Elective Share in Ohio
State-specific overview · Estate & Probate
A surviving spouse may claim one-third of the estate if there are children, or one-half if there are no children, or the entire estate under certain conditions.
How Ohio treats Elective Share
Ohio grants the surviving spouse an elective share under its probate code, with the amount depending on surviving children and the estate's composition. If children survive, the spouse takes one-third of the net estate; without children, the spouse takes one-half. The surviving spouse must elect this share within six months of probate, and the election is binding and irrevocable once made.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Ohio.