As Reported by the House Civil and Commercial Law Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 366 5
1997-1998 6
REPRESENTATIVES MOTTL-BOYD-GARCIA-HOOD-VAN VYVEN-HOTTINGER- 8
CALLENDER-BEATTY-BUCHY-JONES-MASON-KASPUTIS 9
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A B I L L
To amend sections 2106.13 and 2113.03 of the Revised 13
Code to increase to $100,000 the maximum value of 15
a decedent's estate that can be relieved from 16
administration if the decedent's surviving spouse 17
is entitled to inherit all assets of the estate 18
under testate or intestate circumstances and to 19
increase to $40,000 the amount of a surviving 20
spouse's and minor children's statutory 21
allowance for support. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 2106.13 and 2113.03 of the 26
Revised Code be amended to read as follows: 27
Sec. 2106.13. (A) If a person dies leaving a surviving 36
spouse and no minor children, leaving a surviving spouse and 37
minor children, or leaving minor children and no surviving 38
spouse, the surviving spouse, minor children, or both shall be 39
entitled to receive, subject to division (B) of this section, in 40
money or property the sum of twenty-five FORTY thousand dollars 41
as an allowance for support. If the surviving spouse selected 42
two automobiles under section 2106.18 of the Revised Code, the 43
allowance for support prescribed by this section shall be reduced 45
by the appraised value of the automobile having the lower 46
appraised value of the two automobiles so selected. The money or 47
property set off as an allowance FOR SUPPORT shall be considered 48
estate assets.
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(B) The probate court shall order the distribution of the 50
allowance for support described in division (A) of this section 51
as follows: 52
(1) If the person died leaving a surviving spouse and no 54
minor children, one hundred per cent to the surviving spouse; 55
(2) If the person died leaving a surviving spouse and 57
minor children, and if all of the minor children are the children 58
of the surviving spouse, one hundred per cent to the surviving 59
spouse; 60
(3) If the person died leaving a surviving spouse and 62
minor children, and if not all of the minor children are children 63
of the surviving spouse, in equitable shares, as fixed by the 64
probate court in accordance with this division, to the surviving 65
spouse and the minor children who are not the children of the 66
surviving spouse. In determining equitable shares under this 67
division, the probate court shall do all of the following: 68
(a) Consider the respective needs of the surviving spouse, 70
the minor children who are children of the surviving spouse, and 71
the minor children who are not children of the surviving spouse; 72
(b) Allocate to the surviving spouse, the share that is 74
equitable in light of the needs of the surviving spouse and the 75
minor children who are children of the surviving spouse; 76
(c) Allocate to the minor children who are not children of 78
the surviving spouse, the share that is equitable in light of the 79
needs of those minor children. 80
(4) If the person died leaving minor children and no 82
surviving spouse, in equitable shares, as fixed by the probate 83
court in accordance with this division, to the minor children. In 85
determining equitable shares under this division, the probate
court shall consider the respective needs of the minor children 86
and allocate to each minor child the share that is equitable in 87
light of the child's needs. 88
(C) If the surviving spouse selected two automobiles under 90
section 2106.18 of the Revised Code, the probate court, in 91
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considering the respective needs of the surviving spouse and the 92
minor children when allocating an allowance for support under 93
division (B)(3) of this section, shall consider the benefit 94
derived by the surviving spouse from the transfer of the
automobile having the lower appraised value of the two 95
automobiles so selected.
Sec. 2113.03. (A) Subject to division (D) of this 104
section, an estate may be released from administration under 105
division (B) of this section if either of the following applies: 106
(1) The value of the assets of the estate is thirty-five 108
thousand dollars or less. 109
(2) The value of the assets of the estate is eighty-five 111
ONE-HUNDRED thousand dollars or less and either of the following 112
applies: 113
(a) The decedent devised and bequeathed in a valid will 115
all of the assets of his THE DECEDENT'S estate to a person who is 117
named in the will as his THE DECEDENT'S spouse, and the decedent 118
is survived by that person. 119
(b) The decedent is survived by a spouse whose marriage to 121
the decedent was solemnized in a manner consistent with Chapter 122
3101. of the Revised Code or with a similar law of another state 123
or nation, the decedent died without a valid will, and the 124
decedent's surviving spouse is entitled to receive all of the 125
assets of his THE DECEDENT'S estate under section 2105.06 of the 126
Revised Code or by the operation of that section and division 128
(B)(1) or (2) of section 2106.13 of the Revised Code. 129
(B) Upon the application of any interested party, after 131
notice of the filing of the application has been given to the 132
surviving spouse and heirs at law in the manner and for the 133
length of time the probate court directs, and after notice to all 134
interested parties by publication in a newspaper of general 135
circulation in the county, unless the notices are waived or found 136
unnecessary, the court, when satisfied that division (A)(1) or 137
(2) of this section is satisfied, may enter an order relieving 138
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the estate from administration and directing delivery of personal 139
property and transfer of real estate to the persons entitled to 140
the personal property or real estate. 141
For the purposes of this division SECTION, the value of an 143
estate that reasonably can be considered to be in an amount 144
specified in division (A)(1) or (2) of this section and that is 145
not composed entirely of money, stocks, bonds, or other property 146
the value of which is readily ascertainable, shall be determined 147
by an appraiser selected by the applicant, subject to the 148
approval of the court. The appraiser's valuation of the property 149
shall be reported to the court in the application to relieve the 150
estate from administration. The appraiser shall be paid in 151
accordance with section 2115.06 of the Revised Code. 152
For the purposes of this division SECTION, the amount of 154
property to be delivered or transferred to the surviving spouse, 156
minor children, or both, of the decedent as the allowance for 157
support shall be established in accordance with section 2106.13 158
of the Revised Code. 159
When a delivery, sale, or transfer of personal property has 161
been ordered from an estate that has been relieved from 162
administration, the court may appoint a commissioner to execute 163
all necessary instruments of conveyance. The commissioner shall 164
receipt for the property, distribute the proceeds of the 165
conveyance upon court order, and report to the court after 166
distribution. 167
When the decedent died testate, the will shall be presented 169
for probate, and, if admitted to probate, the court may relieve 170
the estate from administration and order distribution of the 171
estate under the will. 172
An order of the court relieving an estate from 174
administration shall have the same effect as administration 175
proceedings in freeing land in the hands of an innocent purchaser 176
for value from possible claims of unsecured creditors. 177
(C) Any delivery of personal property or transfer of real 179
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estate pursuant to an order relieving an estate from 180
administration is made subject to the limitations pertaining to 181
the claims of creditors set forth in divisions (B) and (C) of 182
section 2117.06 of the Revised Code. 183
(D) The release of an estate from administration under 185
this section does not affect any duty of any person to file an 186
estate tax return and certificate under division (A) of section 187
5731.21 of the Revised Code and does not affect the duties of a 188
probate court set forth in that division. 189
Section 2. That existing sections 2106.13 and 2113.03 of 191
the Revised Code are hereby repealed. 192
Section 3. Sections 2106.13 and 2113.03 of the Revised 194
Code, as amended by this act, apply to the estates of decedents 195
who die on or after the effective date of this act. 196