As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  H. B. No. 313  5            

      1999-2000                                                    6            


                     REPRESENTATIVE  SALERNO                       7            


_________________________________________________________________   8            

                          A   B I L L                                           

             To amend sections 319.54, 1109.07, 1339.68, 2101.12,  10           

                2101.16, 2101.24, 2106.10, 2106.13, 2106.18,       11           

                2107.501, 2113.03, 2113.61, 2131.10, 5111.11,      12           

                5302.01, 5302.02, and 5731.21 and to enact                      

                sections 2113.031, 5302.22, and 5302.23 of the     13           

                Revised Code to permit, without appointing a       14           

                fiduciary or following release from                15           

                administration procedures, the transfer of titled               

                assets of a decedent to certain persons who pay    16           

                or are obligated to pay the decedent's funeral                  

                expenses; to permit any person, entity, or         17           

                organization to be a beneficiary of a POD bank     18           

                account; to remove the requirement that the value  20           

                of the two automobiles that a decedent's                        

                surviving spouse may select from the decedent's    21           

                estate be determined by an appraisal and to        22           

                permit the surviving spouse to select a truck                   

                under that law even if the decedent owned an       23           

                automobile; to extend the statutory exemption to   25           

                the doctrine of ademption to a sale of                          

                specifically devised or bequeathed property by an  26           

                agent acting under a power of attorney or durable               

                power of attorney; and to permit an owner of an    28           

                interest in real property to designate on a deed   29           

                one or more beneficiaries to take title to the     30           

                interest upon the death of the grantee under the   31           

                deed without having to go through probate.                      

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 319.54, 1109.07, 1339.68,          35           

2101.12, 2101.16, 2101.24, 2106.10, 2106.13, 2106.18, 2107.501,    36           

2113.03, 2113.61, 2131.10, 5111.11, 5302.01, 5302.02, and 5731.21  37           

be amended and sections 2113.031, 5302.22, and 5302.23 of the      39           

Revised Code be enacted to read as follows:                                     

      Sec. 319.54.  (A)  On all moneys collected by the county     48           

treasurer on any tax duplicate of the county, other than estate    49           

tax duplicates, and on all moneys received as advance payments of  50           

personal property and classified property taxes, the county        51           

auditor, on settlement with the treasurer and tax commissioner,    52           

on or before the date prescribed by law for such settlement or     53           

any lawful extension of such date, shall be allowed as             54           

compensation for the county auditor's services the following       55           

percentages:                                                       56           

      (1)  On the first one hundred thousand dollars, two and      58           

one-half per cent;                                                 59           

      (2)  On the next two million dollars, eight thousand three   61           

hundred eighteen ten-thousandths of one per cent;                  62           

      (3)  On the next two million dollars, six thousand six       64           

hundred fifty-five ten-thousandths of one per cent;                65           

      (4)  On all further sums, one thousand six hundred           67           

sixty-three ten-thousandths of one per cent.                       68           

      If any settlement is not made on or before the date          70           

prescribed by law for such settlement or any lawful extension of   71           

such date, the aggregate compensation allowed to the auditor       72           

shall be reduced one per cent for each day such settlement is      73           

delayed after the prescribed date.  No penalty shall apply if the  74           

auditor and treasurer grant all requests for advances up to        75           

ninety per cent of the settlement pursuant to section 321.34 of    76           

the Revised Code.  The compensation allowed in accordance with     77           

this section on settlements made before the dates prescribed by    78           

law, or the reduced compensation allowed in accordance with this   79           

section on settlements made after the date prescribed by law or    80           

                                                          3      


                                                                 
any lawful extension of such date, shall be apportioned ratably    81           

by the auditor and deducted from the shares or portions of the     82           

revenue payable to the state as well as to the county, townships,  83           

municipal corporations, and school districts.                      84           

      (B)  From all moneys collected by the county treasurer on    86           

any tax duplicate of the county, other than estate tax             87           

duplicates, and on all moneys received as advance payments of      88           

personal property and classified property taxes, there shall be    89           

paid into the county treasury to the credit of the real estate     90           

assessment fund created by section 325.31 of the Revised Code, an  91           

amount to be determined by the county auditor, which shall not     92           

exceed the following percentages:                                  93           

      (1)  On the first one hundred thousand dollars, three and    95           

one-half per cent;                                                 96           

      (2)  On the next three million dollars, one and              98           

three-eighths per cent;                                            99           

      (3)  On the next three million dollars, one per cent;        101          

      (4)  On all further sums not exceeding one hundred fifty     103          

million dollars, three-quarters of one per cent;                   104          

      (5)  On amounts exceeding one hundred fifty million          106          

dollars, six-tenths of one per cent.                               107          

      Such compensation shall be apportioned ratably by the        109          

auditor and deducted from the shares or portions of the revenue    110          

payable to the state as well as to the county, townships,          111          

municipal corporations, and school districts.                      112          

      (C)  Each county auditor shall receive four per cent of the  114          

amount of tax collected and paid into the county treasury, on      115          

property omitted and placed by the county auditor on the tax       116          

duplicate.                                                         117          

      (D)  On all estate tax moneys collected by the county        119          

treasurer, the county auditor, on settlement semiannually with     120          

the tax commissioner, shall be allowed, as compensation for the    121          

auditor's services under Chapter 5731. of the Revised Code, the    123          

following percentages:                                             124          

                                                          4      


                                                                 
      (1)  Four per cent on the first one hundred thousand         126          

dollars;                                                           127          

      (2)  One-half of one per cent on all additional sums.        129          

      Such percentages shall be computed upon the amount           131          

collected and reported at each semiannual settlement, and shall    132          

be for the use of the general fund of the county.                  133          

      (E)  On all cigarette license moneys collected by the        135          

county treasurer, the county auditor, on settlement semiannually   136          

with the treasurer, shall be allowed as compensation for the       137          

auditor's services in the issuing of such licenses one-half of     139          

one per cent of such moneys, to be apportioned ratably and         140          

deducted from the shares of the revenue payable to the county and  141          

subdivisions, for the use of the general fund of the county.       142          

      (F)  The county auditor shall charge and receive fees as     144          

follows:                                                           145          

      (1)  For deeds of land sold for taxes to be paid by the      147          

purchaser, five dollars;                                           148          

      (2)  For the transfer or entry of land, lot, or part of      150          

lot, to be paid by the person requiring it, fifty cents for each   151          

transfer;                                                          152          

      (3)  For receiving statements of value and administering     154          

section 319.202 of the Revised Code, one dollar, or ten cents per  155          

hundred dollars for each one hundred dollars, or fraction of one   156          

hundred dollars, whichever is greater, of the value of the real    158          

property transferred or, for sales occurring on or after January   159          

1, 2000, the value of the used manufactured home or used mobile    162          

home, as defined in division (A)(6) of section 5739.0210 of the    164          

Revised Code, transferred, except no fee shall be charged when     165          

the transfer is made:                                              166          

      (a)  To or from the United States, this state, or any        168          

instrumentality, agency, or political subdivision of the United    169          

States or this state;                                              170          

      (b)  Solely in order to provide or release security for a    172          

debt or obligation;                                                173          

                                                          5      


                                                                 
      (c)  To confirm or correct a deed previously executed and    175          

recorded;                                                          176          

      (d)  To evidence a gift, in trust or otherwise and whether   178          

revocable or irrevocable, between husband and wife, or parent and  179          

child or the spouse of either;                                     180          

      (e)  On sale for delinquent taxes or assessments;            182          

      (f)  Pursuant to court order, to the extent that such        184          

transfer is not the result of a sale effected or completed         185          

pursuant to such order;                                            186          

      (g)  Pursuant to a reorganization of corporations or         188          

unincorporated associations or pursuant to the dissolution of a    189          

corporation, to the extent that the corporation conveys the        190          

property to a stockholder as a distribution in kind of the         191          

corporation's assets in exchange for the stockholder's shares in   192          

the dissolved corporation;                                         193          

      (h)  By a subsidiary corporation to its parent corporation   195          

for no consideration, nominal consideration, or in sole            196          

consideration of the cancellation or surrender of the              197          

subsidiary's stock;                                                198          

      (i)  By lease, whether or not it extends to mineral or       200          

mineral rights, unless the lease is for a term of years renewable  201          

forever;                                                           202          

      (j)  When the value of the real property or the              204          

manufactured or mobile home or the value of the interest that is   206          

conveyed does not exceed one hundred dollars;                                   

      (k)  Of an occupied residential property, including a        208          

manufactured or mobile home, being transferred to the builder of   209          

a new residence or to the dealer of a new manufactured or mobile   210          

home when the former residence is traded as part of the            211          

consideration for the new residence or new manufactured or mobile  212          

home;                                                                           

      (l)  To a grantee other than a dealer in real property or    214          

in manufactured or mobile homes, solely for the purpose of, and    215          

as a step in, the prompt sale of the real property or              216          

                                                          6      


                                                                 
manufactured or mobile home to others;                                          

      (m)  To or from a person when no money or other valuable     218          

and tangible consideration readily convertible into money is paid  219          

or to be paid for the real estate or manufactured or mobile home   220          

and the transaction is not a gift;                                 222          

      (n)  Pursuant to division (B) of section 317.22 of the       224          

Revised Code, or to section 2113.61 of the Revised Code, between   226          

spouses or to a surviving spouse pursuant to section 5302.17 of    227          

the Revised Code as it existed prior to April 4, 1985, between     228          

persons pursuant to section 5302.17 or 5302.18 of the Revised      229          

Code on or after April 4, 1985, to a person who is a surviving,    230          

survivorship tenant pursuant to section 5302.17 of the Revised     231          

Code on or after April 4, 1985, or pursuant to section 5309.45 of  232          

the Revised Code;                                                               

      (o)  To a trustee acting on behalf of minor children of the  234          

deceased;                                                          235          

      (p)  Of an easement or right-of-way when the value of the    237          

interest conveyed does not exceed one thousand dollars;            238          

      (q)  Of property sold to a surviving spouse pursuant to      240          

section 2106.16 of the Revised Code;                               241          

      (r)  To or from an organization exempt from federal income   243          

taxation under section 501(c)(3) of the "Internal Revenue Code of  244          

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such    245          

transfer is without consideration and is in furtherance of the     246          

charitable or public purposes of such organization;                247          

      (s)  Among the heirs at law or devisees, including a         249          

surviving spouse, of a common decedent, when no consideration in   250          

money is paid or to be paid for the real property or manufactured  251          

or mobile home;                                                    252          

      (t)  To a trustee of a trust, when the grantor of the trust  254          

has reserved an unlimited power to revoke the trust;               255          

      (u)  To the grantor of a trust by a trustee of the trust,    257          

when the transfer is made to the grantor pursuant to the exercise  258          

of the grantor's power to revoke the trust or to withdraw trust    259          

                                                          7      


                                                                 
assets;                                                                         

      (v)  To the beneficiaries of a trust if the fee was paid on  261          

the transfer from the grantor of the trust to the trustee or if    262          

the transfer is made pursuant to trust provisions which became     263          

irrevocable at the death of the grantor;                           264          

      (w)  To a corporation for incorporation into a sports        266          

facility constructed pursuant to section 307.696 of the Revised    267          

Code;                                                              268          

      (x)  BETWEEN PERSONS PURSUANT TO SECTION 5302.18 OR 5302.22  270          

OF THE REVISED CODE OR TO ONE OR MORE PERSONS WHO ARE TRANSFER ON  271          

DEATH BENEFICIARIES PURSUANT TO SECTION 5302.22 OF THE REVISED     272          

CODE.                                                                           

      The auditor shall compute and collect the fee.  The auditor  274          

shall maintain a numbered receipt system, as prescribed by the     275          

tax commissioner, and use such receipt system to provide a         276          

receipt to each person paying a fee.  The auditor shall deposit    277          

the receipts of the fees on conveyances in the county treasury     278          

daily to the credit of the general fund of the county.             279          

      The real property transfer fee provided for in division      281          

(F)(3) of this section shall be applicable to any conveyance of    282          

real property presented to the auditor on or after January 1,      283          

1968, regardless of its time of execution or delivery.             284          

      Sec. 1109.07.  (A)  When a deposit is made in the name of    295          

two or more persons, payable to either or the survivor, the bank   296          

may pay all of the deposit, any part of the deposit, or any        297          

interest earned on the deposit, to either of the named persons,    298          

or the guardian of the estate of either of the named persons,      299          

whether or not the other person is living.  The receipt or         300          

acquittance of the person paid is a sufficient release and         301          

discharge of the bank for any payments made from the account to    302          

that person.                                                                    

      (B)  A bank may enter into a written contract with a         304          

natural person for the proceeds of the person's deposits to be     306          

payable on the death of that person to another natural person OR   307          

                                                          8      


                                                                 
TO ANY ENTITY OR ORGANIZATION in accordance with the terms,        309          

restrictions, and limitations set forth in sections 2131.10 and    310          

2131.11 of the Revised Code.                                                    

      Sec. 1339.68.  (A)  As used in this section:                 319          

      (1)  "Disclaimant" means any person, any guardian or         321          

personal representative of a person or estate of a person, or any  322          

attorney-in-fact or agent of a person having a general or          323          

specific authority to act granted in a written instrument, who is  324          

any of the following:                                              325          

      (a)  With respect to testamentary instruments and intestate  327          

succession, an heir, next of kin, devisee, legatee, donee, person  328          

succeeding to a disclaimed interest, surviving joint tenant,       329          

surviving tenant by the entireties, surviving tenant of a tenancy  330          

with a right of survivorship, beneficiary under a testamentary     331          

instrument, or person designated to take pursuant to a power of    332          

appointment exercised by a testamentary instrument;                333          

      (b)  With respect to nontestamentary instruments, a          335          

grantee, donee, person succeeding to a disclaimed interest,        336          

surviving joint tenant, surviving tenant by the entireties,        337          

surviving tenant of a tenancy with a right of survivorship,        338          

beneficiary under a nontestamentary instrument, or person          339          

designated to take pursuant to a power of appointment exercised    340          

by a nontestamentary instrument;                                   341          

      (c)  With respect to fiduciary rights, privileges, powers,   343          

and immunities, a fiduciary under a testamentary or                344          

nontestamentary instrument.  This section does not authorize a     345          

fiduciary to disclaim the rights of beneficiaries unless the       346          

instrument creating the fiduciary relationship authorizes such a   347          

disclaimer.                                                        348          

      (d)  Any person entitled to take an interest in property     350          

upon the death of a person or upon the occurrence of any other     351          

event.                                                             352          

      (2)  "Property" means all forms of property, real and        354          

personal, tangible and intangible.                                 355          

                                                          9      


                                                                 
      (B)(1)  A disclaimant, other than a fiduciary under an       357          

instrument who is not authorized by the instrument to disclaim     358          

the interest of a beneficiary, may disclaim, in whole or in part,  359          

the succession to any property by executing and by delivering,     360          

filing, or recording a written disclaimer instrument in the        361          

manner provided in this section.                                   362          

      (2)  A disclaimant who is a fiduciary under an instrument    364          

may disclaim, in whole or in part, any right, power, privilege,    365          

or immunity, by executing and by delivering, filing, or recording  366          

a written disclaimer instrument in the manner provided in this     367          

section.                                                           368          

      (3)  The written instrument of disclaimer shall be signed    370          

and acknowledged by the disclaimant and shall contain all of the   371          

following:                                                         372          

      (a)  A reference to the donative instrument;                 374          

      (b)  A description of the property, part of property, or     376          

interest disclaimed, and of any fiduciary right, power,            377          

privilege, or immunity disclaimed;                                 378          

      (c)  A declaration of the disclaimer and its extent.         380          

      (4)  The guardian of the estate of a minor or an             382          

incompetent, or the personal representative of a deceased person,  383          

with the consent of the probate division of the court of common    384          

pleas, may disclaim, in whole or in part, the succession to any    385          

property, or interest in property, that the ward, if an adult and  386          

competent, or the deceased, if living, might have disclaimed.      387          

The guardian or personal representative, or any interested person  388          

may file an application with the probate division of the court of  389          

common pleas that has jurisdiction of the estate, asking that the  390          

court order the guardian or personal representative to execute     391          

and deliver, file, or record the disclaimer on behalf of the ward  392          

or estate.  The court shall order the guardian or personal         393          

representative to execute and deliver, file, or record the         394          

disclaimer if the court finds, upon hearing after notice to        395          

interested parties and such other persons as the court shall       396          

                                                          10     


                                                                 
direct, that:                                                      397          

      (a)  It is in the best interests of those interested in the  399          

estate of the person and of those who will take the disclaimed     400          

interest;                                                          401          

      (b)  It would not materially, adversely affect the minor or  403          

incompetent, or the beneficiaries of the estate of the decedent,   404          

taking into consideration other available resources and the age,   405          

probable life expectancy, physical and mental condition, and       406          

present and reasonably anticipated future needs of the minor or    407          

incompetent or the beneficiaries of the estate of the decedent.    408          

      A written instrument of disclaimer ordered by the court      410          

under this division shall be executed and be delivered, filed, or  411          

recorded within the time and in the manner in which the person     412          

could have disclaimed if the person were living, an adult, and     414          

competent.                                                                      

      (C)  A partial disclaimer of property that is subject to a   416          

burdensome interest created by the donative instrument is not      417          

effective unless the disclaimed property constitutes a gift that   418          

is separate and distinct from undisclaimed gifts.                  419          

      (D)  The disclaimant shall deliver, file, or record the      421          

disclaimer, or cause the same to be done, not later than nine      422          

months after the latest of the following dates:                    423          

      (1)  The effective date of the donative instrument if both   425          

the taker and the taker's interest in the property are finally     427          

ascertained on that date;                                          428          

      (2)  The date of the occurrence of the event upon which      430          

both the taker and the taker's interest in the property become     432          

finally ascertainable;                                             433          

      (3)  The date on which the disclaimant attains twenty-one    435          

years of age or is no longer an incompetent, without tendering or  436          

repaying any benefit received while the disclaimant was under      437          

twenty-one years of age or an incompetent, and even if a guardian  438          

of a minor or incompetent had filed an application pursuant to     439          

division (B)(4) of this section and the probate division of the    440          

                                                          11     


                                                                 
court of common pleas involved did not consent to the guardian     441          

executing a disclaimer.                                            442          

      (E)  No disclaimer instrument is effective under this        444          

section if either of the following applies under the terms of the  445          

disclaimer instrument:                                             446          

      (1)  The disclaimant has power to revoke the disclaimer;     448          

      (2)  The disclaimant may transfer, or direct to be           450          

transferred, to self the entire legal and equitable ownership of   453          

the property subject to the disclaimer instrument.                              

      (F)(1)  If SUBJECT TO DIVISION (F)(2) OF THIS SECTION, IF    456          

the interest disclaimed is created by a nontestamentary            457          

instrument, the disclaimer instrument shall be delivered           458          

personally or by certified mail to the trustee or other person     459          

who has legal title to, or possession of, the property                          

disclaimed.                                                        460          

      (2)  If the interest disclaimed is created by a              462          

testamentary instrument or, by intestate succession, OR BY A       463          

TRANSFER ON DEATH DEED PURSUANT TO SECTION 5302.22 OF THE REVISED  464          

CODE, the disclaimer instrument shall be filed in the probate      465          

division of the court of common pleas in the county in which       466          

proceedings for the administration of the decedent's estate have   467          

been commenced, and an executed copy of the disclaimer instrument  468          

shall be delivered personally or by certified mail to the          469          

personal representative of the decedent's estate.                  470          

      (3)  If no proceedings for the administration of the         472          

decedent's estate have been commenced, the disclaimer instrument   473          

shall be filed in the probate division of the court of common      474          

pleas in the county in which proceedings for the administration    475          

of the decedent's estate might be commenced according to law.      476          

The disclaimer instrument shall be filed and indexed, and fees     477          

charged, in the same manner as provided by law for an application  478          

to be appointed as personal representative to administer the       479          

decedent's estate.  The disclaimer is effective whether or not     480          

proceedings thereafter are commenced to administer the decedent's  481          

                                                          12     


                                                                 
estate.  If proceedings thereafter are commenced for the           482          

administration of the decedent's estate, they shall be filed       483          

under, or consolidated with, the case number assigned to the       484          

disclaimer instrument.                                             485          

      (4)  If an interest in real estate is disclaimed, an         487          

executed copy of the disclaimer instrument also shall be recorded  488          

in the office of the recorder of the county in which the real      489          

estate is located.  The disclaimer instrument shall include a      490          

description of the real estate with sufficient certainty to        491          

identify it, and shall contain a reference to the record of the    492          

instrument that created the interest disclaimed.  If title to the  493          

real estate is registered under Chapters 5309. and 5310. of the    494          

Revised Code, the disclaimer interest shall be entered as a        495          

memorial on the last certificate of title.  A spouse of a          496          

disclaimant has no dower or other interest in the real estate      497          

disclaimed.                                                        498          

      (G)  Unless the donative instrument expressly provides       500          

that, if there is a disclaimer, there shall not be any             501          

acceleration of remainders or other interests, the property, part  502          

of property, or interest in property disclaimed, and any future    503          

interest that is to take effect in possession or enjoyment at or   504          

after the termination of the interest disclaimed, shall descend,   505          

be distributed, or otherwise be disposed of, and shall be          506          

accelerated, in the following manner:                              507          

      (1)  If intestate or testate succession is disclaimed, as    509          

if the disclaimant had predeceased the decedent;                   510          

      (2)  If the disclaimant is one designated to take pursuant   512          

to a power of appointment exercised by a testamentary instrument,  513          

as if the disclaimant had predeceased the donee of the power;      514          

      (3)  If the donative instrument is a nontestamentary         516          

instrument, as if the disclaimant had died before the effective    517          

date of the nontestamentary instrument;                            518          

      (4)  If the disclaimer is of a fiduciary right, power,       520          

privilege, or immunity, as if the right, power, privilege, or      521          

                                                          13     


                                                                 
immunity was never in the donative instrument.                     522          

      (H)  A disclaimer pursuant to this section is effective as   524          

of, and relates back for all purposes to, the date upon which the  525          

taker and the taker's interest have been finally ascertained.      527          

      (I)  A disclaimant who has a present and future interest in  529          

property, and disclaims the disclaimant's present interest in      531          

whole or in part, is considered to have disclaimed the             532          

disclaimant's future interest to the same extent, unless a         534          

contrary intention appears in the disclaimer instrument or the     535          

donative instrument.  A disclaimant is not precluded from          536          

receiving, as an alternative taker, a beneficial interest in the   537          

property disclaimed, unless a contrary intention appears in the    538          

disclaimer instrument or in the donative instrument.               539          

      (J)  The disclaimant's right to disclaim under this section  541          

is barred if, before the expiration of the period within which     542          

the disclaimant may disclaim the interest, the disclaimant does    544          

any of the following:                                              545          

      (1)  Assigns, conveys, encumbers, pledges, or transfers, or  547          

contracts to assign, convey, encumber, pledge, or transfer, the    548          

property or any interest in it;                                    549          

      (2)  Waives in writing the disclaimant's right to disclaim   551          

and executes and delivers, files, or records the waiver in the     553          

manner provided in this section for a disclaimer instrument;       554          

      (3)  Accepts the property or an interest in it;              556          

      (4)  Permits or suffers a sale or other disposition of the   558          

property pursuant to judicial action against the disclaimant.      560          

      (K)  A fiduciary's application for appointment or            562          

assumption of duties as a fiduciary does not waive or bar the      563          

disclaimant's right to disclaim a right, power, privilege, or      565          

immunity.                                                                       

      (L)  The right to disclaim under this section exists         567          

irrespective of any limitation on the interest of the disclaimant  568          

in the nature of a spendthrift provision or similar restriction.   569          

      (M)  A disclaimer instrument or written waiver of the right  571          

                                                          14     


                                                                 
to disclaim that has been executed and delivered, filed, or        572          

recorded as required by this section is final and binding upon     573          

all persons.                                                       574          

      (N)  The right to disclaim and the procedures for            576          

disclaimer established by this section are in addition to, and do  577          

not exclude or abridge, any other rights or procedures existing    578          

under any other section of the Revised Code or at common law to    579          

assign, convey, release, refuse to accept, renounce, waive, or     580          

disclaim property.                                                 581          

      (O)(1)  No person is liable for distributing or disposing    583          

of property in a manner inconsistent with the terms of a valid     584          

disclaimer if the distribution or disposition is otherwise proper  585          

and the person has no actual knowledge of the disclaimer.          586          

      (2)  No person is liable for distributing or disposing of    588          

property in reliance upon the terms of a disclaimer that is        589          

invalid because the right of disclaimer has been waived or barred  590          

if the distribution or disposition is otherwise proper and the     591          

person has no actual knowledge of the facts that constitute a      592          

waiver or bar to the right to disclaim.                            593          

      (P)(1)  A disclaimant may disclaim pursuant to this section  596          

any interest in property that is in existence on September 27,     597          

1976, if either the interest in the property or the taker of the   598          

interest in the property is not finally ascertained on that date.  599          

      (2)  No disclaimer executed pursuant to this section         601          

destroys or diminishes an interest in property that exists on      602          

September 27, 1976, in any person other than the disclaimant.      603          

      Sec. 2101.12.  The following records shall be kept by the    612          

probate court:                                                     613          

      (A)  An administration docket, showing the grant of letters  615          

of administration or letters testamentary, the name of the         616          

decedent, the amount of bond and names of sureties in the bond,    617          

and the date of filing and a brief note of each order or           618          

proceeding relating to the estate with reference to the journal    619          

or other record in which the order or proceeding is found;         620          

                                                          15     


                                                                 
      (B)  A guardian's docket, showing the name of each ward      622          

and, if the ward is an infant, his THE INFANT'S age and the name   623          

of his THE INFANT'S parents, the amount of bond and names of       625          

sureties in any bond, any limited powers or limited duration of    626          

powers, and the date of filing and a brief note of the orders and  627          

proceedings as described in division (A) of this section;          628          

      (C)  A civil docket, in which shall be noted the names of    630          

parties to actions and proceedings, the date of the commencement   631          

of the actions and proceedings and of the filing of the papers     632          

relating to the actions and proceedings, a brief note of the       633          

orders made in the actions and proceedings, and the date of        634          

entering the orders;                                               635          

      (D)  A journal, in which shall be kept minutes of official   637          

business transacted in the probate court, or by the probate        638          

judge, in civil actions and proceedings;                           639          

      (E)  A record of wills, in which the wills proved in the     641          

court shall be recorded with a certificate of the probate of the   642          

will, and wills proved elsewhere with the certificate of probate,  643          

authenticated copies of which have been admitted to record by the  644          

court;                                                             645          

      (F)  A final record that shall contain a complete record of  647          

each cause or matter and shall be completed within ninety days     648          

after the final order or judgment has been made in the cause or    649          

matter;                                                            650          

      (G)  An execution docket, in which shall be entered a        652          

memorandum of executions issued by the probate judge stating the   653          

names of the parties, the name of the person to whom the           654          

execution is delivered, his THE PERSON'S return on the execution,  656          

the date of issuing the execution, the amount ordered to be        657          

collected, stating the costs separately from the fine or damages,  658          

the payments on the execution, and the satisfaction of the         659          

execution when it is satisfied;                                    660          

      (H)  A marriage record, in which shall be entered licenses,  662          

the names of the parties to whom a license is issued, the names    663          

                                                          16     


                                                                 
of the persons applying for a license, a brief statement of the    664          

facts sworn to by persons applying for a license, and the returns  665          

of the person solemnizing the marriage;                            666          

      (I)  A naturalization record, in which shall be entered the  668          

declaration of intention of the person seeking to be naturalized,  669          

the oath of the person naturalized, and the affidavit or oath of   670          

witnesses who testify in his THE PERSON'S behalf, in which         671          

affidavit shall be stated the place of residence of the            673          

witnesses;                                                                      

      (J)  A permanent record of all births and deaths occurring   675          

within the county, reported as provided by law, which record       676          

shall be kept in the form and manner that may be designated by     677          

the director of health;                                            678          

      (K)  A separate record and index of adoptions, in            680          

accordance with section 3107.17 of the Revised Code;               681          

      (L)  A SUMMARY RELEASE FROM ADMINISTRATION DOCKET, SHOWING   683          

THE DATE OF THE FILING OF THE APPLICATION FOR A SUMMARY RELEASE    685          

FROM ADMINISTRATION PURSUANT TO SECTION 2113.031 OF THE REVISED    687          

CODE, THE DECEDENT'S NAME, THE APPLICANT'S NAME, WHETHER THE       688          

APPLICANT IS THE DECEDENT'S SURVIVING SPOUSE OR A PERSON           689          

DESCRIBED IN DIVISION (B)(1) OF THAT SECTION, AND A BRIEF NOTE OF  690          

THE GRANT OF THE ORDER OF SUMMARY RELEASE FROM ADMINISTRATION AND  691          

OF ANY OTHER ORDER OR PROCEEDING RELATING TO THE DECEDENT'S        692          

ESTATE, WITH REFERENCE TO THE JOURNAL OR OTHER RECORD IN WHICH     694          

THE ORDER OR PROCEEDING IS FOUND.                                               

      For each record required by this section, an index shall be  696          

maintained.  Each index shall be kept current with the entries in  697          

the record and shall refer to the entries alphabetically by the    698          

names of the persons as they were originally entered, indexing     699          

the page of the record where the entry is made.  On the order of   700          

the PROBATE judge, blankbooks, other record forms, or other        701          

record-keeping materials approved by the judge for such THE        702          

records and indexes shall be furnished by the board of county      703          

commissioners at the expense of the county.                        704          

                                                          17     


                                                                 
      Sec. 2101.16.  (A)  The fees enumerated in this division     713          

shall be charged and collected, if possible, by the probate judge  714          

and shall be in full for all services rendered in the respective   715          

proceedings:                                                       716          

(1)  Account, in addition to advertising charges..........$12.00   720          

        Waivers and proof of notice of hearing on account,         722          

        per page, minimum one dollar......................$ 1.00   724          

(2)  Account of distribution, in addition to advertising           726          

        charges...........................................$ 7.00   727          

(3)  Adoption of child, petition for......................$50.00   729          

(4)  Alter or cancel contract for sale or purchase of real         731          

        estate, petition to...............................$20.00   733          

(5)  Application and order not otherwise provided for in           735          

        this section or by rule adopted pursuant to                736          

        division (E) of this section......................$ 5.00   738          

(6)  Appropriation suit, per day, hearing in..............$20.00   741          

(7)  Birth, application for registration of...............$ 7.00   744          

(8)  Birth record, application to correct.................$ 5.00   747          

(9)  Bond, application for new or additional..............$ 5.00   750          

(10) Bond, application for release of surety or reduction          752          

        of................................................$ 5.00   753          

(11) Bond, receipt for securities deposited in lieu of....$ 5.00   756          

(12) Certified copy of journal entry, record, or                   758          

        proceeding, per page, minimum fee one dollar......$ 1.00   760          

(13) Citation and issuing citation, application for.......$ 5.00   763          

(14) Change of name, petition for.........................$20.00   766          

(15) Claim, application of administrator or executor for           768          

        allowance of administrator's or executor's own....$10.00   769          

(16) Claim, application to compromise or settle...........$10.00   771          

(17) Claim, authority to present..........................$10.00   774          

(18) Commissioner, appointment of.........................$ 5.00   777          

(19) Compensation for extraordinary services and                   779          

        attorney's fees for fiduciary, application for....$ 5.00   781          

(20) Competency, application to procure adjudication of...$20.00   784          

                                                          18     


                                                                 
(21) Complete contract, application to....................$10.00   787          

(22) Concealment of assets, citation for..................$10.00   790          

(23) Construction of will, petition for...................$20.00   793          

(24) Continue decedent's business, application to.........$10.00   796          

     Monthly reports of operation.........................$ 5.00   800          

(25) Declaratory judgment, petition for...................$20.00   803          

(26) Deposit of will......................................$ 5.00   806          

(27) Designation of heir..................................$20.00   809          

(28) Distribution in kind, application, assent, and order          811          

        for...............................................$ 5.00   812          

(29) Distribution under section 2109.36 of the Revised             814          

        Code, application for an order of.................$ 7.00   816          

(30) Docketing and indexing proceedings, including the             818          

        filing and noting of all necessary documents,              819          

        maximum fee, fifteen dollars......................$15.00   820          

(31) Exceptions to any proceeding named in this section,           822          

        contest of appointment or.........................$10.00   824          

(32) Election of surviving partner to purchase assets of           826          

        partnership, proceedings relating to..............$10.00   828          

(33) Election of surviving spouse under will..............$ 5.00   831          

(34) Fiduciary, including an assignee or trustee of an             833          

        insolvent debtor or any guardian or conservator            834          

        accountable to the probate court, appointment of..$35.00   836          

(35) Foreign will, application to record..................$10.00   839          

     Record of foreign will, additional, per page.........$ 1.00   842          

(36) Forms when supplied by the probate court, not to              844          

        exceed............................................$10.00   846          

(37) Heirship, petition to determine......................$20.00   849          

(38) Injunction proceedings...............................$20.00   852          

(39) Improve real estate, petition to.....................$20.00   855          

(40) Inventory with appraisement..........................$10.00   858          

(41) Inventory without appraisement.......................$ 7.00   861          

(42) Investment or expenditure of funds, application for..$10.00   864          

(43) Invest in real estate, application to................$10.00   867          

                                                          19     


                                                                 
(44) Lease for oil, gas, coal, or other mineral, petition          869          

        to................................................$20.00   870          

(45) Lease or lease and improve real estate, petition to..$20.00   873          

(46) Marriage license.....................................$10.00   876          

     Certified abstract of each marriage..................$ 2.00   879          

(47) Minor or mentally ill person, etc., disposal of               881          

        estate under ten thousand dollars of..............$10.00   883          

(48) Mortgage or mortgage and repair or improve real               885          

        estate, petition to...............................$20.00   887          

(49) Newly discovered assets, report of...................$ 7.00   890          

(50) Nonresident executor or administrator to bar                  892          

        creditors' claims, proceedings by.................$20.00   894          

(51) Power of attorney or revocation of power, bonding             896          

        company...........................................$10.00   897          

(52) Presumption of death, petition to establish..........$20.00   900          

(53) Probating will.......................................$15.00   903          

     Proof of notice to beneficiaries.....................$ 5.00   906          

(54) Purchase personal property, application of surviving          908          

        spouse to.........................................$10.00   910          

(55) Purchase real estate at appraised value, petition of          912          

        surviving spouse to...............................$20.00   914          

(56) Receipts in addition to advertising charges,                  916          

        application and order to record...................$ 5.00   918          

     Record of those receipts, additional, per page.......$ 1.00   921          

(57) Record in excess of fifteen hundred words in any              923          

        proceeding in the probate court, per page.........$ 1.00   925          

(58) Release of estate by mortgagee or other lienholder...$ 5.00   928          

(59) Relieving AN estate from administration UNDER SECTION         930          

        2113.03 OF THE REVISED CODE OR GRANTING AN ORDER                        

        FOR A SUMMARY RELEASE FROM ADMINISTRATION UNDER            931          

        SECTION 2113.031 OF THE REVISED CODE..............$60.00   932          

(60) Removal of fiduciary, application for................$10.00   935          

(61) Requalification of executor or administrator.........$10.00   938          

(62) Resignation of fiduciary.............................$ 5.00   941          

                                                          20     


                                                                 
(63) Sale bill, public sale of personal property..........$10.00   944          

(64) Sale of personal property and report, application             946          

        for...............................................$10.00   947          

(65) Sale of real estate, petition for....................$25.00   950          

(66) Terminate guardianship, petition to..................$10.00   953          

(67) Transfer of real estate, application, entry, and              955          

        certificate for...................................$ 7.00   957          

(68) Unclaimed money, application to invest...............$ 7.00   960          

(69) Vacate approval of account or order of distribution,          961          

        motion to.........................................$10.00   962          

(70) Writ of execution....................................$ 5.00   965          

(71) Writ of possession...................................$ 5.00   968          

(72) Wrongful death, application and settlement of claim           970          

        for...............................................$20.00   971          

(73) Year's allowance, petition to review.................$ 7.00   973          

(74) Guardian's report, filing and review of..............$ 5.00   976          

      (B)(1)  In relation to an application for the appointment    979          

of a guardian or the review of a report of a guardian under        980          

section 2111.49 of the Revised Code, the probate court, pursuant   981          

to court order or in accordance with a court rule, may direct      982          

that the applicant or the estate pay any or all of the expenses    983          

of an investigation conducted pursuant to section 2111.041 or      984          

division (A)(2) of section 2111.49 of the Revised Code.  If the    985          

investigation is conducted by a public employee or investigator    986          

who is paid by the county, the fees for the investigation shall    987          

be paid into the county treasury.  If the court finds that an      988          

alleged incompetent or a ward is indigent, the court may waive     989          

the costs, fees, and expenses of an investigation.                 990          

      (2)  In relation to the appointment or functioning of a      992          

guardian for a minor or the guardianship of a minor, the probate   993          

court may direct that the applicant or the estate pay any or all   995          

of the expenses of an investigation conducted pursuant to section  996          

2111.042 of the Revised Code.  If the investigation is conducted   997          

by a public employee or investigator who is paid by the county,                 

                                                          21     


                                                                 
the fees for the investigation shall be paid into the county       998          

treasury.  If the court finds that the guardian or applicant is    999          

indigent, the court may waive the costs, fees, and expenses of an  1,001        

investigation.                                                                  

      (C)  Thirty dollars of the thirty-five-dollar fee collected  1,003        

pursuant to division (A)(34) of this section and twenty dollars    1,004        

of the sixty-dollar fee collected pursuant to division (A)(59) of  1,006        

this section shall be deposited by the county treasurer in the     1,007        

indigent guardianship fund created pursuant to section 2111.51 of  1,008        

the Revised Code.                                                               

      (D)  The fees of witnesses, jurors, sheriffs, coroners, and  1,010        

constables for services rendered in the probate court or by order  1,011        

of the probate judge shall be the same as provided for like        1,012        

services in the court of common pleas.                             1,013        

      (E)  The probate court, by rule, may require an advance      1,015        

deposit for costs, not to exceed one hundred twenty-five dollars,  1,016        

at the time application is made for an appointment as executor or  1,017        

administrator or at the time a will is presented for probate.      1,018        

      (F)  The probate court, by rule, shall establish a           1,020        

reasonable fee, not to exceed fifty dollars, for the filing of a   1,021        

petition for the release of information regarding an adopted       1,022        

person's name by birth and the identity of the adopted person's    1,024        

biological parents and biological siblings pursuant to section                  

3107.41 of the Revised Code, all proceedings relative to the       1,026        

petition, the entry of an order relative to the petition, and all  1,027        

services required to be performed in connection with the           1,028        

petition.  The probate court may use a reasonable portion of a     1,029        

fee charged under authority of this division to reimburse any      1,030        

agency, as defined in section 3107.39 of the Revised Code, for     1,031        

any services it renders in performing a task described in section  1,032        

3107.41 of the Revised Code relative to or in connection with the  1,033        

petition for which the fee was charged.                            1,034        

      (G)  Thirty dollars of the fifty-dollar fee collected        1,036        

pursuant to division (A)(3) of this section shall be deposited     1,037        

                                                          22     


                                                                 
into the "putative father registry fund," which is hereby created  1,038        

in the state treasury.  The department of human services shall     1,039        

use the money in the fund to fund the department's costs of                     

performing its duties related to the putative father registry      1,040        

established under section 3107.062 of the Revised Code.            1,041        

      Sec. 2101.24.  (A)(1)  Except as otherwise provided by law,  1,050        

the probate court has exclusive jurisdiction:                      1,051        

      (a)  To take the proof of wills and to admit to record       1,053        

authenticated copies of wills executed, proved, and allowed in     1,054        

the courts of any other state, territory, or country.  If the      1,055        

probate judge is unavoidably absent, any judge of the court of     1,056        

common pleas may take proof of wills and approve bonds to be       1,057        

given, but the record of these acts shall be preserved in the      1,058        

usual records of the probate court.                                1,059        

      (b)  To grant and revoke letters testamentary and of         1,061        

administration;                                                    1,062        

      (c)  To direct and control the conduct and settle the        1,064        

accounts of executors and administrators and order the             1,065        

distribution of estates;                                           1,066        

      (d)  To appoint the attorney general to serve as the         1,068        

administrator of an estate pursuant to section 2113.06 of the      1,069        

Revised Code;                                                                   

      (e)  To appoint and remove guardians, conservators, and      1,071        

testamentary trustees, direct and control their conduct, and       1,072        

settle their accounts;                                             1,073        

      (f)  To grant marriage licenses;                             1,075        

      (g)  To make inquests respecting persons who are so          1,077        

mentally impaired as a result of a mental or physical illness or   1,078        

disability, or mental retardation, or as a result of chronic       1,079        

substance abuse, that they are unable to manage their property     1,080        

and affairs effectively, subject to guardianship;                  1,081        

      (h)  To qualify assignees, appoint and qualify trustees and  1,083        

commissioners of insolvents, control their conduct, and settle     1,084        

their accounts;                                                    1,085        

                                                          23     


                                                                 
      (i)  To authorize the sale of lands, equitable estates, or   1,087        

interests in lands or equitable estates, and the assignments of    1,088        

inchoate dower in such cases of sale, on petition by executors,    1,089        

administrators, and guardians;                                     1,090        

      (j)  To authorize the completion of real estate contracts    1,092        

on petition of executors and administrators;                       1,093        

      (k)  To construe wills;                                      1,095        

      (l)  To render declaratory judgments, including, but not     1,097        

limited to, those rendered pursuant to section 2107.084 of the     1,098        

Revised Code;                                                      1,099        

      (m)  To direct and control the conduct of fiduciaries and    1,101        

settle their accounts;                                             1,102        

      (n)  To authorize the sale or lease of any estate created    1,104        

by will if the estate is held in trust, on petition by the         1,105        

trustee;                                                           1,106        

      (o)  To terminate a testamentary trust in any case in which  1,108        

a court of equity may do so;                                       1,109        

      (p)  To hear and determine actions to contest the validity   1,111        

of wills;                                                          1,112        

      (q)  To make a determination of the presumption of death of  1,114        

missing persons and to adjudicate the property rights and          1,115        

obligations of all parties affected by the presumption;            1,116        

      (r)  To hear and determine an action commenced pursuant to   1,118        

section 3107.41 of the Revised Code to obtain the release of       1,119        

information pertaining to the birth name of the adopted person     1,120        

and the identity of the adopted person's biological parents and    1,122        

biological siblings;                                               1,123        

      (s)  To act for and issue orders regarding wards pursuant    1,125        

to section 2111.50 of the Revised Code;                            1,126        

      (t)  To hear and determine actions against sureties on the   1,128        

bonds of fiduciaries appointed by the probate court;               1,129        

      (u)  To hear and determine actions involving informed        1,131        

consent for medication of persons hospitalized pursuant to         1,132        

section 5122.141 or 5122.15 of the Revised Code;                   1,133        

                                                          24     


                                                                 
      (v)  To hear and determine actions relating to durable       1,135        

powers of attorney for health care as described in division (D)    1,136        

of section 1337.16 of the Revised Code;                            1,137        

      (w)  To hear and determine actions commenced by objecting    1,139        

individuals, in accordance with section 2133.05 of the Revised     1,140        

Code;                                                              1,141        

      (x)  To hear and determine complaints that pertain to the    1,143        

use or continuation, or the withholding or withdrawal, of          1,144        

life-sustaining treatment in connection with certain patients      1,145        

allegedly in a terminal condition or in a permanently unconscious  1,146        

state pursuant to division (E) of section 2133.08 of the Revised   1,147        

Code, in accordance with that division;                            1,148        

      (y)  To hear and determine applications that pertain to the  1,150        

withholding or withdrawal of nutrition and hydration from certain  1,151        

patients allegedly in a permanently unconscious state pursuant to  1,152        

section 2133.09 of the Revised Code, in accordance with that       1,153        

section;                                                           1,154        

      (z)  To hear and determine applications of attending         1,156        

physicians in accordance with division (B) of section 2133.15 of   1,157        

the Revised Code;                                                  1,158        

      (aa)  To hear and determine actions relative to the use or   1,160        

continuation of comfort care in connection with certain            1,161        

principals under durable powers of attorney for health care,       1,162        

declarants under declarations, or patients in accordance with      1,163        

division (E) of either section 1337.16 or 2133.12 of the Revised   1,164        

Code;                                                              1,165        

      (bb)  TO HEAR AND DETERMINE APPLICATIONS FOR AN ORDER        1,167        

RELIEVING AN ESTATE FROM ADMINISTRATION UNDER SECTION 2113.03 OF   1,168        

THE REVISED CODE;                                                               

      (cc)  TO HEAR AND DETERMINE APPLICATIONS FOR AN ORDER        1,170        

GRANTING A SUMMARY RELEASE FROM ADMINISTRATION UNDER SECTION       1,171        

2113.031 OF THE REVISED CODE.                                                   

      (2)  In addition to the exclusive jurisdiction conferred     1,173        

upon the probate court by division (A)(1) of this section, the     1,174        

                                                          25     


                                                                 
probate court shall have exclusive jurisdiction over a particular  1,175        

subject matter if both of the following apply:                     1,176        

      (a)  Another section of the Revised Code expressly confers   1,178        

jurisdiction over that subject matter upon the probate court.      1,179        

      (b)  No section of the Revised Code expressly confers        1,181        

jurisdiction over that subject matter upon any other court or      1,182        

agency.                                                            1,183        

      (B)(1)  The probate court has concurrent jurisdiction with,  1,185        

and the same powers at law and in equity as, the general division  1,186        

of the court of common pleas to issue writs and orders, and to     1,187        

hear and determine actions as follows:                             1,188        

      (a)  If jurisdiction relative to a particular subject        1,190        

matter is stated to be concurrent in a section of the Revised      1,191        

Code or has been construed by judicial decision to be concurrent,  1,192        

any action that involves that subject matter;                      1,193        

      (b)  Any action that involves an inter vivos trust; a trust  1,195        

created pursuant to section 1339.51 of the Revised Code; a         1,196        

charitable trust or foundation; subject to divisions (A)(1)(u)     1,197        

and (z) of this section, a power of attorney, including, but not   1,198        

limited to, a durable power of attorney; the medical treatment of  1,199        

a competent adult; or a writ of habeas corpus.                     1,200        

      (2)  Any action that involves a concurrent jurisdiction      1,202        

subject matter and that is before the probate court may be         1,203        

transferred by the probate court, on its order, to the general     1,204        

division of the court of common pleas.                             1,205        

      (C)  The probate court has plenary power at law and in       1,207        

equity to dispose fully of any matter that is properly before the  1,208        

court, unless the power is expressly otherwise limited or denied   1,209        

by a section of the Revised Code.                                  1,210        

      (D)  The jurisdiction acquired by a probate court over a     1,212        

matter or proceeding is exclusive of that of any other probate     1,213        

court, except when otherwise provided by law.                      1,214        

      Sec. 2106.10.  (A)  A surviving spouse may elect to          1,223        

receive, as part of the surviving spouse's share of an intestate   1,224        

                                                          26     


                                                                 
estate under section 2105.06 of the Revised Code and the           1,225        

allowance for support under section 2106.13 of the Revised Code,   1,226        

the entire interest of the decedent spouse in the mansion house.   1,227        

The interest of the decedent spouse in the mansion house shall be  1,228        

valued at the appraised value with the deduction of that portion   1,229        

of all liens on the mansion house existing at the time of death    1,230        

and attributable to the decedent's interest in the mansion house.  1,231        

      (B)  The election pursuant to division (A) of this section   1,233        

shall be made at or before the time a final account is rendered.   1,234        

      (C)  If the spouse makes an election pursuant to division    1,236        

(A) of this section, the administrator or executor shall file,     1,237        

unless the election is one made under division (D) of this         1,238        

section, an application for a certificate of transfer as provided  1,239        

for in section 2113.61 of the Revised Code.  The application also  1,240        

shall contain an inventory of the property and the allowance for   1,241        

support that the spouse is entitled to receive under sections      1,243        

2105.06 and 2106.13 of the Revised Code.  If the value of the      1,245        

property and the allowance for support that the spouse is          1,246        

entitled to receive is equal to or greater than the value of the   1,247        

decedent's interest in the mansion house, the court shall issue    1,248        

the certificate of transfer.                                       1,249        

      (D)  The surviving spouse may make an election pursuant to   1,251        

division (A) of this section in an estate relieved from            1,252        

administration under section 2113.03 of the Revised Code OR IN AN  1,253        

ESTATE THAT IS SUBJECT TO AN ORDER GRANTING A SUMMARY RELEASE      1,254        

FROM ADMINISTRATION UNDER SECTION 2113.031 OF THE REVISED CODE.    1,255        

The election shall be made at the time of or prior to the entry    1,256        

of the order relieving the estate from administration OR THE       1,257        

ORDER GRANTING A SUMMARY RELEASE FROM ADMINISTRATION.  Either the  1,258        

SURVIVING spouse or the applicant for the order relieving the      1,259        

estate from administration shall file the application for THE      1,260        

certificate of transfer under division (C) of this section.        1,261        

      (E)  If the surviving spouse dies prior to making an         1,263        

election pursuant to division (A) of this section, the surviving   1,264        

                                                          27     


                                                                 
spouse shall be conclusively presumed not to have made an          1,265        

election pursuant to that division.  After the surviving spouse's  1,266        

death, no other person is authorized to make an election pursuant  1,267        

to that division on behalf of the estate of the surviving spouse.  1,268        

      (F)  As used in this section, the mansion house includes     1,270        

the decedent's title in the parcel of land on which the house is   1,271        

situated and, at the option of the surviving spouse, the           1,272        

decedent's title in the household goods contained within the       1,273        

house and the lots or farm land FARMLAND adjacent to the house     1,274        

and used in conjunction with it as the home of the decedent.       1,276        

      Sec. 2106.13.  (A)  If a person dies leaving a surviving     1,285        

spouse and no minor children, leaving a surviving spouse and       1,286        

minor children, or leaving minor children and no surviving         1,287        

spouse, the surviving spouse, minor children, or both shall be     1,288        

entitled to receive, subject to division (B) of this section, in   1,289        

money or property the sum of forty thousand dollars as an          1,291        

allowance for support.  If the surviving spouse selected two                    

automobiles under section 2106.18 of the Revised Code, the         1,292        

allowance for support prescribed by this section shall be reduced  1,294        

by the appraised value of the automobile having the lower          1,296        

appraised value of the two automobiles so selected.  The money or  1,297        

property set off as an allowance for support shall be considered   1,298        

estate assets.                                                                  

      (B)  The probate court shall order the distribution of the   1,300        

allowance for support described in division (A) of this section    1,301        

as follows:                                                        1,302        

      (1)  If the person died leaving a surviving spouse and no    1,304        

minor children, one hundred per cent to the surviving spouse;      1,305        

      (2)  If the person died leaving a surviving spouse and       1,307        

minor children, and if all of the minor children are the children  1,308        

of the surviving spouse, one hundred per cent to the surviving     1,309        

spouse;                                                            1,310        

      (3)  If the person died leaving a surviving spouse and       1,312        

minor children, and if not all of the minor children are children  1,313        

                                                          28     


                                                                 
of the surviving spouse, in equitable shares, as fixed by the      1,314        

probate court in accordance with this division, to the surviving   1,315        

spouse and the minor children who are not the children of the      1,316        

surviving spouse.  In determining equitable shares under this      1,317        

division, the probate court shall do all of the following:         1,318        

      (a)  Consider the respective needs of the surviving spouse,  1,320        

the minor children who are children of the surviving spouse, and   1,321        

the minor children who are not children of the surviving spouse;   1,322        

      (b)  Allocate to the surviving spouse, the share that is     1,324        

equitable in light of the needs of the surviving spouse and the    1,325        

minor children who are children of the surviving spouse;           1,326        

      (c)  Allocate to the minor children who are not children of  1,328        

the surviving spouse, the share that is equitable in light of the  1,329        

needs of those minor children.                                     1,330        

      (4)  If the person died leaving minor children and no        1,332        

surviving spouse, in equitable shares, as fixed by the probate     1,333        

court in accordance with this division, to the minor children. In  1,335        

determining equitable shares under this division, the probate                   

court shall consider the respective needs of the minor children    1,336        

and allocate to each minor child the share that is equitable in    1,337        

light of the child's needs.                                        1,338        

      (C)  If the surviving spouse selected two automobiles under  1,340        

section 2106.18 of the Revised Code, the probate court, in         1,342        

considering the respective needs of the surviving spouse and the   1,343        

minor children when allocating an allowance for support under      1,344        

division (B)(3) of this section, shall consider the benefit        1,345        

derived by the surviving spouse from the transfer of the                        

automobile having the lower appraised value of the two             1,346        

automobiles so selected.                                                        

      (D)  FOR THE PURPOSES OF THIS SECTION, THE VALUE OF AN       1,348        

AUTOMOBILE THAT A SURVIVING SPOUSE SELECTS PURSUANT TO SECTION     1,349        

2106.18 OF THE REVISED CODE IS THE VALUE THAT THE SURVIVING        1,350        

SPOUSE SPECIFIES FOR THE AUTOMOBILE IN THE AFFIDAVIT EXECUTED      1,351        

PURSUANT TO DIVISION (B) OF SECTION 4505.10 OF THE REVISED CODE.                

                                                          29     


                                                                 
      Sec. 2106.18.  (A)  Upon the death of a married resident     1,360        

who owned at least one automobile at the time of death, the        1,361        

interest of the deceased spouse in up to two automobiles that are  1,363        

not transferred to the surviving spouse due to joint ownership     1,364        

with right of survivorship established under section 2106.17 of    1,365        

the Revised Code, and that are not otherwise specifically          1,367        

disposed of by testamentary disposition, may be selected by the    1,368        

surviving spouse.  This interest shall immediately pass to the     1,370        

surviving spouse upon transfer of the title or titles in                        

accordance with section 4505.10 of the Revised Code.  The sum      1,373        

total of the appraised values of the automobiles selected by a     1,375        

surviving spouse under this division, AS SPECIFIED IN THE                       

AFFIDAVIT THAT THE SURVIVING SPOUSE EXECUTES PURSUANT TO DIVISION  1,376        

(B) OF SECTION 4505.10 OF THE REVISED CODE, shall not exceed       1,377        

forty thousand dollars.  Each automobile that passes to a          1,378        

surviving spouse under this division shall not be considered an    1,379        

estate asset and shall not be included and stated in the estate    1,380        

inventory.                                                                      

      (B)  The executor or administrator, with the approval of     1,382        

the probate court, may transfer title to an automobile owned by    1,383        

the decedent to any of the following:                              1,384        

      (1)  The surviving spouse, when the automobile is purchased  1,387        

by the surviving spouse pursuant to section 2106.16 of the         1,388        

Revised Code;                                                                   

      (2)  A distributee;                                          1,390        

      (3)  A purchaser.                                            1,392        

      (C)  The executor or administrator may transfer title to an  1,394        

automobile owned by the decedent without the approval of the       1,395        

probate court to any of the following:                             1,396        

      (1)  A legatee entitled to the automobile under the terms    1,399        

of the will;                                                                    

      (2)  A distributee if the distribution of the automobile is  1,402        

made without court order pursuant to section 2113.55 of the                     

Revised Code;                                                      1,403        

                                                          30     


                                                                 
      (3)  A purchaser if the sale of the automobile is made       1,405        

pursuant to section 2113.39 of the Revised Code.                   1,406        

      (D)  As used in division (A) of this section, "automobile"   1,408        

includes a truck if the deceased spouse did not own an automobile  1,410        

and if the truck was used as a method of conveyance by the         1,411        

deceased spouse or his THE DECEASED SPOUSE'S family when the                    

deceased spouse was alive.                                         1,413        

      Sec. 2107.501.  (A)  A specific devisee or legatee has the   1,422        

right of the remaining specifically devised or bequeathed          1,423        

property, and:                                                     1,424        

      (1)  Any balance on the purchase price, together with any    1,426        

security interest owing from a purchaser to the testator at death  1,427        

by reason of sale of the property;                                 1,428        

      (2)  Any amount of condemnation award unpaid at death for    1,430        

the taking of the property;                                        1,431        

      (3)  Any proceeds unpaid at death on fire or casualty        1,433        

insurance on the property;                                         1,434        

      (4)  Property owned by the testator at his death as a        1,436        

result of foreclosure, or obtained in lieu of foreclosure, of the  1,437        

security for a specifically devised or bequeathed obligation.      1,438        

      (B)  If specifically devised or bequeathed property is sold  1,440        

by a guardian, BY AN AGENT ACTING WITHIN THE AUTHORITY OF A POWER  1,441        

OF ATTORNEY, OR BY AN AGENT ACTING WITHIN THE AUTHORITY OF A       1,442        

DURABLE POWER OF ATTORNEY, or if a condemnation award or           1,443        

insurance proceeds are paid to a guardian, TO AN AGENT ACTING      1,444        

WITHIN THE AUTHORITY OF A POWER OF ATTORNEY, OR TO AN AGENT        1,445        

ACTING WITHIN THE AUTHORITY OF A DURABLE POWER OF ATTORNEY as a    1,446        

result of condemnation, fire, or casualty to the property, the     1,447        

specific devisee or legatee has the right to a general pecuniary   1,448        

devise or bequest equal to the net proceeds of sale, the           1,449        

condemnation award, or the insurance proceeds, and such a devise   1,450        

or bequest shall be treated as property subject to section         1,451        

2107.54 of the Revised Code.  This section does not apply if       1,452        

subsequent to the sale, condemnation, FIRE, or casualty, it is     1,453        

                                                          31     


                                                                 
adjudicated that the disability of the testator has ceased and     1,454        

the testator survives the adjudication by one year.  The right of  1,455        

the specific devisee or legatee is reduced by any right he THE     1,456        

SPECIFIC DEVISEE OR LEGATEE has under division (A) of this         1,457        

section.                                                                        

      Sec. 2113.03.  (A)  Subject to division (D) of this          1,466        

section, an estate may be released from administration under       1,467        

division (B) of this section if either of the following applies:   1,468        

      (1)  The value of the assets of the estate is thirty-five    1,470        

thousand dollars or less.                                          1,471        

      (2)  The value of the assets of the estate is one hundred    1,474        

thousand dollars or less and either of the following applies:      1,475        

      (a)  The decedent devised and bequeathed in a valid will     1,477        

all of the assets of the decedent's estate to a person who is      1,479        

named in the will as the decedent's spouse, and the decedent is    1,480        

survived by that person.                                           1,481        

      (b)  The decedent is survived by a spouse whose marriage to  1,483        

the decedent was solemnized in a manner consistent with Chapter    1,484        

3101. of the Revised Code or with a similar law of another state   1,485        

or nation, the decedent died without a valid will, and the         1,486        

decedent's surviving spouse is entitled to receive all of the      1,487        

assets of the decedent's estate under section 2105.06 of the       1,488        

Revised Code or by the operation of that section and division      1,490        

(B)(1) or (2) of section 2106.13 of the Revised Code.              1,491        

      (B)  Upon the application of any interested party, after     1,493        

notice of the filing of the application has been given to the      1,494        

surviving spouse and heirs at law in the manner and for the        1,495        

length of time the probate court directs, and after notice to all  1,496        

interested parties by publication in a newspaper of general        1,497        

circulation in the county, unless the notices are waived or found  1,498        

unnecessary, the court, when satisfied that division (A)(1) or     1,499        

(2) of this section is satisfied, may enter an order relieving     1,500        

the estate from administration and directing delivery of personal  1,501        

property and transfer of real estate to the persons entitled to    1,502        

                                                          32     


                                                                 
the personal property or real estate.                              1,503        

      For the purposes of this section, the value of an estate     1,506        

that reasonably can be considered to be in an amount specified in               

division (A)(1) or (2) of this section and that is not composed    1,507        

entirely of money, stocks, bonds, or other property the value of   1,508        

which is readily ascertainable, shall be determined by an          1,509        

appraiser selected by the applicant, subject to the approval of    1,510        

the court.  The appraiser's valuation of the property shall be     1,511        

reported to the court in the application to relieve the estate     1,512        

from administration.  The appraiser shall be paid in accordance    1,513        

with section 2115.06 of the Revised Code.                          1,514        

      For the purposes of this section, the amount of property to  1,518        

be delivered or transferred to the surviving spouse, minor                      

children, or both, of the decedent as the allowance for support    1,519        

shall be established in accordance with section 2106.13 of the     1,520        

Revised Code.                                                      1,521        

      When a delivery, sale, or transfer of personal property has  1,523        

been ordered from an estate that has been relieved from            1,524        

administration, the court may appoint a commissioner to execute    1,525        

all necessary instruments of conveyance.  The commissioner shall   1,526        

receipt for the property, distribute the proceeds of the           1,527        

conveyance upon court order, and report to the court after         1,528        

distribution.                                                      1,529        

      When the decedent died testate, the will shall be presented  1,531        

for probate, and, if admitted to probate, the court may relieve    1,532        

the estate from administration and order distribution of the       1,533        

estate under the will.                                             1,534        

      An order of the court relieving an estate from               1,536        

administration shall have the same effect as administration        1,537        

proceedings in freeing land in the hands of an innocent purchaser  1,538        

for value from possible claims of unsecured creditors.             1,539        

      (C)  Any delivery of personal property or transfer of real   1,541        

estate pursuant to an order relieving an estate from               1,542        

administration is made subject to the limitations pertaining to    1,543        

                                                          33     


                                                                 
the claims of creditors set forth in divisions (B) and (C) of      1,544        

section 2117.06 of the Revised Code.                               1,545        

      (D)  The release of an estate from administration under      1,547        

this section does not affect any duty of any person to file an     1,548        

estate tax return and certificate under division (A) of section    1,549        

5731.21 of the Revised Code and does not affect the duties of a    1,550        

probate court set forth in that division.                          1,551        

      (E)  THIS SECTION DOES NOT AFFECT THE ABILITY OF QUALIFIED   1,553        

PERSONS TO FILE AN APPLICATION FOR A SUMMARY RELEASE FROM          1,554        

ADMINISTRATION UNDER SECTION 2113.031 OF THE REVISED CODE OR TO    1,555        

FILE AN APPLICATION FOR THE GRANT OF LETTERS TESTAMENTARY OR       1,556        

LETTERS OF ADMINISTRATION.                                         1,557        

      Sec. 2113.031.  (A)  AS USED IN THIS SECTION:                1,559        

      (1)  "FINANCIAL INSTITUTION" HAS THE SAME MEANING AS IN      1,561        

SECTION 5725.01 OF THE REVISED CODE.  "FINANCIAL INSTITUTION"      1,563        

ALSO INCLUDES A CREDIT UNION AND A FIDUCIARY THAT IS NOT A TRUST   1,564        

COMPANY BUT THAT DOES TRUST BUSINESS.                              1,565        

      (2)  "FUNERAL AND BURIAL EXPENSES" MEANS WHICHEVER OF THE    1,567        

FOLLOWING APPLIES:                                                 1,568        

      (a)  THE FUNERAL AND BURIAL EXPENSES OF THE DECEDENT THAT    1,571        

ARE INCLUDED IN THE BILL OF A FUNERAL DIRECTOR;                    1,572        

      (b)  THE FUNERAL EXPENSES OF THE DECEDENT THAT ARE NOT       1,575        

INCLUDED IN THE BILL OF A FUNERAL DIRECTOR AND THAT HAVE BEEN      1,576        

APPROVED BY THE PROBATE COURT;                                                  

      (c)  THE FUNERAL AND BURIAL EXPENSES OF THE DECEDENT THAT    1,579        

ARE DESCRIBED IN DIVISIONS (A)(2)(a) AND (b) OF THIS SECTION.      1,580        

      (3)  "SURVIVING SPOUSE" MEANS EITHER OF THE FOLLOWING:       1,583        

      (a)  THE SURVIVING SPOUSE OF A DECEDENT WHO DIED LEAVING     1,586        

THE SURVIVING SPOUSE AND NO MINOR CHILDREN;                        1,587        

      (b)  THE SURVIVING SPOUSE OF A DECEDENT WHO DIED LEAVING     1,590        

THE SURVIVING SPOUSE AND MINOR CHILDREN, ALL OF WHOM ARE CHILDREN  1,591        

OF THE DECEDENT AND THE SURVIVING SPOUSE.                                       

      (B)(1)  IF THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE  1,594        

DOES NOT EXCEED THE LESSER OF TWO THOUSAND DOLLARS OR THE AMOUNT   1,595        

                                                          34     


                                                                 
OF THE DECEDENT'S FUNERAL AND BURIAL EXPENSES, ANY PERSON WHO IS   1,596        

NOT A SURVIVING SPOUSE AND WHO HAS PAID OR IS OBLIGATED IN         1,597        

WRITING TO PAY THE DECEDENT'S FUNERAL AND BURIAL EXPENSES MAY      1,598        

APPLY TO THE PROBATE COURT FOR AN ORDER GRANTING A SUMMARY         1,599        

RELEASE FROM ADMINISTRATION IN ACCORDANCE WITH THIS SECTION.       1,600        

      (2)  IF EITHER OF THE FOLLOWING APPLIES, THE DECEDENT'S      1,602        

SURVIVING SPOUSE MAY APPLY TO THE PROBATE COURT FOR AN ORDER       1,603        

GRANTING A SUMMARY RELEASE FROM ADMINISTRATION IN ACCORDANCE WITH  1,605        

THIS SECTION:                                                                   

      (a)  THE DECEDENT'S FUNERAL AND BURIAL EXPENSES HAVE BEEN    1,608        

PREPAID, AND THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE      1,609        

DOES NOT EXCEED THE TOTAL OF THE FOLLOWING ITEMS:                  1,610        

      (i)  THE ALLOWANCE FOR SUPPORT THAT IS MADE UNDER DIVISION   1,613        

(A) OF SECTION 2106.13 OF THE REVISED CODE TO THE SURVIVING        1,615        

SPOUSE AND, IF APPLICABLE, TO THE DECEDENT'S MINOR CHILDREN AND    1,616        

THAT IS DISTRIBUTABLE IN ACCORDANCE WITH DIVISION (B)(1) OR (2)    1,618        

OF THAT SECTION;                                                                

      (ii)  AN AMOUNT, NOT EXCEEDING TWO THOUSAND DOLLARS, FOR     1,621        

THE DECEDENT'S FUNERAL AND BURIAL EXPENSES REFERRED TO IN          1,622        

DIVISION (A)(2)(c) OF THIS SECTION.                                1,623        

      (b)  THE DECEDENT'S FUNERAL AND BURIAL EXPENSES HAVE NOT     1,626        

BEEN PREPAID, THE DECEDENT'S SURVIVING SPOUSE HAS PAID OR IS       1,627        

OBLIGATED IN WRITING TO PAY THE DECEDENT'S FUNERAL AND BURIAL      1,628        

EXPENSES, AND THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE     1,629        

DOES NOT EXCEED THE TOTAL OF THE ITEMS REFERRED TO IN DIVISIONS    1,630        

(B)(2)(a)(i) AND (ii) OF THIS SECTION.                             1,631        

      (C)  A PROBATE COURT SHALL ORDER A SUMMARY RELEASE FROM      1,634        

ADMINISTRATION IN CONNECTION WITH A DECEDENT'S ESTATE ONLY IF THE  1,635        

COURT FINDS THAT ALL OF THE FOLLOWING ARE SATISFIED:               1,636        

      (1)  A PERSON DESCRIBED IN DIVISION (B)(1) OF THIS SECTION   1,639        

IS THE APPLICANT FOR A SUMMARY RELEASE FROM ADMINISTRATION, AND    1,641        

THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE DOES NOT EXCEED   1,642        

THE LESSER OF TWO THOUSAND DOLLARS OR THE AMOUNT OF THE            1,643        

DECEDENT'S FUNERAL AND BURIAL EXPENSES, OR THE APPLICANT FOR A     1,644        

                                                          35     


                                                                 
SUMMARY RELEASE FROM ADMINISTRATION IS THE DECEDENT'S SURVIVING    1,645        

SPOUSE, AND THE CIRCUMSTANCES DESCRIBED IN DIVISION (B)(2)(a) OR   1,646        

(b) OF THIS SECTION APPLY.                                         1,647        

      (2)  THE APPLICATION FOR A SUMMARY RELEASE FROM              1,649        

ADMINISTRATION DOES ALL OF THE FOLLOWING:                          1,650        

      (a)  DESCRIBES ALL ASSETS OF THE DECEDENT'S ESTATE THAT ARE  1,653        

KNOWN TO THE APPLICANT;                                            1,654        

      (b)  IS IN THE FORM THAT THE SUPREME COURT PRESCRIBES        1,657        

PURSUANT TO ITS POWERS OF SUPERINTENDENCE UNDER SECTION 5 OF       1,658        

ARTICLE IV, OHIO CONSTITUTION, AND IS CONSISTENT WITH THE          1,660        

REQUIREMENTS OF THIS DIVISION;                                                  

      (c)  HAS BEEN SIGNED AND ACKNOWLEDGED BY THE APPLICANT IN    1,663        

THE PRESENCE OF A NOTARY PUBLIC OR A DEPUTY CLERK OF THE PROBATE   1,664        

COURT;                                                                          

      (d)  SETS FORTH THE FOLLOWING INFORMATION IF THE DECEDENT'S  1,667        

ESTATE INCLUDES A DESCRIBED TYPE OF ASSET:                         1,668        

      (i)  IF THE DECEDENT'S ESTATE INCLUDES A MOTOR VEHICLE, THE  1,671        

MOTOR VEHICLE'S YEAR, MAKE, MODEL, BODY TYPE, MANUFACTURER'S       1,672        

VEHICLE IDENTIFICATION NUMBER, CERTIFICATE OF TITLE NUMBER, AND    1,673        

DATE OF DEATH VALUE;                                                            

      (ii)  IF THE DECEDENT'S ESTATE INCLUDES AN ACCOUNT           1,676        

MAINTAINED BY A FINANCIAL INSTITUTION, THAT INSTITUTION'S NAME     1,677        

AND THE ACCOUNT'S COMPLETE IDENTIFYING NUMBER AND DATE OF DEATH    1,678        

BALANCE;                                                                        

      (iii)  IF THE DECEDENT'S ESTATE INCLUDES ONE OR MORE SHARES  1,681        

OF STOCK OR BONDS, THE TOTAL NUMBER OF THE SHARES AND BONDS AND    1,682        

THEIR TOTAL DATE OF DEATH VALUE AND, FOR EACH SHARE OR BOND, ITS   1,683        

SERIAL NUMBER, THE NAME OF ITS ISSUER, ITS DATE OF DEATH VALUE,    1,684        

AND, IF ANY, THE NAME AND ADDRESS OF ITS TRANSFER AGENT.           1,685        

      (3)  THE APPLICATION FOR A SUMMARY RELEASE FROM              1,687        

ADMINISTRATION IS ACCOMPANIED BY ALL OF THE FOLLOWING THAT APPLY:  1,688        

      (a)  A RECEIPT, CONTRACT, OR OTHER DOCUMENT THAT CONFIRMS    1,691        

THE APPLICANT'S PAYMENT OR OBLIGATION TO PAY THE DECEDENT'S        1,692        

FUNERAL AND BURIAL EXPENSES OR, IF APPLICABLE IN THE CASE OF THE   1,693        

                                                          36     


                                                                 
DECEDENT'S SURVIVING SPOUSE, THE PREPAYMENT OF THE DECEDENT'S      1,694        

FUNERAL AND BURIAL EXPENSES;                                                    

      (b)  AN APPLICATION FOR A CERTIFICATE OF TRANSFER AS         1,697        

DESCRIBED IN SECTION 2113.61 OF THE REVISED CODE, IF AN INTEREST   1,698        

IN REAL PROPERTY IS INCLUDED IN THE ASSETS OF THE DECEDENT'S       1,699        

ESTATE;                                                            1,700        

      (c)  THE FEE REQUIRED BY DIVISION (A)(59) OF SECTION         1,703        

2101.16 OF THE REVISED CODE.                                       1,704        

      (4)  AT THE TIME OF ITS DETERMINATION ON THE APPLICATION,    1,706        

THERE ARE NO PENDING PROCEEDINGS FOR THE ADMINISTRATION OF THE     1,708        

DECEDENT'S ESTATE AND NO PENDING PROCEEDINGS FOR RELIEF OF THE     1,709        

DECEDENT'S ESTATE FROM ADMINISTRATION UNDER SECTION 2113.03 OF     1,710        

THE REVISED CODE.                                                  1,711        

      (5)  AT THE TIME OF ITS DETERMINATION ON THE APPLICATION,    1,714        

THERE ARE NO KNOWN ASSETS OF THE DECEDENT'S ESTATE OTHER THAN THE  1,715        

ASSETS DESCRIBED IN THE APPLICATION.                                            

      (D)  IF THE PROBATE COURT DETERMINES THAT THE REQUIREMENTS   1,718        

OF DIVISION (C) OF THIS SECTION ARE SATISFIED, THE PROBATE COURT   1,720        

SHALL ISSUE AN ORDER THAT GRANTS A SUMMARY RELEASE FROM            1,721        

ADMINISTRATION IN CONNECTION WITH THE DECEDENT'S ESTATE.  THE      1,722        

ORDER HAS, AND SHALL SPECIFY THAT IT HAS, ALL OF THE FOLLOWING     1,723        

EFFECTS:                                                                        

      (1)  IT RELIEVES THE DECEDENT'S ESTATE FROM ADMINISTRATION.  1,726        

      (2)  IT DIRECTS THE DELIVERY TO THE APPLICANT OF THE         1,728        

DECEDENT'S PERSONAL PROPERTY TOGETHER WITH THE TITLE TO THAT       1,729        

PROPERTY.                                                          1,730        

      (3)  IT DIRECTS THE TRANSFER TO THE APPLICANT OF THE TITLE   1,732        

TO ANY INTERESTS IN REAL PROPERTY INCLUDED IN THE DECEDENT'S       1,733        

ESTATE.                                                            1,734        

      (4)  IT ELIMINATES THE DUTY OF ALL PERSONS TO FILE AN        1,736        

ESTATE TAX RETURN AND CERTIFICATE UNDER DIVISION (A) OF SECTION    1,738        

5731.21 OF THE REVISED CODE IN CONNECTION WITH THE DECEDENT'S      1,740        

ESTATE.                                                                         

      (5)  IT ELIMINATES THE NEED FOR A FINANCIAL INSTITUTION,     1,742        

                                                          37     


                                                                 
CORPORATION, OR OTHER ENTITY OR PERSON REFERRED TO IN ANY          1,743        

PROVISION OF DIVISIONS (A) TO (F) OF SECTION 5731.39 OF THE        1,746        

REVISED CODE TO OBTAIN, AS OTHERWISE WOULD BE REQUIRED BY ANY OF   1,747        

THOSE DIVISIONS, THE WRITTEN CONSENT OF THE TAX COMMISSIONER                    

PRIOR TO THE DELIVERY, TRANSFER, OR PAYMENT TO THE APPLICANT OF    1,748        

AN ASSET OF THE DECENDENT'S ESTATE.                                1,749        

      (E)  A CERTIFIED COPY OF AN ORDER THAT GRANTS A SUMMARY      1,752        

RELEASE FROM ADMINISTRATION TOGETHER WITH A CERTIFIED COPY OF THE  1,753        

APPLICATION FOR THAT ORDER CONSTITUTES SUFFICIENT AUTHORITY FOR A  1,754        

FINANCIAL INSTITUTION, CORPORATION, OR OTHER ENTITY OR PERSON      1,755        

REFERRED TO IN DIVISIONS (A) TO (F) OF SECTION 5731.39 OF THE      1,758        

REVISED CODE OR FOR A CLERK OF A COURT OF COMMON PLEAS TO          1,759        

TRANSFER TITLE TO AN ASSET OF THE DECEDENT'S ESTATE TO THE         1,760        

APPLICANT FOR THE SUMMARY RELEASE FROM ADMINISTRATION.             1,761        

      (F)  THIS SECTION DOES NOT AFFECT THE ABILITY OF QUALIFIED   1,764        

PERSONS TO FILE AN APPLICATION TO RELIEVE AN ESTATE FROM           1,765        

ADMINISTRATION UNDER SECTION 2113.03 OF THE REVISED CODE OR TO     1,767        

FILE AN APPLICATION FOR THE GRANT OF LETTERS TESTAMENTARY OR       1,768        

LETTERS OF ADMINISTRATION IN CONNECTION WITH THE DECEDENT'S        1,769        

ESTATE.                                                                         

      Sec. 2113.61.  (A)(1)  When real property passes by the      1,778        

laws of intestate succession or under a will, the administrator    1,779        

or executor shall file in probate court, prior to the filing of    1,780        

his THE ADMINISTRATOR'S OR EXECUTOR'S final account, an            1,781        

application requesting the court to issue a certificate of         1,782        

transfer as to the real property.  Real property sold by an        1,784        

executor or administrator or land registered under Chapters 5309.  1,785        

and 5310. of the Revised Code are IS excepted from the             1,786        

application requirement.  Cases in which an order has been made    1,787        

UNDER SECTION 2113.03 OF THE REVISED CODE relieving an estate                   

from administration and in which the order directing transfer of   1,789        

real property to the person entitled to it may be substituted for  1,790        

the certificate of transfer also are excepted from the             1,791        

application requirement.                                                        

                                                          38     


                                                                 
      (2)  IN ACCORDANCE WITH DIVISION (C)(3)(b) OF SECTION        1,794        

2113.031 OF THE REVISED CODE, AN APPLICATION FOR A CERTIFICATE OF  1,796        

TRANSFER OF AN INTEREST IN REAL PROPERTY INCLUDED IN THE ASSETS    1,797        

OF THE DECEDENT'S ESTATE SHALL ACCOMPANY AN APPLICATION FOR A      1,798        

SUMMARY RELEASE FROM ADMINISTRATION UNDER THAT SECTION.  THIS      1,799        

SECTION APPLIES TO THE APPLICATION FOR AND THE ISSUANCE OF THE     1,800        

REQUESTED CERTIFICATE OF TRANSFER EXCEPT TO THE EXTENT THAT THE    1,801        

PROBATE COURT DETERMINES THAT THE NATURE OF ANY OF THE PROVISIONS  1,802        

OF THIS SECTION IS INCONSISTENT WITH THE NATURE OF A GRANT OF A    1,803        

SUMMARY RELEASE FROM ADMINISTRATION.                               1,804        

      (B)  The SUBJECT TO DIVISION (A)(2) OF THIS SECTION, THE     1,807        

application for a certificate of transfer shall contain all of     1,808        

the following:                                                                  

      (1)  The name, place of residence at death, and date of      1,810        

death of the decedent;                                             1,811        

      (2)  A statement whether the decedent died testate or        1,813        

intestate;                                                         1,814        

      (3)  The fact and date of the filing and probate of the      1,816        

will, if applicable, and the fact and date of the appointment of   1,817        

the administrator or executor;                                     1,818        

      (4)  A description of each parcel of real property situated  1,820        

in this state that is owned by the decedent at the time of his     1,821        

death;                                                             1,822        

      (5)  Insofar as they can be ascertained, the names, ages,    1,824        

places of residence, and relationship to the decedent of the       1,825        

persons to whom each parcel of real property described in          1,826        

division (B)(4) of this section passed by descent or devise;       1,827        

      (6)  A statement that all the known debts of the decedent's  1,829        

estate have been paid or secured to be paid, or that sufficient    1,830        

other assets are in hand to complete the payment of those debts;   1,831        

      (7)  Other pertinent information that the court requires.    1,833        

      (C)  The SUBJECT TO DIVISION (A)(2) OF THIS SECTION, THE     1,836        

court shall issue a certificate of transfer for record in each     1,837        

county in this state in which real property so passing is          1,838        

                                                          39     


                                                                 
situated, that shall recite all of the following:                               

      (1)  The name and date of death of the decedent;             1,840        

      (2)  Whether the decedent died testate or intestate and, if  1,842        

testate, the volume and page of the record of the will;            1,843        

      (3)  The volume and page of the probate court record of the  1,845        

administration of the estate;                                      1,846        

      (4)  The names and places of residence of the devisees, the  1,848        

interests passing to them, the names and places of residence of    1,849        

the persons inheriting intestate, and the interests inherited by   1,850        

them, in each parcel of real property described in division        1,851        

(B)(4) of this section;                                            1,852        

      (5)  A description of each parcel of real property           1,854        

described in division (B)(4) of this section;                      1,855        

      (6)  Other information that in the opinion of the court      1,857        

should be included.                                                1,858        

      (D)  If an executor or administrator has failed to file an   1,860        

application for a certificate of transfer before being             1,861        

discharged, the application may be filed by an heir or devisee,    1,862        

or a successor in interest, in the probate court in which the      1,863        

testator's will was probated or, in the case of intestate          1,864        

estates, in the probate court in which administration was had.     1,865        

If no administration was had on an estate and if no                1,866        

administration is contemplated, EXCEPT IN THE CASE OF THE GRANT    1,867        

OF OR CONTEMPLATED APPLICATION FOR THE GRANT OF AN ORDER OF A      1,868        

SUMMARY RELEASE FROM ADMINISTRATION UNDER SECTION 2113.031 OF THE  1,869        

REVISED CODE, an application for a certificate of transfer may be  1,871        

filed by an heir or devisee, or a successor in interest, in the    1,872        

probate court of the county in which the decedent was a resident   1,873        

at the time of his death.                                                       

      A foreign executor or administrator, when no ancillary       1,875        

administration proceedings have been had or are being had in this  1,876        

state, may file in accordance with this section an application     1,877        

for a certificate of transfer in the probate court of any county   1,878        

of this state in which real property of the decedent is located.   1,879        

                                                          40     


                                                                 
      When a person who has entered into a written contract for    1,881        

the sale and conveyance of an interest in real property dies       1,882        

before its completion, the interest of the decedent in the         1,883        

contract and the record title to the real property described in    1,884        

the contract may be transferred to the persons, legatees,          1,885        

devisees, or heirs at law entitled to the interest of the          1,886        

decedent in the real property, in the same manner as provided in   1,887        

this section and sections 2113.62 and 2113.63 of the Revised Code  1,888        

for the transfer of real property.  The application for the        1,889        

certificate of transfer and the certificate itself also shall      1,890        

recite that the real property described in the application or      1,891        

certificate is subject to a written contract for its sale and      1,892        

conveyance.                                                        1,893        

      Sec. 2131.10.  A natural person, adult or minor, referred    1,902        

to in sections 2131.10 and 2131.11 of the Revised Code as the      1,903        

owner, may enter into a written contract with any bank, building   1,904        

and loan or savings and loan association, credit union, or         1,905        

society for savings, authorized to receive money on an investment  1,906        

share certificate, share account, deposit, or stock deposit, and   1,907        

transacting business in this state, whereby the proceeds of the    1,908        

owner's investment share certificate, share account, deposit, or   1,909        

stock deposit may be made payable on the death of the owner to     1,910        

another natural person or to any entity or organization, referred  1,911        

to in such sections as the beneficiary, notwithstanding any        1,912        

provisions to the contrary in Chapter 2107. of the Revised Code.   1,913        

In creating such accounts, "payable on death" or "payable on the   1,914        

death of" may be abbreviated to "P.O.D."                           1,915        

      Every contract of an investment share certificate, share     1,917        

account, deposit, or stock deposit authorized by this section      1,918        

shall be deemed to contain a right on the part of the owner        1,919        

during his THE OWNER'S lifetime both to withdraw the proceeds of   1,920        

such investment share certificate, share account, deposit, or      1,922        

stock deposit, in whole or in part, as though no beneficiary has   1,923        

been named, and to designate a change in beneficiary.  The         1,924        

                                                          41     


                                                                 
interest of the beneficiary shall be deemed not to vest until the  1,925        

death of the owner.                                                1,926        

      No change in the designation of the beneficiary shall be     1,928        

valid unless executed in the form and manner prescribed by the     1,929        

bank, building and loan or savings and loan association, credit    1,930        

union, or society for savings.                                     1,931        

      Sec. 5111.11.  (A)  As used in this section, "estate" means  1,940        

all property to be administered under Title XXI of the Revised     1,942        

Code and property that would be administered under that title if   1,943        

not for section 2113.03 OR 2113.031 of the Revised Code.           1,944        

      (B)  For the purpose of recovering the cost of services      1,947        

correctly paid under the medical assistance program to a                        

recipient age fifty-five or older, the department of human         1,948        

services shall institute an estate recovery program against the    1,949        

property and estates of medical assistance recipients to recover   1,951        

medical assistance correctly paid on their behalf to the extent                 

that federal law and regulations permit the implementation of      1,952        

such a program OF THAT NATURE.  The department shall seek to       1,954        

recover medical assistance correctly paid only after the           1,955        

recipient and the recipient's surviving spouse, if any, have died  1,957        

and only at a time when the recipient has no surviving child who   1,958        

is under age twenty-one or blind or permanently and totally        1,959        

disabled.                                                                       

      The department may enter into a contract with any person     1,961        

under which the person administers the estate recovery program on  1,962        

behalf of the department or performs any of the functions          1,964        

required to carry out the program.  The contract may provide for   1,965        

the person to be compensated from the property recovered from the  1,966        

estates of medical assistance recipients or may provide for such   1,967        

other ANOTHER manner of compensation as is agreed to by the        1,969        

person and the department.  Regardless of whether it is            1,970        

administered by the department or a person under contract with     1,971        

the department, the program shall be administered in accordance    1,972        

with applicable requirements of federal law and regulations and    1,973        

                                                          42     


                                                                 
state law and rules.                                                            

      (C)  The department may waive seeking recovery of medical    1,976        

assistance correctly paid if the director of human services        1,977        

determines that recovery would work an undue hardship.  The        1,978        

director, in accordance with Chapter 119. of the Revised Code,     1,979        

shall adopt rules establishing procedures for waiver of recovery   1,980        

due to an undue hardship, which shall meet the standards           1,981        

specified by the United States secretary of health and human       1,983        

services under 42 U.S.C. 1396p(b)(3), as amended.                  1,985        

      (D)  Any action that may be taken by the department under    1,988        

section 5111.111 of the Revised Code may be taken by a person      1,990        

administering the program, or performing actions specified in      1,991        

that section, pursuant to a contract with the department.                       

      Sec. 5302.01.  The forms set forth in sections, 5302.05,     2,000        

5302.07, 5302.09, 5302.11, 5302.12, 5302.14, and 5302.17, AND      2,002        

5302.22 of the Revised Code may be used and shall be sufficient    2,003        

for their respective purposes.  They shall be known as "Statutory  2,004        

Forms" and may be referred to as such.  They may be altered as                  

circumstances require, and the authorization of such forms shall   2,005        

not prevent the use of other forms.  Wherever the phrases defined  2,006        

in sections 5302.06, 5302.08, 5302.10, and 5302.13 of the Revised  2,007        

Code are to be incorporated in instruments by reference, the       2,008        

method of incorporation as indicated in the statutory forms shall  2,009        

be sufficient, but shall not preclude other methods.                            

      Sec. 5302.02.  The rules and definitions contained in        2,018        

sections 5302.03, 5302.04, 5302.06, 5302.08, 5302.10, 5302.13,     2,019        

5302.17, 5302.18, 5302.19, 5302.20, and 5302.21, AND 5302.22 of    2,020        

the Revised Code apply to all deeds or other instruments relating  2,021        

to real estate, whether the statutory forms or other forms are     2,022        

used, where the instruments are executed on or after October 1,    2,023        

1965, OR, IN RELATION TO THE RULES AND DEFINITIONS CONTAINED IN    2,024        

SECTION 5302.22 OF THE REVISED CODE, ON OR AFTER THE EFFECTIVE                  

DATE OF THIS AMENDMENT.                                            2,025        

      Sec. 5302.22.  (A)  A DEED CONVEYING ANY INTEREST IN REAL    2,027        

                                                          43     


                                                                 
PROPERTY, AND IN SUBSTANCE FOLLOWING THE FORM SET FORTH IN THIS    2,028        

DIVISION, WHEN DULY EXECUTED IN ACCORDANCE WITH CHAPTER 5301. OF   2,029        

THE REVISED CODE AND RECORDED IN THE OFFICE OF THE COUNTY          2,030        

RECORDER, CREATES A PRESENT INTEREST AS SOLE OWNER, TENANT IN      2,031        

COMMON, OR SURVIVORSHIP TENANT IN THE GRANTEE, AND A TRANSFER ON   2,032        

DEATH INTEREST IN THE BENEFICIARY OR BENEFICIARIES, AND UPON THE   2,034        

DEATH OF THE GRANTEE, OR THE LAST TO DIE OF ALL SURVIVORSHIP       2,035        

TENANT GRANTEES, VESTS THE INTEREST OF THE DECEDENT IN THE         2,036        

BENEFICIARY OR BENEFICIARIES.  THE DEED DESCRIBED IN THIS          2,037        

DIVISION SHALL IN SUBSTANCE CONFORM TO THE FOLLOWING FORM:                      

                     "TRANSFER ON DEATH DEED                       2,038        

      .................... (MARITAL STATUS), OF .................  2,040        

COUNTY, .................... (FOR VALUABLE CONSIDERATION PAID, IF  2,041        

ANY), GRANT(S) (WITH COVENANTS, IF ANY), TO ....................   2,042        

WHOSE TAX MAILING ADDRESS IS ...................., TRANSFER ON     2,043        

DEATH TO ...................., BENEFICIARY(S), THE FOLLOWING REAL  2,044        

PROPERTY:                                                                       

      (DESCRIPTION OF LAND OR INTEREST IN LAND AND ENCUMBRANCES,   2,046        

RESERVATIONS, AND EXCEPTIONS, IF ANY.)                             2,047        

      PRIOR INSTRUMENT REFERENCE:  ..............................  2,049        

...................., WIFE (HUSBAND) OF THE GRANTOR, RELEASES ALL  2,051        

RIGHTS OF DOWER THEREIN.                                           2,052        

      WITNESS .................... HAND THIS ....................  2,054        

DAY OF ...................."                                       2,055        

      (EXECUTION IN ACCORDANCE WITH CHAPTER 5301. OF THE REVISED   2,057        

CODE)                                                                           

      (B)  ANY PERSON WHO, UNDER THE REVISED CODE OR THE COMMON    2,060        

LAW OF THIS STATE, OWNS REAL PROPERTY OR ANY INTEREST IN REAL      2,061        

PROPERTY AS A SOLE OWNER, A TENANT IN COMMON, A SURVIVORSHIP       2,062        

TENANT, OR A JOINT TENANT WITH A RIGHT OF SURVIVORSHIP MAY CREATE  2,063        

AN INTEREST IN THE REAL PROPERTY TRANSFERABLE ON DEATH BY          2,064        

EXECUTING AND RECORDING A DEED AS PROVIDED IN THIS SECTION         2,065        

CONVEYING THE PERSON'S ENTIRE, SEPARATE INTEREST IN THE REAL       2,066        

PROPERTY TO ONE OR MORE INDIVIDUALS, INCLUDING THE GRANTOR, AND    2,067        

                                                          44     


                                                                 
DESIGNATING ONE OR MORE OTHER PERSONS, IDENTIFIED IN THE DEED BY   2,068        

NAME, AS TRANSFER ON DEATH BENEFICIARIES.                          2,069        

      A DEED CONVEYING AN INTEREST IN REAL PROPERTY THAT INCLUDES  2,071        

A TRANSFER ON DEATH BENEFICIARY DESIGNATION NEED NOT BE SUPPORTED  2,072        

BY CONSIDERATION AND NEED NOT BE DELIVERED TO THE TRANSFER ON      2,073        

DEATH BENEFICIARY TO BE EFFECTIVE.                                 2,074        

      (C)  UPON THE DEATH OF ANY INDIVIDUAL WHO OWNS REAL          2,076        

PROPERTY OR AN INTEREST IN REAL PROPERTY THAT IS SUBJECT TO A      2,077        

TRANSFER ON DEATH BENEFICIARY DESIGNATION MADE UNDER A TRANSFER    2,078        

ON DEATH DEED AS PROVIDED IN THIS SECTION, OR UPON THE DEATH OF    2,079        

THE LAST TO DIE OF ALL SURVIVORSHIP TENANTS WHO OWN PROPERTY OF    2,080        

THAT NATURE, THE DECEASED OWNER'S INTEREST SHALL BE TRANSFERRED    2,081        

ONLY TO THE TRANSFER ON DEATH BENEFICIARIES WHO ARE IDENTIFIED IN  2,082        

THE DEED BY NAME AND WHO ARE LIVING OR IN EXISTENCE ON THE DATE    2,083        

OF DEATH OF THE DECEASED OWNER.  THE TRANSFER OF THE DECEASED      2,084        

OWNER'S INTEREST SHALL BE RECORDED BY PRESENTING TO THE COUNTY     2,085        

AUDITOR AND FILING WITH THE COUNTY RECORDER AN AFFIDAVIT,          2,086        

ACCOMPANIED BY A CERTIFIED COPY OF A DEATH CERTIFICATE FOR THE     2,087        

DECEASED OWNER.  THE AFFIDAVIT SHALL RECITE THE NAME AND ADDRESS   2,088        

OF EACH DESIGNATED TRANSFER ON DEATH BENEFICIARY WHO IS LIVING OR  2,089        

IN EXISTENCE ON THE DATE OF THE DECEASED OWNER'S DEATH, THE DATE   2,090        

OF THE DECEASED OWNER'S DEATH, A DESCRIPTION OF THE SUBJECT REAL   2,091        

PROPERTY OR INTEREST IN REAL PROPERTY, AND THE NAMES OF EACH       2,092        

DESIGNATED TRANSFER ON DEATH BENEFICIARY WHO IS NOT LIVING OR IN   2,093        

EXISTENCE ON THE DATE OF THE DECEASED OWNER'S DEATH.  THE          2,094        

AFFIDAVIT SHALL BE ACCOMPANIED BY A CERTIFIED COPY OF A DEATH      2,095        

CERTIFICATE FOR EACH DESIGNATED TRANSFER ON DEATH BENEFICIARY WHO  2,096        

IS NOT LIVING ON THE DATE OF THE DECEASED OWNER'S DEATH.  THE      2,097        

COUNTY RECORDER SHALL MAKE AN INDEX REFERENCE TO ANY AFFIDAVIT SO  2,098        

FILED IN THE RECORD OF DEEDS.                                      2,099        

      UPON THE DEATH OF ANY INDIVIDUAL HOLDING REAL PROPERTY OR    2,101        

AN INTEREST IN REAL PROPERTY THAT IS SUBJECT TO A TRANSFER ON      2,102        

DEATH BENEFICIARY DESIGNATION MADE UNDER A TRANSFER ON DEATH DEED  2,103        

AS PROVIDED IN THIS SECTION, IF THE TITLE TO THE REAL PROPERTY IS  2,104        

                                                          45     


                                                                 
REGISTERED PURSUANT TO CHAPTER 5309. OF THE REVISED CODE, THE      2,105        

PROCEDURE FOR THE TRANSFER OF THE INTEREST OF THE DECEASED OWNER   2,106        

SHALL BE PURSUANT TO SECTION 5309.081 OF THE REVISED CODE.         2,107        

      Sec. 5302.23.  (A)  ANY DEED CONTAINING LANGUAGE THAT SHOWS  2,109        

A CLEAR INTENT TO DESIGNATE A TRANSFER ON DEATH BENEFICIARY SHALL  2,110        

BE LIBERALLY CONSTRUED TO DO SO.                                   2,111        

      (B)  REAL PROPERTY OR AN INTEREST IN REAL PROPERTY THAT IS   2,113        

SUBJECT TO A TRANSFER ON DEATH BENEFICIARY DESIGNATION AS          2,114        

PROVIDED IN SECTION 5302.22 OF THE REVISED CODE OR AS DESCRIBED    2,115        

IN DIVISION (A) OF THIS SECTION HAS ALL OF THE FOLLOWING           2,116        

CHARACTERISTICS AND RAMIFICATIONS:                                 2,117        

      (1)  A TRANSFER ON DEATH DEED MAY CONTAIN A DESIGNATION OF   2,119        

ONE OR MORE PERSONS AS CONTINGENT TRANSFER ON DEATH                2,120        

BENEFICIARIES, WHO SHALL TAKE THE INTEREST OF THE DECEASED OWNER   2,121        

IF A NAMED DESIGNATED TRANSFER ON DEATH BENEFICIARY IS NOT LIVING  2,122        

OR IN EXISTENCE ON THE DATE OF DEATH OF THE DECEASED OWNER.        2,123        

PERSONS DESIGNATED AS CONTINGENT TRANSFER ON DEATH BENEFICIARIES   2,124        

SHALL BE IDENTIFIED IN THE DEED BY NAME.                           2,125        

      (2)  AN INTEREST OF A DECEASED OWNER MAY BE TRANSFERRED      2,127        

ONLY TO TRANSFER ON DEATH BENEFICIARIES WHO ARE IDENTIFIED IN THE  2,128        

DEED BY NAME AND WHO ARE LIVING OR IN EXISTENCE ON THE DATE OF     2,129        

THE DECEASED OWNER'S DEATH.  IF THERE IS A DESIGNATION OF MORE     2,130        

THAN ONE TRANSFER ON DEATH BENEFICIARY, THE BENEFICIARIES SHALL    2,131        

TAKE TITLE IN THE INTEREST AS TENANTS IN COMMON UNLESS THE         2,132        

DESIGNATION CLEARLY SHOWS AN INTENT TO CREATE A SURVIVORSHIP       2,133        

TENANCY AMONG THE NAMED BENEFICIARIES.                             2,134        

      (3)  THE INTEREST IN REAL PROPERTY THAT OTHERWISE WOULD      2,136        

HAVE PASSED TO A DESIGNATED TRANSFER ON DEATH BENEFICIARY BUT      2,137        

THAT FAILS TO PASS BECAUSE NO DESIGNATED TRANSFER ON DEATH         2,138        

BENEFICIARY IS LIVING OR IN EXISTENCE ON THE DATE OF THE DECEASED  2,139        

OWNER'S DEATH SHALL BE DISTRIBUTED AS PART OF THE PROBATE ESTATE   2,140        

OF THE DECEASED OWNER OF THE INTEREST.                             2,141        

      (4)  THE DESIGNATION OF A TRANSFER ON DEATH BENEFICIARY HAS  2,143        

NO EFFECT ON THE OWNERSHIP OF REAL PROPERTY, AND A DESIGNATED      2,144        

                                                          46     


                                                                 
TRANSFER ON DEATH BENEFICIARY, AS A DESIGNATED TRANSFER ON DEATH   2,145        

BENEFICIARY, HAS NO INTEREST IN THE REAL PROPERTY, UNTIL EITHER    2,146        

THE DEATH OF THE SOLE OWNER OR THE TENANT IN COMMON OR THE DEATH   2,147        

OF ALL SURVIVORSHIP TENANTS.                                                    

      (5)  THE DESIGNATION IN A DEED OF ANY TRANSFER ON DEATH      2,149        

BENEFICIARY MAY BE REVOKED OR CHANGED AT ANY TIME, WITHOUT THE     2,150        

CONSENT OF THAT DESIGNATED TRANSFER ON DEATH BENEFICIARY, BY A     2,151        

SOLE OWNER, A TENANT IN COMMON, OR A SURVIVORSHIP TENANT, BY       2,152        

EXECUTING IN ACCORDANCE WITH CHAPTER 5301. OF THE REVISED CODE     2,153        

AND RECORDING A DEED CONVEYING THE GRANTOR'S ENTIRE, SEPARATE      2,154        

INTEREST IN THE REAL PROPERTY TO ONE OR MORE PERSONS, INCLUDING    2,155        

THE GRANTOR, WITH OR WITHOUT THE DESIGNATION OF ANOTHER TRANSFER   2,156        

ON DEATH BENEFICIARY.                                                           

      (6)  A FEE SIMPLE TITLE, LEASEHOLD INTEREST, OR LAND         2,158        

CONTRACT VENDEE'S INTEREST IN REAL PROPERTY, OR ANY FRACTIONAL     2,159        

INTEREST IN ANY OF THESE INTERESTS, MAY BE SUBJECTED TO A          2,160        

TRANSFER ON DEATH BENEFICIARY DESIGNATION.                         2,161        

      (7)  A DESIGNATED TRANSFER ON DEATH BENEFICIARY TAKES ONLY   2,163        

THE INTEREST THAT THE DECEASED OWNER OR OWNERS HELD ON THE DATE    2,164        

OF DEATH, SUBJECT TO ALL ENCUMBRANCES, RESERVATIONS, AND           2,165        

EXCEPTIONS.                                                                     

      (8)  NO RIGHTS OF ANY LIENHOLDER, INCLUDING, BUT NOT         2,167        

LIMITED TO, ANY MORTGAGEE, JUDGMENT CREDITOR, OR MECHANIC'S LIEN   2,168        

HOLDER, SHALL BE AFFECTED BY THE DESIGNATION OF A TRANSFER ON      2,169        

DEATH BENEFICIARY PURSUANT TO THIS SECTION AND SECTION 5302.22 OF  2,170        

THE REVISED CODE.  IF ANY LIENHOLDER TAKES ACTION TO ENFORCE THE   2,171        

LIEN, BY FORECLOSURE OR OTHERWISE THROUGH A COURT PROCEEDING, IT   2,172        

IS NOT NECESSARY TO JOIN THE TRANSFER ON DEATH BENEFICIARY AS A    2,173        

PARTY DEFENDANT IN THE ACTION UNLESS THE TRANSFER ON DEATH         2,174        

BENEFICIARY HAS ANOTHER INTEREST IN THE REAL PROPERTY THAT IS      2,175        

CURRENTLY VESTED.                                                               

      (9)  ANY TRANSFER ON DEATH OF REAL PROPERTY OR OF AN         2,177        

INTEREST IN REAL PROPERTY THAT RESULTS FROM A DEED DESIGNATING A   2,178        

TRANSFER ON DEATH BENEFICIARY IS NOT TESTAMENTARY.                 2,179        

                                                          47     


                                                                 
      Sec. 5731.21.  (A)(1)(a)  Except as provided under division  2,188        

(A)(3) of this section, the executor or administrator, or, if no   2,189        

executor or administrator has been appointed, then such other      2,190        

ANOTHER person in possession of property, the transfer of which    2,191        

is subject to estate taxes under section 5731.02 or division (A)   2,193        

of section 5731.19 of the Revised Code, shall file an estate tax   2,194        

return, within nine months of the date of the decedent's death,    2,195        

in the form prescribed by the tax commissioner, in duplicate,      2,196        

with the probate court of the county.  The return shall include    2,197        

all property the transfer of which is subject to estate taxes,     2,198        

whether such THAT property is transferred under the last will and  2,200        

testament of the decedent or otherwise.  The time for filing the                

return may be extended by the tax commissioner.                    2,201        

      (b)  The estate tax return described in division (A)(1)(a)   2,203        

of this section shall be accompanied by a certificate, in the      2,204        

form prescribed by the tax commissioner, that is signed by the     2,205        

executor, administrator, or other person required to file the      2,206        

return, and that states all of the following:                      2,207        

      (i)  The fact that the return was filed;                     2,209        

      (ii)  The date of the filing of the return;                  2,211        

      (iii)  The fact that the estate taxes under section 5731.02  2,213        

or division (A) of section 5731.19 of the Revised Code, that are   2,214        

shown to be due in the return, have been paid in full;             2,215        

      (iv)  If applicable, the fact that real property listed in   2,217        

the inventory for the decedent's estate is included in the         2,218        

return;                                                            2,219        

      (v)  If applicable, the fact that real property not listed   2,221        

in the inventory for the decedent's estate, including, but not     2,222        

limited to, survivorship tenancy property as described in section  2,223        

5302.17 of the Revised Code OR TRANSFER ON DEATH PROPERTY AS       2,224        

DESCRIBED IN SECTIONS 5302.22 AND 5302.23 OF THE REVISED CODE,     2,225        

also is included in the return.  In this regard, the certificate   2,226        

additionally shall describe that real property by the same         2,227        

description used in the return.                                                 

                                                          48     


                                                                 
      (2)  The probate court shall forward one copy of the estate  2,229        

tax return described in division (A)(1)(a) of this section to the  2,230        

tax commissioner.                                                  2,231        

      (3)  If the value of the gross estate of the decedent is     2,233        

twenty-five thousand dollars or less and the decedent was a        2,234        

resident of this state, the person otherwise required to file a    2,235        

return may file a return, but shall not be required to do so.  IF  2,237        

A PROBATE COURT ISSUES AN ORDER THAT GRANTS A SUMMARY RELEASE      2,238        

FROM ADMINISTRATION IN CONNECTION WITH A DECEDENT'S ESTATE UNDER   2,239        

SECTION 2113.031 OF THE REVISED CODE, THAT ORDER ELIMINATES THE    2,240        

DUTY OF ALL PERSONS TO FILE AN ESTATE TAX RETURN AND CERTIFICATE   2,241        

UNDER DIVISIONS (A)(1)(a) AND (b) OF THIS SECTION WITH RESPECT TO  2,243        

THE ESTATE FOR WHICH THE ORDER WAS GRANTED.                                     

      (4)(a)  Upon receipt of the estate tax return described in   2,245        

division (A)(1)(a) of this section and the accompanying            2,246        

certificate described in division (A)(1)(b) of this section, the   2,247        

probate court promptly shall give notice of the return, by a form  2,248        

prescribed by the tax commissioner, to the county auditor.  The    2,249        

auditor then shall make a charge based upon the notice and shall   2,250        

certify a duplicate of the charge to the county treasurer.  The    2,251        

treasurer then shall collect, subject to division (A) of section   2,252        

5731.25 of the Revised Code or any other statute extending the     2,253        

time for payment of an estate tax, the tax so charged.             2,254        

      (b)  Upon receipt of the return and the accompanying         2,256        

certificate, the probate court also shall forward the certificate  2,257        

to the auditor.  When satisfied that the estate taxes under        2,258        

section 5731.02 or division (A) of section 5731.19 of the Revised  2,259        

Code, that are shown to be due in the return, have been paid in    2,260        

full, the auditor shall stamp the certificate so forwarded to      2,261        

verify that payment.  The auditor then shall return the stamped    2,262        

certificate to the probate court.                                  2,263        

      (5)(a)  The certificate described in division (A)(1)(b) of   2,265        

this section is a public record subject to inspection and copying  2,266        

in accordance with section 149.43 of the Revised Code.  It shall   2,267        

                                                          49     


                                                                 
be kept in the records of the probate court pertaining to the      2,268        

decedent's estate and is not subject to the confidentiality        2,269        

provisions of section 5731.90 of the Revised Code.                 2,270        

      (b)  All persons are entitled to rely on the statements      2,272        

contained in a certificate as described in division (A)(1)(b) of   2,273        

this section if it has been filed in accordance with that          2,274        

division, forwarded to a county auditor and stamped in accordance  2,275        

with division (A)(4) of this section, and placed in the records    2,276        

of the probate court pertaining to the decedent's estate in        2,277        

accordance with division (A)(5)(a) of this section.  The real      2,278        

property referred to in the certificate shall be free of, and may  2,279        

be regarded by all persons as being free of, any lien for estate   2,280        

taxes under section 5731.02 and division (A) of section 5731.19    2,281        

of the Revised Code.                                               2,282        

      (B)  An estate tax return filed under this section, in the   2,284        

form prescribed by the tax commissioner, and showing that no       2,285        

estate tax is due shall result in a determination that no estate   2,286        

tax is due, if the tax commissioner, within three months after     2,287        

the receipt of the return by the department of taxation, fails to  2,288        

file exceptions to the return in the probate court of the county   2,289        

in which the return was filed.  A copy of exceptions to such a     2,290        

return OF THAT NATURE, when the tax commissioner files them        2,291        

within that period, shall be sent by ordinary mail to the person   2,292        

who filed the return.  The tax commissioner is not bound under     2,293        

this division by a determination that no estate tax is due, with   2,294        

respect to property not disclosed in the return.                   2,295        

      (C)  If the executor, administrator, or other person         2,297        

required to file an estate tax return fails to file it within      2,298        

nine months of the date of the decedent's death, the tax           2,299        

commissioner may determine the estate tax in such THAT estate and  2,301        

issue a certificate of determination in the same manner as is                   

provided in division (B) of section 5731.27 of the Revised Code.   2,302        

Such A certificate of determination OF THAT NATURE has the same    2,304        

force and effect as though a return had been filed and a           2,305        

                                                          50     


                                                                 
certificate of determination issued with respect to the return.    2,306        

      Section 2.  That existing sections 319.54, 1109.07,          2,308        

1339.68, 2101.12, 2101.16, 2101.24, 2106.10, 2106.13, 2106.18,     2,310        

2107.501, 2113.03, 2113.61, 2131.10, 5111.11, 5302.01, 5302.02,    2,311        

and 5731.21 of the Revised Code are hereby repealed.               2,312