or personal representative to execute
and deliver, | 536 |
file, or record the disclaimer on behalf of the ward, estate,
or | 537 |
deceased person.
The court shall order the guardian or personal | 538 |
representative to
execute and deliver, file, or record the | 539 |
disclaimer if the court
finds, upon hearing after notice to | 540 |
interested parties and such
other persons as the court shall | 541 |
direct, that: | 542 |
(b) It would not materially, adversely affect the minor or | 546 |
incompetent, or the beneficiaries of the estate of the decedent, | 547 |
taking into consideration other available resources and the age, | 548 |
probable life expectancy, physical and mental condition, and | 549 |
present and reasonably anticipated future needs of the minor or | 550 |
incompetent or the beneficiaries of the estate of the decedent. | 551 |
(3) The date on which the disclaimant attains
eighteen
years | 571 |
of age or is no longer an incompetent, without
tendering or | 572 |
repaying any benefit received while the disclaimant
was under
| 573 |
eighteen years of age or an incompetent, and
even if a guardian | 574 |
of a minor or incompetent had filed an
application pursuant to | 575 |
division (B)(4) of this section and the
probate division of the | 576 |
court of common pleas involved did not
consent to the guardian | 577 |
executing a disclaimer. | 578 |
(F)(1) Subject to division (F)(2) of this section,
if the | 586 |
interest disclaimed is created by a
nontestamentary instrument, | 587 |
including, but not limited to, a transfer on death designation | 588 |
affidavit pursuant to section 5302.22 of the Revised Code,
the | 589 |
disclaimer instrument shall be
delivered personally or by | 590 |
certified mail to the trustee or other
person who has legal title | 591 |
to, or possession of, the property
disclaimed. If the interest | 592 |
disclaimed is created by a transfer on death designation affidavit | 593 |
pursuant to section 5302.22 of the Revised Code, the disclaimer | 594 |
instrument shall be filed with the county recorder of the county | 595 |
in which the real property that is the subject of that affidavit | 596 |
is located. | 597 |
(2) If the interest disclaimed is created by a
testamentary | 598 |
instrument, by intestate succession,
by a
transfer on death
deed | 599 |
pursuant to section 5302.22 of the Revised Code,
or by a | 600 |
certificate of title to a motor vehicle, watercraft, or outboard | 601 |
motor that evidences ownership of the motor vehicle, watercraft, | 602 |
or outboard motor that is transferable on death pursuant to | 603 |
section 2131.13 of the Revised Code, the
disclaimer instrument | 604 |
shall be filed in the probate division of
the court of common | 605 |
pleas in the county in which proceedings for
the administration of | 606 |
the decedent's estate have been commenced,
and an executed copy of | 607 |
the disclaimer instrument shall be
delivered personally or by | 608 |
certified mail to the personal
representative of the decedent's | 609 |
estate. | 610 |
(3) If no proceedings for the administration of the | 611 |
decedent's estate have been commenced, the disclaimer instrument | 612 |
shall be filed in the probate division of the court of common | 613 |
pleas in the county in which proceedings for the administration
of | 614 |
the decedent's estate might be commenced according to law.
The | 615 |
disclaimer instrument shall be filed and indexed, and fees | 616 |
charged, in the same manner as provided by law for an application | 617 |
to be appointed as personal representative to administer the | 618 |
decedent's estate. The disclaimer is effective whether or not | 619 |
proceedings thereafter are commenced to administer the decedent's | 620 |
estate. If proceedings thereafter are commenced for the | 621 |
administration of the decedent's estate, they shall be filed | 622 |
under, or consolidated with, the case number assigned to the | 623 |
disclaimer instrument. | 624 |
(4) If an interest in real estate is disclaimed, an
executed | 625 |
copy of the disclaimer instrument also shall be recorded
in the | 626 |
office of the recorder of the county in which the real
estate is | 627 |
located. The disclaimer instrument shall include a
description of | 628 |
the real estate with sufficient certainty to
identify it, and | 629 |
shall contain a reference to the record of the
instrument that | 630 |
created the interest disclaimed. If title to the
real estate is | 631 |
registered under Chapters 5309. and 5310. of the
Revised Code, the | 632 |
disclaimer interest shall be entered as a
memorial on the last | 633 |
certificate of title. A spouse of a
disclaimant has no dower or | 634 |
other interest in the real estate
disclaimed. | 635 |
(G) If a donative instrument expressly provides
for the | 636 |
distribution of property, part of
property, or interest in | 637 |
property if there is a disclaimer,
the property, part of | 638 |
property, or interest disclaimed shall be
distributed or disposed | 639 |
of, and accelerated or not accelerated, in
accordance with the | 640 |
donative instrument. In the absence of express
provisions to the | 641 |
contrary in the donative instrument, the
property, part
of | 642 |
property, or
interest in property disclaimed,
and any future | 643 |
interest that is
to take effect in possession or
enjoyment at or | 644 |
after the
termination of the interest disclaimed,
shall descend, | 645 |
be
distributed, or otherwise be disposed of, and
shall be | 646 |
accelerated, in the following manner: | 647 |
(I) A disclaimant who has a present and future interest in | 662 |
property, and disclaims the disclaimant's present interest
in | 663 |
whole or in part,
is considered to have disclaimed the | 664 |
disclaimant's future
interest to the same
extent, unless a | 665 |
contrary intention appears in the disclaimer
instrument or the | 666 |
donative instrument. A disclaimant is not
precluded from | 667 |
receiving, as an alternative taker, a beneficial
interest in the | 668 |
property disclaimed, unless a contrary intention
appears in the | 669 |
disclaimer instrument or in the donative
instrument. | 670 |
(N) The right to disclaim and the procedures for
disclaimer | 694 |
established by this section are in addition to, and do
not exclude | 695 |
or abridge, any other rights or procedures that exist or
formerly | 696 |
existed
under any
other section of the Revised Code or at
common | 697 |
law to
assign,
convey, release, refuse to accept, renounce, | 698 |
waive, or
disclaim
property. | 699 |