As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 366 5
1997-1998 6
REPRESENTATIVES MOTTL-BOYD-GARCIA-HOOD-VAN VYVEN-HOTTINGER 8
10
A B I L L
To amend section 2113.03 of the Revised Code to 12
increase to $100,000 the maximum value of a 13
decedent's estate that can be relieved from 14
administration if the surviving spouse is 15
entitled to inherit all assets of the estate 16
under testate or intestate circumstances. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 2113.03 of the Revised Code be 21
amended to read as follows: 22
Sec. 2113.03. (A) Subject to division (D) of this 31
section, an estate may be released from administration under 32
division (B) of this section if either of the following applies: 33
(1) The value of the assets of the estate is thirty-five 35
thousand dollars or less. 36
(2) The value of the assets of the estate is eighty-five 38
ONE-HUNDRED thousand dollars or less and either of the following 39
applies: 40
(a) The decedent devised and bequeathed in a valid will 42
all of the assets of his THE DECEDENT'S estate to a person who is 44
named in the will as his THE DECEDENT'S spouse, and the decedent 45
is survived by that person. 46
(b) The decedent is survived by a spouse whose marriage to 48
the decedent was solemnized in a manner consistent with Chapter 49
3101. of the Revised Code or with a similar law of another state 50
or nation, the decedent died without a valid will, and the 51
decedent's surviving spouse is entitled to receive all of the 52
2
assets of his THE DECEDENT'S estate under section 2105.06 of the 53
Revised Code or by the operation of that section and division 55
(B)(1) or (2) of section 2106.13 of the Revised Code. 56
(B) Upon the application of any interested party, after 58
notice of the filing of the application has been given to the 59
surviving spouse and heirs at law in the manner and for the 60
length of time the probate court directs, and after notice to all 61
interested parties by publication in a newspaper of general 62
circulation in the county, unless the notices are waived or found 63
unnecessary, the court, when satisfied that division (A)(1) or 64
(2) of this section is satisfied, may enter an order relieving 65
the estate from administration and directing delivery of personal 66
property and transfer of real estate to the persons entitled to 67
the personal property or real estate. 68
For the purposes of this division, the value of an estate 70
that reasonably can be considered to be in an amount specified in 71
division (A)(1) or (2) of this section and that is not composed 72
entirely of money, stocks, bonds, or other property the value of 73
which is readily ascertainable, shall be determined by an 74
appraiser selected by the applicant, subject to the approval of 75
the court. The appraiser's valuation of the property shall be 76
reported to the court in the application to relieve the estate 77
from administration. The appraiser shall be paid in accordance 78
with section 2115.06 of the Revised Code. 79
For the purposes of this division, the amount of property 81
to be delivered or transferred to the surviving spouse, minor 82
children, or both, of the decedent as the allowance for support 83
shall be established in accordance with section 2106.13 of the 84
Revised Code. 85
When a delivery, sale, or transfer of personal property has 87
been ordered from an estate that has been relieved from 88
administration, the court may appoint a commissioner to execute 89
all necessary instruments of conveyance. The commissioner shall 90
receipt for the property, distribute the proceeds of the 91
3
conveyance upon court order, and report to the court after 92
distribution. 93
When the decedent died testate, the will shall be presented 95
for probate, and, if admitted to probate, the court may relieve 96
the estate from administration and order distribution of the 97
estate under the will. 98
An order of the court relieving an estate from 100
administration shall have the same effect as administration 101
proceedings in freeing land in the hands of an innocent purchaser 102
for value from possible claims of unsecured creditors. 103
(C) Any delivery of personal property or transfer of real 105
estate pursuant to an order relieving an estate from 106
administration is made subject to the limitations pertaining to 107
the claims of creditors set forth in divisions (B) and (C) of 108
section 2117.06 of the Revised Code. 109
(D) The release of an estate from administration under 111
this section does not affect any duty of any person to file an 112
estate tax return and certificate under division (A) of section 113
5731.21 of the Revised Code and does not affect the duties of a 114
probate court set forth in that division. 115
Section 2. That existing section 2113.03 of the Revised 117
Code is hereby repealed. 118
Section 3. Section 2113.03 of the Revised Code, as amended 120
by this act, applies to the estates of decedents who die on or 121
after the effective date of this act. 122