(A) Upon the death of a married resident who owned at least one automobile at the time of death, the interest of the deceased spouse in one or more automobiles that are not transferred to the surviving spouse due to joint ownership with right of survivorship established under section 2131.12 of the Revised Code, that are not transferred to a transfer-on-death beneficiary or beneficiaries designated under section 2131.13 of the Revised Code, and that are not otherwise specifically disposed of by testamentary disposition may be selected by the surviving spouse. This interest shall immediately pass to the surviving spouse upon transfer of the title or titles in accordance with section 4505.10 of the Revised Code. The sum total of the values of the automobiles selected by a surviving spouse under this division, as specified in the affidavit that the surviving spouse executes pursuant to division (B) of section 4505.10 of the Revised Code, shall not exceed sixty-five thousand dollars. Each automobile that passes to a surviving spouse under this division shall not be considered an estate asset and shall not be included in the estate inventory.
(B) The executor or administrator, with the approval of the probate court, may transfer title to an automobile owned by the decedent to any of the following:
(1) The surviving spouse, when the automobile is purchased by the surviving spouse pursuant to section 2106.16 of the Revised Code;
(2) A distributee;
(3) A purchaser.
(C) The executor or administrator may transfer title to an automobile owned by the decedent without the approval of the probate court to any of the following:
(1) A legatee entitled to the automobile under the terms of the will;
(2) A distributee if the distribution of the automobile is made without court order pursuant to section 2113.55 of the Revised Code;
(3) A purchaser if the sale of the automobile is made pursuant to section 2113.39 of the Revised Code.
(D) As used in division (A) of this section, "automobile" includes a motorcycle and includes a truck if the truck was used as a method of conveyance by the deceased spouse or the deceased spouse's family when the deceased spouse was alive.
Amended by 131st General Assembly File No. TBD, HB 432, §1, eff. 4/6/2017.
Effective Date: 07-23-2002; 03-29-2006 .
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