Skip to content
LitigationForms
Probate 8.2

Election of Surviving Spouse to Take Against Will

Ohio · Supreme Court of Ohio

This form is used by a surviving spouse to tell the court that they choose to take assets from a deceased person's estate that are outside of the person's Will. The form requires the spouse to sign it in front of a judge or magistrate.

Open the official PDFfrom Supreme Court of Ohio

Where this fits in a case

Motions

Stage: Motions

This form is used in a probate case when a surviving spouse wishes to formally state their choice regarding the assets in the estate, specifically electing to take assets outside of what the Will dictates.

Usually filed by the person starting the case.

Common questions

Who fills out this form?
The form is for the decedent’s surviving spouse to complete. It also requires signatures from the surviving spouse and the Probate Judge/Magistrate. Great,
What does this form ask for?
It asks the surviving spouse to formally elect to take assets from the estate that are outside of the deceased person's Will. It also includes a statement that the spouse was informed about the Will and their rights. Great.

Revision history

No changes recorded since we started tracking this form on October 10, 2026.

Related forms

  • Probate 11.0

    Consent to Power to Sell Real Estate

    This form is a document where the surviving spouse and heirs of a deceased person agree to give permission for the estate's representative to sell real estate. The agreement sets rules for the sale, such as requiring the sale price to be at least eighty percent of the appraised value.

    Fillable PDF
  • Probate 13.10

    Notice to Extend Administration

    This form is a notice used by the person managing an estate to tell the court that they need more time to finish the estate's business. It asks to extend the time limit beyond six months and lists the specific reasons for needing more time.

    Fillable PDF
  • Probate 13.4

    Waiver of Partial Account

    This form is used to officially state that the people who are supposed to receive assets from a deceased person agree to waive a request for a partial accounting from the person managing the estate.

    Fillable PDF
  • Probate 14.1

    Waiver and Consent Wrongful Death and Survival Claims

    This form allows someone to give up their right to be notified about a hearing and to agree to and approve how money from wrongful death and survival claims will be settled and given out.

    Fillable PDF
  • Probate 20.1

    Affidavit of Mental Illness

    This form is an Affidavit of Mental Illness used to tell the court that someone might need to be committed because of mental illness. It asks the court to consider several specific reasons why the person might be a risk or need treatment.

    Fillable PDF
  • Probate 20.11

    Motion to Appoint Independent Expert

    This form is a request asking the court to appoint an independent expert to examine a person and report their findings to that person's lawyer.

    Fillable PDF
  • Probate 20.3

    Affidavit of Refusal of Doctor's Evaluation

    This form is an affidavit used to state that a person who is alleged to be mentally ill and subject to a court order refused to have an evaluation done by a psychiatrist, a licensed clinical psychologist, or a licensed physician.

    Fillable PDF
  • Probate 21.13

    Consent to Name Conformity

    This form is used to show that a parent agrees to a change of name. The person signing this form agrees to the new legal name that is being asked for in the court application.

    Fillable PDF