As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. H. B. No. 366 5
1997-1998 6
REPRESENTATIVES MOTTL-BOYD-GARCIA-HOOD-VAN VYVEN-HOTTINGER- 8
CALLENDER-BEATTY-BUCHY-JONES-MASON-KASPUTIS-HOUSEHOLDER- 9
WOMER BENJAMIN-SAWYER-BENDER-OPFER-CORBIN-PADGETT-CAREY- 10
LEWIS-WISE-THOMPSON-LOGAN-SUTTON-REID-VERICH-VESPER- 11
GRENDELL-ROMAN-BRADY-OLMAN-HAINES-WINKLER-O'BRIEN-BRADING- 12
FORD-PATTON-HARRIS-SULZER-WESTON-KRUPINSKI-WILSON-METELSKY- 13
TAVARES-MALLORY-SALERNO-FOX-MYERS-BRITTON-CATES 14
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A B I L L
To amend sections 2106.13 and 2113.03 of the Revised 18
Code to increase to $100,000 the maximum value of 20
a decedent's estate that can be relieved from 21
administration if the decedent's surviving spouse 22
is entitled to inherit all assets of the estate 23
under testate or intestate circumstances and to 24
increase to $40,000 the amount of a surviving 25
spouse's and minor children's statutory 26
allowance for support. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2106.13 and 2113.03 of the 31
Revised Code be amended to read as follows: 32
Sec. 2106.13. (A) If a person dies leaving a surviving 41
spouse and no minor children, leaving a surviving spouse and 42
minor children, or leaving minor children and no surviving 43
spouse, the surviving spouse, minor children, or both shall be 44
entitled to receive, subject to division (B) of this section, in 45
money or property the sum of twenty-five FORTY thousand dollars 46
as an allowance for support. If the surviving spouse selected 47
two automobiles under section 2106.18 of the Revised Code, the 48
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allowance for support prescribed by this section shall be reduced 50
by the appraised value of the automobile having the lower 51
appraised value of the two automobiles so selected. The money or 52
property set off as an allowance FOR SUPPORT shall be considered 53
estate assets.
(B) The probate court shall order the distribution of the 55
allowance for support described in division (A) of this section 56
as follows: 57
(1) If the person died leaving a surviving spouse and no 59
minor children, one hundred per cent to the surviving spouse; 60
(2) If the person died leaving a surviving spouse and 62
minor children, and if all of the minor children are the children 63
of the surviving spouse, one hundred per cent to the surviving 64
spouse; 65
(3) If the person died leaving a surviving spouse and 67
minor children, and if not all of the minor children are children 68
of the surviving spouse, in equitable shares, as fixed by the 69
probate court in accordance with this division, to the surviving 70
spouse and the minor children who are not the children of the 71
surviving spouse. In determining equitable shares under this 72
division, the probate court shall do all of the following: 73
(a) Consider the respective needs of the surviving spouse, 75
the minor children who are children of the surviving spouse, and 76
the minor children who are not children of the surviving spouse; 77
(b) Allocate to the surviving spouse, the share that is 79
equitable in light of the needs of the surviving spouse and the 80
minor children who are children of the surviving spouse; 81
(c) Allocate to the minor children who are not children of 83
the surviving spouse, the share that is equitable in light of the 84
needs of those minor children. 85
(4) If the person died leaving minor children and no 87
surviving spouse, in equitable shares, as fixed by the probate 88
court in accordance with this division, to the minor children. In 90
determining equitable shares under this division, the probate
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court shall consider the respective needs of the minor children 91
and allocate to each minor child the share that is equitable in 92
light of the child's needs. 93
(C) If the surviving spouse selected two automobiles under 95
section 2106.18 of the Revised Code, the probate court, in 96
considering the respective needs of the surviving spouse and the 97
minor children when allocating an allowance for support under 98
division (B)(3) of this section, shall consider the benefit 99
derived by the surviving spouse from the transfer of the
automobile having the lower appraised value of the two 100
automobiles so selected.
Sec. 2113.03. (A) Subject to division (D) of this 109
section, an estate may be released from administration under 110
division (B) of this section if either of the following applies: 111
(1) The value of the assets of the estate is thirty-five 113
thousand dollars or less. 114
(2) The value of the assets of the estate is eighty-five 116
ONE HUNDRED thousand dollars or less and either of the following 117
applies: 118
(a) The decedent devised and bequeathed in a valid will 120
all of the assets of his THE DECEDENT'S estate to a person who is 122
named in the will as his THE DECEDENT'S spouse, and the decedent 123
is survived by that person. 124
(b) The decedent is survived by a spouse whose marriage to 126
the decedent was solemnized in a manner consistent with Chapter 127
3101. of the Revised Code or with a similar law of another state 128
or nation, the decedent died without a valid will, and the 129
decedent's surviving spouse is entitled to receive all of the 130
assets of his THE DECEDENT'S estate under section 2105.06 of the 131
Revised Code or by the operation of that section and division 133
(B)(1) or (2) of section 2106.13 of the Revised Code. 134
(B) Upon the application of any interested party, after 136
notice of the filing of the application has been given to the 137
surviving spouse and heirs at law in the manner and for the 138
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length of time the probate court directs, and after notice to all 139
interested parties by publication in a newspaper of general 140
circulation in the county, unless the notices are waived or found 141
unnecessary, the court, when satisfied that division (A)(1) or 142
(2) of this section is satisfied, may enter an order relieving 143
the estate from administration and directing delivery of personal 144
property and transfer of real estate to the persons entitled to 145
the personal property or real estate. 146
For the purposes of this division SECTION, the value of an 148
estate that reasonably can be considered to be in an amount 149
specified in division (A)(1) or (2) of this section and that is 150
not composed entirely of money, stocks, bonds, or other property 151
the value of which is readily ascertainable, shall be determined 152
by an appraiser selected by the applicant, subject to the 153
approval of the court. The appraiser's valuation of the property 154
shall be reported to the court in the application to relieve the 155
estate from administration. The appraiser shall be paid in 156
accordance with section 2115.06 of the Revised Code. 157
For the purposes of this division SECTION, the amount of 159
property to be delivered or transferred to the surviving spouse, 161
minor children, or both, of the decedent as the allowance for 162
support shall be established in accordance with section 2106.13 163
of the Revised Code. 164
When a delivery, sale, or transfer of personal property has 166
been ordered from an estate that has been relieved from 167
administration, the court may appoint a commissioner to execute 168
all necessary instruments of conveyance. The commissioner shall 169
receipt for the property, distribute the proceeds of the 170
conveyance upon court order, and report to the court after 171
distribution. 172
When the decedent died testate, the will shall be presented 174
for probate, and, if admitted to probate, the court may relieve 175
the estate from administration and order distribution of the 176
estate under the will. 177
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An order of the court relieving an estate from 179
administration shall have the same effect as administration 180
proceedings in freeing land in the hands of an innocent purchaser 181
for value from possible claims of unsecured creditors. 182
(C) Any delivery of personal property or transfer of real 184
estate pursuant to an order relieving an estate from 185
administration is made subject to the limitations pertaining to 186
the claims of creditors set forth in divisions (B) and (C) of 187
section 2117.06 of the Revised Code. 188
(D) The release of an estate from administration under 190
this section does not affect any duty of any person to file an 191
estate tax return and certificate under division (A) of section 192
5731.21 of the Revised Code and does not affect the duties of a 193
probate court set forth in that division. 194
Section 2. That existing sections 2106.13 and 2113.03 of 196
the Revised Code are hereby repealed. 197
Section 3. Sections 2106.13 and 2113.03 of the Revised 199
Code, as amended by this act, apply to the estates of decedents 200
who die on or after the effective date of this act. 201