Disclaimer: This article is for educational purposes only and is not legal advice.
Detailed Answer
Under Ohio law, a surviving spouse may claim an allowance from the decedent’s estate under Ohio Revised Code §2106.13 (O.R.C. 2106.13). This allowance—designed to cover basic living expenses—takes priority over most other estate distributions. To qualify, you must prove you were legally married to the decedent at the time of death.
Typically, you present a certified marriage certificate issued by the county recorder pursuant to Ohio Revised Code §3101.25 (O.R.C. 3101.25). If the certificate is incomplete or missing, the probate court may accept alternative evidence under the Ohio Rules of Evidence (Evid.R. 1002–1004). Acceptable proofs include:
- Affidavits from the officiant, witnesses, or family members who attended the ceremony.
- Church, synagogue, or other religious records documenting the marriage.
- Joint federal or state tax returns, insurance policies, or benefit statements listing you as spouse.
- Driver’s licenses or affidavits filed for Social Security purposes showing marital status.
If you cannot locate the original record, request a certified search from the recorder’s office in the county where you married. If that fails, gather as many pieces of contemporaneous evidence as possible and file a motion with the probate court explaining why the certificate is unavailable. The court has discretion to weigh all evidence and may hold a hearing before ruling.
Without adequate proof of marriage, the court may delay or deny your allowance. In practice, providing multiple corroborating documents and witness statements often satisfies the court’s requirement and secures timely payment of the allowance.
Helpful Hints
- Contact the county recorder where the marriage occurred for a certified copy or official search.
- Compile secondary evidence early—affidavits, tax returns, insurance records—before filing your allowance claim.
- File your surviving spouse allowance application promptly in the probate court handling the estate.
- Include a cover letter explaining why the original certificate is missing and list all evidence submitted.
- Consult a probate attorney if the court questions your proof or if you face a formal hearing.