As Reported by the Senate Judiciary Committee 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
SENATORS CUPP-LATTA 15
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A B I L L
To amend sections 2106.13 and 2113.03 of the Revised 19
Code to increase to $100,000 the maximum value of 21
a decedent's estate that can be relieved from 22
administration if the decedent's surviving spouse 23
is entitled to inherit all assets of the estate 24
under testate or intestate circumstances and to 25
increase to $40,000 the amount of a surviving 26
spouse's and minor children's statutory 27
allowance for support. 28
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 2106.13 and 2113.03 of the 32
Revised Code be amended to read as follows: 33
Sec. 2106.13. (A) If a person dies leaving a surviving 42
spouse and no minor children, leaving a surviving spouse and 43
minor children, or leaving minor children and no surviving 44
spouse, the surviving spouse, minor children, or both shall be 45
entitled to receive, subject to division (B) of this section, in 46
money or property the sum of twenty-five FORTY thousand dollars 47
as an allowance for support. If the surviving spouse selected 48
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two automobiles under section 2106.18 of the Revised Code, the 49
allowance for support prescribed by this section shall be reduced 51
by the appraised value of the automobile having the lower 52
appraised value of the two automobiles so selected. The money or 53
property set off as an allowance FOR SUPPORT shall be considered 54
estate assets.
(B) The probate court shall order the distribution of the 56
allowance for support described in division (A) of this section 57
as follows: 58
(1) If the person died leaving a surviving spouse and no 60
minor children, one hundred per cent to the surviving spouse; 61
(2) If the person died leaving a surviving spouse and 63
minor children, and if all of the minor children are the children 64
of the surviving spouse, one hundred per cent to the surviving 65
spouse; 66
(3) If the person died leaving a surviving spouse and 68
minor children, and if not all of the minor children are children 69
of the surviving spouse, in equitable shares, as fixed by the 70
probate court in accordance with this division, to the surviving 71
spouse and the minor children who are not the children of the 72
surviving spouse. In determining equitable shares under this 73
division, the probate court shall do all of the following: 74
(a) Consider the respective needs of the surviving spouse, 76
the minor children who are children of the surviving spouse, and 77
the minor children who are not children of the surviving spouse; 78
(b) Allocate to the surviving spouse, the share that is 80
equitable in light of the needs of the surviving spouse and the 81
minor children who are children of the surviving spouse; 82
(c) Allocate to the minor children who are not children of 84
the surviving spouse, the share that is equitable in light of the 85
needs of those minor children. 86
(4) If the person died leaving minor children and no 88
surviving spouse, in equitable shares, as fixed by the probate 89
court in accordance with this division, to the minor children. In 91
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determining equitable shares under this division, the probate
court shall consider the respective needs of the minor children 92
and allocate to each minor child the share that is equitable in 93
light of the child's needs. 94
(C) If the surviving spouse selected two automobiles under 96
section 2106.18 of the Revised Code, the probate court, in 97
considering the respective needs of the surviving spouse and the 98
minor children when allocating an allowance for support under 99
division (B)(3) of this section, shall consider the benefit 100
derived by the surviving spouse from the transfer of the
automobile having the lower appraised value of the two 101
automobiles so selected.
Sec. 2113.03. (A) Subject to division (D) of this 110
section, an estate may be released from administration under 111
division (B) of this section if either of the following applies: 112
(1) The value of the assets of the estate is thirty-five 114
thousand dollars or less. 115
(2) The value of the assets of the estate is eighty-five 117
ONE HUNDRED thousand dollars or less and either of the following 118
applies: 119
(a) The decedent devised and bequeathed in a valid will 121
all of the assets of his THE DECEDENT'S estate to a person who is 123
named in the will as his THE DECEDENT'S spouse, and the decedent 124
is survived by that person. 125
(b) The decedent is survived by a spouse whose marriage to 127
the decedent was solemnized in a manner consistent with Chapter 128
3101. of the Revised Code or with a similar law of another state 129
or nation, the decedent died without a valid will, and the 130
decedent's surviving spouse is entitled to receive all of the 131
assets of his THE DECEDENT'S estate under section 2105.06 of the 132
Revised Code or by the operation of that section and division 134
(B)(1) or (2) of section 2106.13 of the Revised Code. 135
(B) Upon the application of any interested party, after 137
notice of the filing of the application has been given to the 138
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surviving spouse and heirs at law in the manner and for the 139
length of time the probate court directs, and after notice to all 140
interested parties by publication in a newspaper of general 141
circulation in the county, unless the notices are waived or found 142
unnecessary, the court, when satisfied that division (A)(1) or 143
(2) of this section is satisfied, may enter an order relieving 144
the estate from administration and directing delivery of personal 145
property and transfer of real estate to the persons entitled to 146
the personal property or real estate. 147
For the purposes of this division SECTION, the value of an 149
estate that reasonably can be considered to be in an amount 150
specified in division (A)(1) or (2) of this section and that is 151
not composed entirely of money, stocks, bonds, or other property 152
the value of which is readily ascertainable, shall be determined 153
by an appraiser selected by the applicant, subject to the 154
approval of the court. The appraiser's valuation of the property 155
shall be reported to the court in the application to relieve the 156
estate from administration. The appraiser shall be paid in 157
accordance with section 2115.06 of the Revised Code. 158
For the purposes of this division SECTION, the amount of 160
property to be delivered or transferred to the surviving spouse, 162
minor children, or both, of the decedent as the allowance for 163
support shall be established in accordance with section 2106.13 164
of the Revised Code. 165
When a delivery, sale, or transfer of personal property has 167
been ordered from an estate that has been relieved from 168
administration, the court may appoint a commissioner to execute 169
all necessary instruments of conveyance. The commissioner shall 170
receipt for the property, distribute the proceeds of the 171
conveyance upon court order, and report to the court after 172
distribution. 173
When the decedent died testate, the will shall be presented 175
for probate, and, if admitted to probate, the court may relieve 176
the estate from administration and order distribution of the 177
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estate under the will. 178
An order of the court relieving an estate from 180
administration shall have the same effect as administration 181
proceedings in freeing land in the hands of an innocent purchaser 182
for value from possible claims of unsecured creditors. 183
(C) Any delivery of personal property or transfer of real 185
estate pursuant to an order relieving an estate from 186
administration is made subject to the limitations pertaining to 187
the claims of creditors set forth in divisions (B) and (C) of 188
section 2117.06 of the Revised Code. 189
(D) The release of an estate from administration under 191
this section does not affect any duty of any person to file an 192
estate tax return and certificate under division (A) of section 193
5731.21 of the Revised Code and does not affect the duties of a 194
probate court set forth in that division. 195
Section 2. That existing sections 2106.13 and 2113.03 of 197
the Revised Code are hereby repealed. 198
Section 3. Sections 2106.13 and 2113.03 of the Revised 200
Code, as amended by this act, apply to the estates of decedents 201
who die on or after the effective date of this act. 202