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Election of Surviving Spouse to Take Against Will

Election of Surviving Spouse to Take Against Will

 

INSTRUCTIONS: OHIO ELECTION OF SURVIVING SPOUSE TO TAKE AGAINST WILL (Form 8.2)

 

 

Form 8.2 can be filed by the surviving spouse of an Ohio decedent during probation of their estate to elect to take against the will. This will entitle the spouse to one half of the decedent's net estate unless there are two or more of the decedent's children or their lineal descendants surviving, in which case filing this form will entitle you to one third of the net estate. This document can be obtained from the website maintained by the Ohio Supreme Court.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 1: Enter the name of the county on the first blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 2: Enter the name of the decedent on the second blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 3: Enter the assigned case number on the third blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 4: Enter the date on the fourth blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 5: Enter the signature of the surviving spouse on the fifth blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 6: The probate judge or magistrate overseeing the case will enter their signature on the sixth blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 7: The attorney for the surviving spouse will enter their signature on the seventh blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 8: The attorney for the surviving spouse will print or type their name on the eighth blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 9: The attorney for the surviving spouse will enter their address on the next two blank lines.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 10: The attorney for the surviving spouse will enter their phone number, including the area code, on the next blank line.

 

Ohio Election Of Surviving Spouse To Take Against Will 8.2 Step 11: Enter the attorney's registration number on the last blank line.

 

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