Ohio § 2108.75 Disqualification of assignee of right of disposition

Ohio Statutes

§ 2108.75 — Disqualification of assignee of right of disposition

Ohio § 2108.75

Title 21Courts-Probate-Juvenile

Ch. 2108Human Bodies Or Parts Thereof

This text of Ohio § 2108.75 (Disqualification of assignee of right of disposition) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2108.75 (2026).

Text

(A)A person shall be disqualified from serving as a representative or successor representative, or from having the right of disposition for a deceased person pursuant to section2108.81of the Revised Code, if any of the following occurs:

(1)The person dies.

(2)A probate court declares or determines that the person is incompetent.

(3)The person resigns or declines to exercise the right as described in section2108.88of the Revised Code.

(4)The person fails to exercise the right within forty-eight hours after notification of the declarant's or deceased person's death or, if there is no notification, within seventy-two hours of either of the following, as applicable:

(a)The declarant's or deceased person's death;

(b)The discovery of the declarant's or deceased person's remains, whe

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(A) A person shall be disqualified from serving as a representative or successor representative, or from having the right of disposition for a deceased person pursuant to section2108.81of the Revised Code, if any of the following occurs:

(1) The person dies.

(2) A probate court declares or determines that the person is incompetent.

(3) The person resigns or declines to exercise the right as described in section2108.88of the Revised Code.

(4) The person fails to exercise the right within forty-eight hours after notification of the declarant's or deceased person's death or, if there is no notification, within seventy-two hours of either of the following, as applicable:

(a) The declarant's or deceased person's death;

(b) The discovery of the declarant's or deceased person's remains, when such discovery occurs more than an hour after the declarant's or deceased person's death.

(5) The person cannot be located with reasonable effort.

(6) The person meets the criteria described in section2108.76or2108.77of the Revised Code.

(7) The person refuses to assume the liability for the costs of disposition.

(B) No owner, employee, or agent of a funeral home, cemetery, or crematory providing funeral, burial, or cremation services for a declarant shall serve as a representative or successor representative for the declarant unless the owner, employee, or agent is related to the declarant by blood, marriage, or adoption.

(C) Subject to divisions (C)(2) and (D) of section2108.70of the Revised Code, if a person is disqualified from serving as the declarant's representative or successor representative, or from having the right of disposition for a deceased person pursuant to section2108.81of the Revised Code, as described in division (A) of this section, the right is automatically reassigned to, and vests in, the next person who has the right pursuant to the declarant's written declaration or pursuant to the order of priority in section2108.81of the Revised Code.

If a right of disposition for a deceased person is assigned to a funeral director under division (B)(9) of section2108.81of the Revised Code, the funeral director is not liable for the cost of disposition.

Last updated July 15, 2022 at 2:03 PM