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Probate 8.3

Summary of General Rights of Surviving Spouse

Ohio · Supreme Court of Ohio

This form summarizes the general rights a surviving spouse has under Ohio law regarding a deceased person's estate. It lists various rights, such as electing how to take assets or remaining in the home, and notes that many of these rights have strict time limits for being used.

Open the official PDFfrom Supreme Court of Ohio

Where this fits in a case

General & info

Information / general use — not tied to one step of a case

This form is used by a surviving spouse to review their general rights after the death of someone whose estate is being handled by the probate court.

Either party may file.

Common questions

Are there deadlines for using these rights?
Yes, the form mentions that many rights have specific time limits. For example, electing to take against the Will must be done within five months from the date of the initial appointment of the administrator or executor.
Does filing this form mean I am giving up any rights?
The form is a summary of rights, and it notes that the court cannot give advice on these rights. It also mentions that the surviving spouse may waive rights if they are not exercised within the set time periods.

Revision history

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

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