As Reported by House Civil and Commercial Law Committee       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 313  5            

      1999-2000                                                    6            


                     REPRESENTATIVE SALERNO                        8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 319.54, 1109.07, 1339.411,          11           

                1339.68, 2101.12, 2101.16, 2101.24, 2106.10,       13           

                2106.13, 2106.18, 2107.501, 2113.03, 2113.61,      14           

                2131.10, 5111.11, 5302.01, 5302.02, and 5731.21                 

                and to enact sections 2113.031, 5302.22, and       15           

                5302.23 of the Revised Code to permit, without     16           

                appointing a fiduciary or following release from   17           

                administration procedures, the transfer of titled               

                assets of a decedent to certain persons who pay    18           

                or are obligated to pay the decedent's funeral                  

                expenses; to permit any person, entity, or         19           

                organization to be a beneficiary of a POD bank     20           

                account; to remove the requirement that the value  22           

                of the two automobiles that a decedent's                        

                surviving spouse may select from the decedent's    23           

                estate be determined by an appraisal and to        24           

                permit the surviving spouse to select a truck                   

                under that law even if the decedent owned an       25           

                automobile; to extend the statutory exemption to   27           

                the doctrine of ademption to a sale of                          

                specifically devised or bequeathed property by an  28           

                agent acting under a power of attorney or durable               

                power of attorney; to permit an owner of an        30           

                interest in real property to designate on a deed   31           

                one or more beneficiaries to take title to the     32           

                interest upon the death of the grantee under the   33           

                deed without having to go through probate; and to               

                specify the circumstances under which a            34           

                                                          2      


                                                                 
                spendthrift provision in a trust that holds        35           

                property granted to a skip person and qualifying                

                as a nontaxable gift for purposes of the federal   36           

                generation-skipping transfer tax would or would    37           

                not cause a forfeiture or postponement of an       38           

                interest in that property.                                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        40           

      Section 1.  That sections 319.54, 1109.07, 1339.411,         42           

1339.68, 2101.12, 2101.16, 2101.24, 2106.10, 2106.13, 2106.18,     44           

2107.501, 2113.03, 2113.61, 2131.10, 5111.11, 5302.01, 5302.02,    45           

and 5731.21 be amended and sections 2113.031, 5302.22, and         46           

5302.23 of the Revised Code be enacted to read as follows:         47           

      Sec. 319.54.  (A)  On all moneys collected by the county     56           

treasurer on any tax duplicate of the county, other than estate    57           

tax duplicates, and on all moneys received as advance payments of  58           

personal property and classified property taxes, the county        59           

auditor, on settlement with the treasurer and tax commissioner,    60           

on or before the date prescribed by law for such settlement or     61           

any lawful extension of such date, shall be allowed as             62           

compensation for the county auditor's services the following       63           

percentages:                                                       64           

      (1)  On the first one hundred thousand dollars, two and      66           

one-half per cent;                                                 67           

      (2)  On the next two million dollars, eight thousand three   69           

hundred eighteen ten-thousandths of one per cent;                  70           

      (3)  On the next two million dollars, six thousand six       72           

hundred fifty-five ten-thousandths of one per cent;                73           

      (4)  On all further sums, one thousand six hundred           75           

sixty-three ten-thousandths of one per cent.                       76           

      If any settlement is not made on or before the date          78           

prescribed by law for such settlement or any lawful extension of   79           

such date, the aggregate compensation allowed to the auditor       80           

                                                          3      


                                                                 
shall be reduced one per cent for each day such settlement is      81           

delayed after the prescribed date.  No penalty shall apply if the  82           

auditor and treasurer grant all requests for advances up to        83           

ninety per cent of the settlement pursuant to section 321.34 of    84           

the Revised Code.  The compensation allowed in accordance with     85           

this section on settlements made before the dates prescribed by    86           

law, or the reduced compensation allowed in accordance with this   87           

section on settlements made after the date prescribed by law or    88           

any lawful extension of such date, shall be apportioned ratably    89           

by the auditor and deducted from the shares or portions of the     90           

revenue payable to the state as well as to the county, townships,  91           

municipal corporations, and school districts.                      92           

      (B)  From all moneys collected by the county treasurer on    94           

any tax duplicate of the county, other than estate tax             95           

duplicates, and on all moneys received as advance payments of      96           

personal property and classified property taxes, there shall be    97           

paid into the county treasury to the credit of the real estate     98           

assessment fund created by section 325.31 of the Revised Code, an  99           

amount to be determined by the county auditor, which shall not     100          

exceed the following percentages:                                  101          

      (1)  On the first one hundred thousand dollars, three and    103          

one-half per cent;                                                 104          

      (2)  On the next three million dollars, one and              106          

three-eighths per cent;                                            107          

      (3)  On the next three million dollars, one per cent;        109          

      (4)  On all further sums not exceeding one hundred fifty     111          

million dollars, three-quarters of one per cent;                   112          

      (5)  On amounts exceeding one hundred fifty million          114          

dollars, six-tenths of one per cent.                               115          

      Such compensation shall be apportioned ratably by the        117          

auditor and deducted from the shares or portions of the revenue    118          

payable to the state as well as to the county, townships,          119          

municipal corporations, and school districts.                      120          

      (C)  Each county auditor shall receive four per cent of the  122          

                                                          4      


                                                                 
amount of tax collected and paid into the county treasury, on      123          

property omitted and placed by the county auditor on the tax       124          

duplicate.                                                         125          

      (D)  On all estate tax moneys collected by the county        127          

treasurer, the county auditor, on settlement semiannually with     128          

the tax commissioner, shall be allowed, as compensation for the    129          

auditor's services under Chapter 5731. of the Revised Code, the    131          

following percentages:                                             132          

      (1)  Four per cent on the first one hundred thousand         134          

dollars;                                                           135          

      (2)  One-half of one per cent on all additional sums.        137          

      Such percentages shall be computed upon the amount           139          

collected and reported at each semiannual settlement, and shall    140          

be for the use of the general fund of the county.                  141          

      (E)  On all cigarette license moneys collected by the        143          

county treasurer, the county auditor, on settlement semiannually   144          

with the treasurer, shall be allowed as compensation for the       145          

auditor's services in the issuing of such licenses one-half of     147          

one per cent of such moneys, to be apportioned ratably and         148          

deducted from the shares of the revenue payable to the county and  149          

subdivisions, for the use of the general fund of the county.       150          

      (F)  The county auditor shall charge and receive fees as     152          

follows:                                                           153          

      (1)  For deeds of land sold for taxes to be paid by the      155          

purchaser, five dollars;                                           156          

      (2)  For the transfer or entry of land, lot, or part of      158          

lot, to be paid by the person requiring it, fifty cents for each   159          

transfer;                                                          160          

      (3)  For receiving statements of value and administering     162          

section 319.202 of the Revised Code, one dollar, or ten cents per  163          

hundred dollars for each one hundred dollars, or fraction of one   164          

hundred dollars, whichever is greater, of the value of the real    166          

property transferred or, for sales occurring on or after January   167          

1, 2000, the value of the used manufactured home or used mobile    170          

                                                          5      


                                                                 
home, as defined in division (A)(6) of section 5739.0210 of the    172          

Revised Code, transferred, except no fee shall be charged when     173          

the transfer is made:                                              174          

      (a)  To or from the United States, this state, or any        176          

instrumentality, agency, or political subdivision of the United    177          

States or this state;                                              178          

      (b)  Solely in order to provide or release security for a    180          

debt or obligation;                                                181          

      (c)  To confirm or correct a deed previously executed and    183          

recorded;                                                          184          

      (d)  To evidence a gift, in trust or otherwise and whether   186          

revocable or irrevocable, between husband and wife, or parent and  187          

child or the spouse of either;                                     188          

      (e)  On sale for delinquent taxes or assessments;            190          

      (f)  Pursuant to court order, to the extent that such        192          

transfer is not the result of a sale effected or completed         193          

pursuant to such order;                                            194          

      (g)  Pursuant to a reorganization of corporations or         196          

unincorporated associations or pursuant to the dissolution of a    197          

corporation, to the extent that the corporation conveys the        198          

property to a stockholder as a distribution in kind of the         199          

corporation's assets in exchange for the stockholder's shares in   200          

the dissolved corporation;                                         201          

      (h)  By a subsidiary corporation to its parent corporation   203          

for no consideration, nominal consideration, or in sole            204          

consideration of the cancellation or surrender of the              205          

subsidiary's stock;                                                206          

      (i)  By lease, whether or not it extends to mineral or       208          

mineral rights, unless the lease is for a term of years renewable  209          

forever;                                                           210          

      (j)  When the value of the real property or the              212          

manufactured or mobile home or the value of the interest that is   214          

conveyed does not exceed one hundred dollars;                                   

      (k)  Of an occupied residential property, including a        216          

                                                          6      


                                                                 
manufactured or mobile home, being transferred to the builder of   217          

a new residence or to the dealer of a new manufactured or mobile   218          

home when the former residence is traded as part of the            219          

consideration for the new residence or new manufactured or mobile  220          

home;                                                                           

      (l)  To a grantee other than a dealer in real property or    222          

in manufactured or mobile homes, solely for the purpose of, and    223          

as a step in, the prompt sale of the real property or              224          

manufactured or mobile home to others;                                          

      (m)  To or from a person when no money or other valuable     226          

and tangible consideration readily convertible into money is paid  227          

or to be paid for the real estate or manufactured or mobile home   228          

and the transaction is not a gift;                                 230          

      (n)  Pursuant to division (B) of section 317.22 of the       232          

Revised Code, or to section 2113.61 of the Revised Code, between   234          

spouses or to a surviving spouse pursuant to section 5302.17 of    235          

the Revised Code as it existed prior to April 4, 1985, between     236          

persons pursuant to section 5302.17 or 5302.18 of the Revised      237          

Code on or after April 4, 1985, to a person who is a surviving,    238          

survivorship tenant pursuant to section 5302.17 of the Revised     239          

Code on or after April 4, 1985, or pursuant to section 5309.45 of  240          

the Revised Code;                                                               

      (o)  To a trustee acting on behalf of minor children of the  242          

deceased;                                                          243          

      (p)  Of an easement or right-of-way when the value of the    245          

interest conveyed does not exceed one thousand dollars;            246          

      (q)  Of property sold to a surviving spouse pursuant to      248          

section 2106.16 of the Revised Code;                               249          

      (r)  To or from an organization exempt from federal income   251          

taxation under section 501(c)(3) of the "Internal Revenue Code of  252          

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such    253          

transfer is without consideration and is in furtherance of the     254          

charitable or public purposes of such organization;                255          

      (s)  Among the heirs at law or devisees, including a         257          

                                                          7      


                                                                 
surviving spouse, of a common decedent, when no consideration in   258          

money is paid or to be paid for the real property or manufactured  259          

or mobile home;                                                    260          

      (t)  To a trustee of a trust, when the grantor of the trust  262          

has reserved an unlimited power to revoke the trust;               263          

      (u)  To the grantor of a trust by a trustee of the trust,    265          

when the transfer is made to the grantor pursuant to the exercise  266          

of the grantor's power to revoke the trust or to withdraw trust    267          

assets;                                                                         

      (v)  To the beneficiaries of a trust if the fee was paid on  269          

the transfer from the grantor of the trust to the trustee or if    270          

the transfer is made pursuant to trust provisions which became     271          

irrevocable at the death of the grantor;                           272          

      (w)  To a corporation for incorporation into a sports        274          

facility constructed pursuant to section 307.696 of the Revised    275          

Code;                                                              276          

      (x)  BETWEEN PERSONS PURSUANT TO SECTION 5302.18 OR 5302.22  278          

OF THE REVISED CODE OR TO ONE OR MORE PERSONS WHO ARE TRANSFER ON  279          

DEATH BENEFICIARIES PURSUANT TO SECTION 5302.22 OF THE REVISED     280          

CODE.                                                                           

      The auditor shall compute and collect the fee.  The auditor  282          

shall maintain a numbered receipt system, as prescribed by the     283          

tax commissioner, and use such receipt system to provide a         284          

receipt to each person paying a fee.  The auditor shall deposit    285          

the receipts of the fees on conveyances in the county treasury     286          

daily to the credit of the general fund of the county.             287          

      The real property transfer fee provided for in division      289          

(F)(3) of this section shall be applicable to any conveyance of    290          

real property presented to the auditor on or after January 1,      291          

1968, regardless of its time of execution or delivery.             292          

      Sec. 1109.07.  (A)  When a deposit is made in the name of    303          

two or more persons, payable to either or the survivor, the bank   304          

may pay all of the deposit, any part of the deposit, or any        305          

interest earned on the deposit, to either of the named persons,    306          

                                                          8      


                                                                 
or the guardian of the estate of either of the named persons,      307          

whether or not the other person is living.  The receipt or         308          

acquittance of the person paid is a sufficient release and         309          

discharge of the bank for any payments made from the account to    310          

that person.                                                                    

      (B)  A bank may enter into a written contract with a         312          

natural person for the proceeds of the person's deposits to be     314          

payable on the death of that person to another natural person OR   315          

TO ANY ENTITY OR ORGANIZATION in accordance with the terms,        317          

restrictions, and limitations set forth in sections 2131.10 and    318          

2131.11 of the Revised Code.                                                    

      Sec. 1339.411.  (A)(1)  Except as provided in divisions      328          

(A)(2) and, (3), AND (4) of this section, a spendthrift provision  329          

in an instrument that creates an inter vivos or testamentary       330          

trust shall not cause any forfeiture or postponement of any        332          

interest in property that satisfies both of the following:                      

      (a)  It is granted to a surviving spouse of the testator or  334          

other settlor.                                                     335          

      (b)  It qualifies for the federal estate tax marital         337          

deduction allowed by subtitle SUBTITLE B, Chapter 11, of the       339          

"Internal Revenue Code of 1986," 26 U.S.C.A. 2056, as amended, or  340          

the estate tax marital deduction allowed by division (A) of        341          

section 5731.15 of the Revised Code.                               342          

      (2)  Division (A)(1) of this section does not apply if an    345          

instrument that creates an inter vivos or testamentary trust       346          

expressly states the intention of the testator or other settlor    347          

that obtaining a marital deduction as described in division        348          

(A)(1)(b) of this section is less important than enforcing the     350          

forfeiture or postponement of the interest in property in          351          

accordance with the spendthrift provision in the instrument.       352          

      (3)  DIVISION (A)(1) OF THIS SECTION APPLIES ONLY TO THE     355          

FORFEITURE OR POSTPONEMENT PORTIONS OF A SPENDTHRIFT PROVISION     356          

AND DOES NOT APPLY TO ANY PORTION OF A SPENDTHRIFT PROVISION THAT  357          

PROHIBITS A BENEFICIARY FROM ASSIGNING, ALIENATING, OR OTHERWISE   358          

                                                          9      


                                                                 
DISPOSING OF ANY BENEFICIAL INTEREST IN A TRUST OR PROHIBITS A     359          

CREDITOR OF A BENEFICIARY FROM ATTACHING OR OTHERWISE ENCUMBERING  360          

THE TRUST ESTATE.                                                  361          

      (4)  Division (A)(1) of this section does not apply to any   365          

beneficiary of an inter vivos or testamentary trust other than     366          

the surviving spouse of the testator or other settlor or to any    367          

inter vivos or testamentary trust of which the surviving spouse    368          

of the testator or other settlor is a beneficiary if an interest   369          

in property does not qualify for a marital deduction as described  370          

in division (A)(1)(b) of this section.                             371          

      (B)(1)  Except as provided in divisions (B)(2) and (3) of    374          

this section, if an instrument creating an inter vivos or          375          

testamentary trust includes a spendthrift provision and the trust  377          

holds shares in an S corporation, the spendthrift provision shall  378          

not cause any forfeiture or postponement of any beneficial         379          

interest, income, principal, or other interest in the shares of    380          

the S corporation held by the trust.  For purposes of division     382          

(B)(1) of this section, "S corporation" has the same meaning as    383          

in section 1361 of the "Internal Revenue Code of 1986," 26 U.S.C.  387          

1361.                                                              388          

      (2)  Division (B)(1) of this section does not apply if an    391          

instrument that creates an inter vivos or testamentary trust       392          

expressly states the intention of the testator or other settlor                 

that maintenance of the corporation's status as an S corporation   394          

is less important than enforcing the forfeiture or postponement    395          

of any beneficial interest, income, principal, or other interest   396          

in the S corporation shares in accordance with the spendthrift     398          

provision in the instrument.                                                    

      (3)  Division (B)(1) of this section applies only to the     401          

forfeiture or postponement portions of a spendthrift provision     402          

and does not apply to any portion of a spendthrift provision that               

prohibits a beneficiary from assigning, alienating, or otherwise   403          

disposing of any beneficiary BENEFICIAL interest in a trust or     404          

prohibits a creditor of a beneficiary from attaching or otherwise  406          

                                                          10     


                                                                 
encumbering the trust estate.                                                   

      (4)(C)(1)  EXCEPT AS PROVIDED IN DIVISIONS (C)(2) AND (3)    409          

OF THIS SECTION, A SPENDTHRIFT PROVISION IN AN INSTRUMENT THAT     412          

CREATES AN INTER VIVOS OR TESTAMENTARY TRUST SHALL NOT CAUSE ANY   413          

FORFEITURE OR POSTPONEMENT OF ANY INTEREST IN PROPERTY THAT        414          

SATISFIES BOTH OF THE FOLLOWING:                                   415          

      (a)  IT IS GRANTED TO A PERSON WHO IS A SKIP PERSON UNDER    417          

THE FEDERAL GENERATION-SKIPPING TRANSFER TAX IMPOSED BY SUBTITLE   419          

B, CHAPTER 13, OF THE "INTERNAL REVENUE CODE OF 1986," 26          423          

U.S.C.A. 2601-2663, AS AMENDED.                                    424          

      (b)  IT QUALIFIES AS A NONTAXABLE GIFT UNDER SECTION         427          

2642(c) OF THE "INTERNAL REVENUE CODE OF 1986," 26 U.S.C.A         430          

2642(c).                                                                        

      (2)  DIVISION (C)(1) OF THIS SECTION DOES NOT APPLY IF AN    432          

INSTRUMENT THAT CREATES AN INTER VIVOS OR TESTAMENTARY TRUST       433          

EXPRESSLY STATES THE INTENTION OF THE TESTATOR OR OTHER SETTLOR                 

THAT QUALIFYING AS A NONTAXABLE TRUST GIFT AS DESCRIBED IN         434          

DIVISION (C)(1)(b) OF THIS SECTION IS LESS IMPORTANT THAN          435          

ENFORCING THE FORFEITURE OR POSTPONEMENT OF THE INTEREST IN        436          

PROPERTY IN ACCORDANCE WITH THE SPENDTHRIFT PROVISION IN THE       437          

INSTRUMENT.                                                                     

      (3)  DIVISION (C)(1) OF THIS SECTION APPLIES ONLY TO THE     439          

FORFEITURE OR POSTPONEMENT PORTIONS OF A SPENDTHRIFT PROVISION     440          

AND DOES NOT APPLY TO ANY PORTION OF A SPENDTHRIFT PROVISION THAT  441          

PROHIBITS A BENEFICIARY FROM ASSIGNING, ALIENATING, OR OTHERWISE   442          

DISPOSING OF ANY BENEFICIAL INTEREST IN A TRUST OR PROHIBITS A     443          

CREDITOR OF A BENEFICIARY FROM ATTACHING OR OTHERWISE ENCUMBERING  444          

THE TRUST ESTATE.                                                  445          

      (D)  Divisions (A), (B)(1), (2), and (3)(C) of this section  449          

are intended to codify certain fiduciary and trust law principles               

relating to the interpretation of a testator's or other settlor's  450          

intent with respect to the provisions of a trust.  Divisions (A),  452          

(B)(1), (2), and (3)(C) of this section apply to trust             453          

instruments executed prior to and existing on the effective date   456          

                                                          11     


                                                                 
of this amendment, unless the trustee of a AND TO trust of that    457          

nature, in a written trust amendment, elects to do otherwise.      459          

Any election of that nature, when made, is irrevocable             461          

INSTRUMENTS EXECUTED ON OR AFTER THE EFFECTIVE DATE OF THIS        462          

AMENDMENT.                                                                      

      Sec. 1339.68.  (A)  As used in this section:                 471          

      (1)  "Disclaimant" means any person, any guardian or         473          

personal representative of a person or estate of a person, or any  474          

attorney-in-fact or agent of a person having a general or          475          

specific authority to act granted in a written instrument, who is  476          

any of the following:                                              477          

      (a)  With respect to testamentary instruments and intestate  479          

succession, an heir, next of kin, devisee, legatee, donee, person  480          

succeeding to a disclaimed interest, surviving joint tenant,       481          

surviving tenant by the entireties, surviving tenant of a tenancy  482          

with a right of survivorship, beneficiary under a testamentary     483          

instrument, or person designated to take pursuant to a power of    484          

appointment exercised by a testamentary instrument;                485          

      (b)  With respect to nontestamentary instruments, a          487          

grantee, donee, person succeeding to a disclaimed interest,        488          

surviving joint tenant, surviving tenant by the entireties,        489          

surviving tenant of a tenancy with a right of survivorship,        490          

beneficiary under a nontestamentary instrument, or person          491          

designated to take pursuant to a power of appointment exercised    492          

by a nontestamentary instrument;                                   493          

      (c)  With respect to fiduciary rights, privileges, powers,   495          

and immunities, a fiduciary under a testamentary or                496          

nontestamentary instrument.  This section does not authorize a     497          

fiduciary to disclaim the rights of beneficiaries unless the       498          

instrument creating the fiduciary relationship authorizes such a   499          

disclaimer.                                                        500          

      (d)  Any person entitled to take an interest in property     502          

upon the death of a person or upon the occurrence of any other     503          

event.                                                             504          

                                                          12     


                                                                 
      (2)  "Property" means all forms of property, real and        506          

personal, tangible and intangible.                                 507          

      (B)(1)  A disclaimant, other than a fiduciary under an       509          

instrument who is not authorized by the instrument to disclaim     510          

the interest of a beneficiary, may disclaim, in whole or in part,  511          

the succession to any property by executing and by delivering,     512          

filing, or recording a written disclaimer instrument in the        513          

manner provided in this section.                                   514          

      (2)  A disclaimant who is a fiduciary under an instrument    516          

may disclaim, in whole or in part, any right, power, privilege,    517          

or immunity, by executing and by delivering, filing, or recording  518          

a written disclaimer instrument in the manner provided in this     519          

section.                                                           520          

      (3)  The written instrument of disclaimer shall be signed    522          

and acknowledged by the disclaimant and shall contain all of the   523          

following:                                                         524          

      (a)  A reference to the donative instrument;                 526          

      (b)  A description of the property, part of property, or     528          

interest disclaimed, and of any fiduciary right, power,            529          

privilege, or immunity disclaimed;                                 530          

      (c)  A declaration of the disclaimer and its extent.         532          

      (4)  The guardian of the estate of a minor or an             534          

incompetent, or the personal representative of a deceased person,  535          

with the consent of the probate division of the court of common    536          

pleas, may disclaim, in whole or in part, the succession to any    537          

property, or interest in property, that the ward, if an adult and  538          

competent, or the deceased, if living, might have disclaimed.      539          

The guardian or personal representative, or any interested person  540          

may file an application with the probate division of the court of  541          

common pleas that has jurisdiction of the estate, asking that the  542          

court order the guardian or personal representative to execute     543          

and deliver, file, or record the disclaimer on behalf of the ward  544          

or estate.  The court shall order the guardian or personal         545          

representative to execute and deliver, file, or record the         546          

                                                          13     


                                                                 
disclaimer if the court finds, upon hearing after notice to        547          

interested parties and such other persons as the court shall       548          

direct, that:                                                      549          

      (a)  It is in the best interests of those interested in the  551          

estate of the person and of those who will take the disclaimed     552          

interest;                                                          553          

      (b)  It would not materially, adversely affect the minor or  555          

incompetent, or the beneficiaries of the estate of the decedent,   556          

taking into consideration other available resources and the age,   557          

probable life expectancy, physical and mental condition, and       558          

present and reasonably anticipated future needs of the minor or    559          

incompetent or the beneficiaries of the estate of the decedent.    560          

      A written instrument of disclaimer ordered by the court      562          

under this division shall be executed and be delivered, filed, or  563          

recorded within the time and in the manner in which the person     564          

could have disclaimed if the person were living, an adult, and     566          

competent.                                                                      

      (C)  A partial disclaimer of property that is subject to a   568          

burdensome interest created by the donative instrument is not      569          

effective unless the disclaimed property constitutes a gift that   570          

is separate and distinct from undisclaimed gifts.                  571          

      (D)  The disclaimant shall deliver, file, or record the      573          

disclaimer, or cause the same to be done, not later than nine      574          

months after the latest of the following dates:                    575          

      (1)  The effective date of the donative instrument if both   577          

the taker and the taker's interest in the property are finally     579          

ascertained on that date;                                          580          

      (2)  The date of the occurrence of the event upon which      582          

both the taker and the taker's interest in the property become     584          

finally ascertainable;                                             585          

      (3)  The date on which the disclaimant attains twenty-one    587          

years of age or is no longer an incompetent, without tendering or  588          

repaying any benefit received while the disclaimant was under      589          

twenty-one years of age or an incompetent, and even if a guardian  590          

                                                          14     


                                                                 
of a minor or incompetent had filed an application pursuant to     591          

division (B)(4) of this section and the probate division of the    592          

court of common pleas involved did not consent to the guardian     593          

executing a disclaimer.                                            594          

      (E)  No disclaimer instrument is effective under this        596          

section if either of the following applies under the terms of the  597          

disclaimer instrument:                                             598          

      (1)  The disclaimant has power to revoke the disclaimer;     600          

      (2)  The disclaimant may transfer, or direct to be           602          

transferred, to self the entire legal and equitable ownership of   605          

the property subject to the disclaimer instrument.                              

      (F)(1)  If SUBJECT TO DIVISION (F)(2) OF THIS SECTION, IF    608          

the interest disclaimed is created by a nontestamentary            609          

instrument, the disclaimer instrument shall be delivered           610          

personally or by certified mail to the trustee or other person     611          

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

disclaimed.                                                        612          

      (2)  If the interest disclaimed is created by a              614          

testamentary instrument or, by intestate succession, OR BY A       615          

TRANSFER ON DEATH DEED PURSUANT TO SECTION 5302.22 OF THE REVISED  616          

CODE, the disclaimer instrument shall be filed in the probate      617          

division of the court of common pleas in the county in which       618          

proceedings for the administration of the decedent's estate have   619          

been commenced, and an executed copy of the disclaimer instrument  620          

shall be delivered personally or by certified mail to the          621          

personal representative of the decedent's estate.                  622          

      (3)  If no proceedings for the administration of the         624          

decedent's estate have been commenced, the disclaimer instrument   625          

shall be filed in the probate division of the court of common      626          

pleas in the county in which proceedings for the administration    627          

of the decedent's estate might be commenced according to law.      628          

The disclaimer instrument shall be filed and indexed, and fees     629          

charged, in the same manner as provided by law for an application  630          

to be appointed as personal representative to administer the       631          

                                                          15     


                                                                 
decedent's estate.  The disclaimer is effective whether or not     632          

proceedings thereafter are commenced to administer the decedent's  633          

estate.  If proceedings thereafter are commenced for the           634          

administration of the decedent's estate, they shall be filed       635          

under, or consolidated with, the case number assigned to the       636          

disclaimer instrument.                                             637          

      (4)  If an interest in real estate is disclaimed, an         639          

executed copy of the disclaimer instrument also shall be recorded  640          

in the office of the recorder of the county in which the real      641          

estate is located.  The disclaimer instrument shall include a      642          

description of the real estate with sufficient certainty to        643          

identify it, and shall contain a reference to the record of the    644          

instrument that created the interest disclaimed.  If title to the  645          

real estate is registered under Chapters 5309. and 5310. of the    646          

Revised Code, the disclaimer interest shall be entered as a        647          

memorial on the last certificate of title.  A spouse of a          648          

disclaimant has no dower or other interest in the real estate      649          

disclaimed.                                                        650          

      (G)  Unless the donative instrument expressly provides       652          

that, if there is a disclaimer, there shall not be any             653          

acceleration of remainders or other interests, the property, part  654          

of property, or interest in property disclaimed, and any future    655          

interest that is to take effect in possession or enjoyment at or   656          

after the termination of the interest disclaimed, shall descend,   657          

be distributed, or otherwise be disposed of, and shall be          658          

accelerated, in the following manner:                              659          

      (1)  If intestate or testate succession is disclaimed, as    661          

if the disclaimant had predeceased the decedent;                   662          

      (2)  If the disclaimant is one designated to take pursuant   664          

to a power of appointment exercised by a testamentary instrument,  665          

as if the disclaimant had predeceased the donee of the power;      666          

      (3)  If the donative instrument is a nontestamentary         668          

instrument, as if the disclaimant had died before the effective    669          

date of the nontestamentary instrument;                            670          

                                                          16     


                                                                 
      (4)  If the disclaimer is of a fiduciary right, power,       672          

privilege, or immunity, as if the right, power, privilege, or      673          

immunity was never in the donative instrument.                     674          

      (H)  A disclaimer pursuant to this section is effective as   676          

of, and relates back for all purposes to, the date upon which the  677          

taker and the taker's interest have been finally ascertained.      679          

      (I)  A disclaimant who has a present and future interest in  681          

property, and disclaims the disclaimant's present interest in      683          

whole or in part, is considered to have disclaimed the             684          

disclaimant's future interest to the same extent, unless a         686          

contrary intention appears in the disclaimer instrument or the     687          

donative instrument.  A disclaimant is not precluded from          688          

receiving, as an alternative taker, a beneficial interest in the   689          

property disclaimed, unless a contrary intention appears in the    690          

disclaimer instrument or in the donative instrument.               691          

      (J)  The disclaimant's right to disclaim under this section  693          

is barred if, before the expiration of the period within which     694          

the disclaimant may disclaim the interest, the disclaimant does    696          

any of the following:                                              697          

      (1)  Assigns, conveys, encumbers, pledges, or transfers, or  699          

contracts to assign, convey, encumber, pledge, or transfer, the    700          

property or any interest in it;                                    701          

      (2)  Waives in writing the disclaimant's right to disclaim   703          

and executes and delivers, files, or records the waiver in the     705          

manner provided in this section for a disclaimer instrument;       706          

      (3)  Accepts the property or an interest in it;              708          

      (4)  Permits or suffers a sale or other disposition of the   710          

property pursuant to judicial action against the disclaimant.      712          

      (K)  A fiduciary's application for appointment or            714          

assumption of duties as a fiduciary does not waive or bar the      715          

disclaimant's right to disclaim a right, power, privilege, or      717          

immunity.                                                                       

      (L)  The right to disclaim under this section exists         719          

irrespective of any limitation on the interest of the disclaimant  720          

                                                          17     


                                                                 
in the nature of a spendthrift provision or similar restriction.   721          

      (M)  A disclaimer instrument or written waiver of the right  723          

to disclaim that has been executed and delivered, filed, or        724          

recorded as required by this section is final and binding upon     725          

all persons.                                                       726          

      (N)  The right to disclaim and the procedures for            728          

disclaimer established by this section are in addition to, and do  729          

not exclude or abridge, any other rights or procedures existing    730          

under any other section of the Revised Code or at common law to    731          

assign, convey, release, refuse to accept, renounce, waive, or     732          

disclaim property.                                                 733          

      (O)(1)  No person is liable for distributing or disposing    735          

of property in a manner inconsistent with the terms of a valid     736          

disclaimer if the distribution or disposition is otherwise proper  737          

and the person has no actual knowledge of the disclaimer.          738          

      (2)  No person is liable for distributing or disposing of    740          

property in reliance upon the terms of a disclaimer that is        741          

invalid because the right of disclaimer has been waived or barred  742          

if the distribution or disposition is otherwise proper and the     743          

person has no actual knowledge of the facts that constitute a      744          

waiver or bar to the right to disclaim.                            745          

      (P)(1)  A disclaimant may disclaim pursuant to this section  748          

any interest in property that is in existence on September 27,     749          

1976, if either the interest in the property or the taker of the   750          

interest in the property is not finally ascertained on that date.  751          

      (2)  No disclaimer executed pursuant to this section         753          

destroys or diminishes an interest in property that exists on      754          

September 27, 1976, in any person other than the disclaimant.      755          

      Sec. 2101.12.  The following records shall be kept by the    764          

probate court:                                                     765          

      (A)  An administration docket, showing the grant of letters  767          

of administration or letters testamentary, the name of the         768          

decedent, the amount of bond and names of sureties in the bond,    769          

and the date of filing and a brief note of each order or           770          

                                                          18     


                                                                 
proceeding relating to the estate with reference to the journal    771          

or other record in which the order or proceeding is found;         772          

      (B)  A guardian's docket, showing the name of each ward      774          

and, if the ward is an infant, his THE INFANT'S age and the name   775          

of his THE INFANT'S parents, the amount of bond and names of       777          

sureties in any bond, any limited powers or limited duration of    778          

powers, and the date of filing and a brief note of the orders and  779          

proceedings as described in division (A) of this section;          780          

      (C)  A civil docket, in which shall be noted the names of    782          

parties to actions and proceedings, the date of the commencement   783          

of the actions and proceedings and of the filing of the papers     784          

relating to the actions and proceedings, a brief note of the       785          

orders made in the actions and proceedings, and the date of        786          

entering the orders;                                               787          

      (D)  A journal, in which shall be kept minutes of official   789          

business transacted in the probate court, or by the probate        790          

judge, in civil actions and proceedings;                           791          

      (E)  A record of wills, in which the wills proved in the     793          

court shall be recorded with a certificate of the probate of the   794          

will, and wills proved elsewhere with the certificate of probate,  795          

authenticated copies of which have been admitted to record by the  796          

court;                                                             797          

      (F)  A final record that shall contain a complete record of  799          

each cause or matter and shall be completed within ninety days     800          

after the final order or judgment has been made in the cause or    801          

matter;                                                            802          

      (G)  An execution docket, in which shall be entered a        804          

memorandum of executions issued by the probate judge stating the   805          

names of the parties, the name of the person to whom the           806          

execution is delivered, his THE PERSON'S return on the execution,  808          

the date of issuing the execution, the amount ordered to be        809          

collected, stating the costs separately from the fine or damages,  810          

the payments on the execution, and the satisfaction of the         811          

execution when it is satisfied;                                    812          

                                                          19     


                                                                 
      (H)  A marriage record, in which shall be entered licenses,  814          

the names of the parties to whom a license is issued, the names    815          

of the persons applying for a license, a brief statement of the    816          

facts sworn to by persons applying for a license, and the returns  817          

of the person solemnizing the marriage;                            818          

      (I)  A naturalization record, in which shall be entered the  820          

declaration of intention of the person seeking to be naturalized,  821          

the oath of the person naturalized, and the affidavit or oath of   822          

witnesses who testify in his THE PERSON'S behalf, in which         823          

affidavit shall be stated the place of residence of the            825          

witnesses;                                                                      

      (J)  A permanent record of all births and deaths occurring   827          

within the county, reported as provided by law, which record       828          

shall be kept in the form and manner that may be designated by     829          

the director of health;                                            830          

      (K)  A separate record and index of adoptions, in            832          

accordance with section 3107.17 of the Revised Code;               833          

      (L)  A SUMMARY RELEASE FROM ADMINISTRATION DOCKET, SHOWING   835          

THE DATE OF THE FILING OF THE APPLICATION FOR A SUMMARY RELEASE    837          

FROM ADMINISTRATION PURSUANT TO SECTION 2113.031 OF THE REVISED    839          

CODE, THE DECEDENT'S NAME, THE APPLICANT'S NAME, WHETHER THE       840          

APPLICANT IS THE DECEDENT'S SURVIVING SPOUSE OR A PERSON           841          

DESCRIBED IN DIVISION (B)(1) OF THAT SECTION, AND A BRIEF NOTE OF  842          

THE GRANT OF THE ORDER OF SUMMARY RELEASE FROM ADMINISTRATION AND  843          

OF ANY OTHER ORDER OR PROCEEDING RELATING TO THE DECEDENT'S        844          

ESTATE, WITH REFERENCE TO THE JOURNAL OR OTHER RECORD IN WHICH     846          

THE ORDER OR PROCEEDING IS FOUND.                                               

      For each record required by this section, an index shall be  848          

maintained.  Each index shall be kept current with the entries in  849          

the record and shall refer to the entries alphabetically by the    850          

names of the persons as they were originally entered, indexing     851          

the page of the record where the entry is made.  On the order of   852          

the PROBATE judge, blankbooks, other record forms, or other        853          

record-keeping materials approved by the judge for such THE        854          

                                                          20     


                                                                 
records and indexes shall be furnished by the board of county      855          

commissioners at the expense of the county.                        856          

      Sec. 2101.16.  (A)  The fees enumerated in this division     865          

shall be charged and collected, if possible, by the probate judge  866          

and shall be in full for all services rendered in the respective   867          

proceedings:                                                       868          

(1)  Account, in addition to advertising charges..........$12.00   872          

        Waivers and proof of notice of hearing on account,         874          

        per page, minimum one dollar......................$ 1.00   876          

(2)  Account of distribution, in addition to advertising           878          

        charges...........................................$ 7.00   879          

(3)  Adoption of child, petition for......................$50.00   881          

(4)  Alter or cancel contract for sale or purchase of real         883          

        estate, petition to...............................$20.00   885          

(5)  Application and order not otherwise provided for in           887          

        this section or by rule adopted pursuant to                888          

        division (E) of this section......................$ 5.00   890          

(6)  Appropriation suit, per day, hearing in..............$20.00   893          

(7)  Birth, application for registration of...............$ 7.00   896          

(8)  Birth record, application to correct.................$ 5.00   899          

(9)  Bond, application for new or additional..............$ 5.00   902          

(10) Bond, application for release of surety or reduction          904          

        of................................................$ 5.00   905          

(11) Bond, receipt for securities deposited in lieu of....$ 5.00   908          

(12) Certified copy of journal entry, record, or                   910          

        proceeding, per page, minimum fee one dollar......$ 1.00   912          

(13) Citation and issuing citation, application for.......$ 5.00   915          

(14) Change of name, petition for.........................$20.00   918          

(15) Claim, application of administrator or executor for           920          

        allowance of administrator's or executor's own....$10.00   921          

(16) Claim, application to compromise or settle...........$10.00   923          

(17) Claim, authority to present..........................$10.00   926          

(18) Commissioner, appointment of.........................$ 5.00   929          

                                                          21     


                                                                 
(19) Compensation for extraordinary services and                   931          

        attorney's fees for fiduciary, application for....$ 5.00   933          

(20) Competency, application to procure adjudication of...$20.00   936          

(21) Complete contract, application to....................$10.00   939          

(22) Concealment of assets, citation for..................$10.00   942          

(23) Construction of will, petition for...................$20.00   945          

(24) Continue decedent's business, application to.........$10.00   948          

     Monthly reports of operation.........................$ 5.00   952          

(25) Declaratory judgment, petition for...................$20.00   955          

(26) Deposit of will......................................$ 5.00   958          

(27) Designation of heir..................................$20.00   961          

(28) Distribution in kind, application, assent, and order          963          

        for...............................................$ 5.00   964          

(29) Distribution under section 2109.36 of the Revised             966          

        Code, application for an order of.................$ 7.00   968          

(30) Docketing and indexing proceedings, including the             970          

        filing and noting of all necessary documents,              971          

        maximum fee, fifteen dollars......................$15.00   972          

(31) Exceptions to any proceeding named in this section,           974          

        contest of appointment or.........................$10.00   976          

(32) Election of surviving partner to purchase assets of           978          

        partnership, proceedings relating to..............$10.00   980          

(33) Election of surviving spouse under will..............$ 5.00   983          

(34) Fiduciary, including an assignee or trustee of an             985          

        insolvent debtor or any guardian or conservator            986          

        accountable to the probate court, appointment of..$35.00   988          

(35) Foreign will, application to record..................$10.00   991          

     Record of foreign will, additional, per page.........$ 1.00   994          

(36) Forms when supplied by the probate court, not to              996          

        exceed............................................$10.00   998          

(37) Heirship, petition to determine......................$20.00   1,001        

(38) Injunction proceedings...............................$20.00   1,004        

(39) Improve real estate, petition to.....................$20.00   1,007        

(40) Inventory with appraisement..........................$10.00   1,010        

                                                          22     


                                                                 
(41) Inventory without appraisement.......................$ 7.00   1,013        

(42) Investment or expenditure of funds, application for..$10.00   1,016        

(43) Invest in real estate, application to................$10.00   1,019        

(44) Lease for oil, gas, coal, or other mineral, petition          1,021        

        to................................................$20.00   1,022        

(45) Lease or lease and improve real estate, petition to..$20.00   1,025        

(46) Marriage license.....................................$10.00   1,028        

     Certified abstract of each marriage..................$ 2.00   1,031        

(47) Minor or mentally ill person, etc., disposal of               1,033        

        estate under ten thousand dollars of..............$10.00   1,035        

(48) Mortgage or mortgage and repair or improve real               1,037        

        estate, petition to...............................$20.00   1,039        

(49) Newly discovered assets, report of...................$ 7.00   1,042        

(50) Nonresident executor or administrator to bar                  1,044        

        creditors' claims, proceedings by.................$20.00   1,046        

(51) Power of attorney or revocation of power, bonding             1,048        

        company...........................................$10.00   1,049        

(52) Presumption of death, petition to establish..........$20.00   1,052        

(53) Probating will.......................................$15.00   1,055        

     Proof of notice to beneficiaries.....................$ 5.00   1,058        

(54) Purchase personal property, application of surviving          1,060        

        spouse to.........................................$10.00   1,062        

(55) Purchase real estate at appraised value, petition of          1,064        

        surviving spouse to...............................$20.00   1,066        

(56) Receipts in addition to advertising charges,                  1,068        

        application and order to record...................$ 5.00   1,070        

     Record of those receipts, additional, per page.......$ 1.00   1,073        

(57) Record in excess of fifteen hundred words in any              1,075        

        proceeding in the probate court, per page.........$ 1.00   1,077        

(58) Release of estate by mortgagee or other lienholder...$ 5.00   1,080        

(59) Relieving AN estate from administration UNDER SECTION         1,082        

        2113.03 OF THE REVISED CODE OR GRANTING AN ORDER                        

        FOR A SUMMARY RELEASE FROM ADMINISTRATION UNDER            1,083        

        SECTION 2113.031 OF THE REVISED CODE..............$60.00   1,084        

                                                          23     


                                                                 
(60) Removal of fiduciary, application for................$10.00   1,087        

(61) Requalification of executor or administrator.........$10.00   1,090        

(62) Resignation of fiduciary.............................$ 5.00   1,093        

(63) Sale bill, public sale of personal property..........$10.00   1,096        

(64) Sale of personal property and report, application             1,098        

        for...............................................$10.00   1,099        

(65) Sale of real estate, petition for....................$25.00   1,102        

(66) Terminate guardianship, petition to..................$10.00   1,105        

(67) Transfer of real estate, application, entry, and              1,107        

        certificate for...................................$ 7.00   1,109        

(68) Unclaimed money, application to invest...............$ 7.00   1,112        

(69) Vacate approval of account or order of distribution,          1,113        

        motion to.........................................$10.00   1,114        

(70) Writ of execution....................................$ 5.00   1,117        

(71) Writ of possession...................................$ 5.00   1,120        

(72) Wrongful death, application and settlement of claim           1,122        

        for...............................................$20.00   1,123        

(73) Year's allowance, petition to review.................$ 7.00   1,125        

(74) Guardian's report, filing and review of..............$ 5.00   1,128        

      (B)(1)  In relation to an application for the appointment    1,131        

of a guardian or the review of a report of a guardian under        1,132        

section 2111.49 of the Revised Code, the probate court, pursuant   1,133        

to court order or in accordance with a court rule, may direct      1,134        

that the applicant or the estate pay any or all of the expenses    1,135        

of an investigation conducted pursuant to section 2111.041 or      1,136        

division (A)(2) of section 2111.49 of the Revised Code.  If the    1,137        

investigation is conducted by a public employee or investigator    1,138        

who is paid by the county, the fees for the investigation shall    1,139        

be paid into the county treasury.  If the court finds that an      1,140        

alleged incompetent or a ward is indigent, the court may waive     1,141        

the costs, fees, and expenses of an investigation.                 1,142        

      (2)  In relation to the appointment or functioning of a      1,144        

guardian for a minor or the guardianship of a minor, the probate   1,145        

court may direct that the applicant or the estate pay any or all   1,147        

                                                          24     


                                                                 
of the expenses of an investigation conducted pursuant to section  1,148        

2111.042 of the Revised Code.  If the investigation is conducted   1,149        

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

the fees for the investigation shall be paid into the county       1,150        

treasury.  If the court finds that the guardian or applicant is    1,151        

indigent, the court may waive the costs, fees, and expenses of an  1,153        

investigation.                                                                  

      (C)  Thirty dollars of the thirty-five-dollar fee collected  1,155        

pursuant to division (A)(34) of this section and twenty dollars    1,156        

of the sixty-dollar fee collected pursuant to division (A)(59) of  1,158        

this section shall be deposited by the county treasurer in the     1,159        

indigent guardianship fund created pursuant to section 2111.51 of  1,160        

the Revised Code.                                                               

      (D)  The fees of witnesses, jurors, sheriffs, coroners, and  1,162        

constables for services rendered in the probate court or by order  1,163        

of the probate judge shall be the same as provided for like        1,164        

services in the court of common pleas.                             1,165        

      (E)  The probate court, by rule, may require an advance      1,167        

deposit for costs, not to exceed one hundred twenty-five dollars,  1,168        

at the time application is made for an appointment as executor or  1,169        

administrator or at the time a will is presented for probate.      1,170        

      (F)  The probate court, by rule, shall establish a           1,172        

reasonable fee, not to exceed fifty dollars, for the filing of a   1,173        

petition for the release of information regarding an adopted       1,174        

person's name by birth and the identity of the adopted person's    1,176        

biological parents and biological siblings pursuant to section                  

3107.41 of the Revised Code, all proceedings relative to the       1,178        

petition, the entry of an order relative to the petition, and all  1,179        

services required to be performed in connection with the           1,180        

petition.  The probate court may use a reasonable portion of a     1,181        

fee charged under authority of this division to reimburse any      1,182        

agency, as defined in section 3107.39 of the Revised Code, for     1,183        

any services it renders in performing a task described in section  1,184        

3107.41 of the Revised Code relative to or in connection with the  1,185        

                                                          25     


                                                                 
petition for which the fee was charged.                            1,186        

      (G)  Thirty dollars of the fifty-dollar fee collected        1,188        

pursuant to division (A)(3) of this section shall be deposited     1,189        

into the "putative father registry fund," which is hereby created  1,190        

in the state treasury.  The department of human services shall     1,191        

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

performing its duties related to the putative father registry      1,192        

established under section 3107.062 of the Revised Code.            1,193        

      Sec. 2101.24.  (A)(1)  Except as otherwise provided by law,  1,202        

the probate court has exclusive jurisdiction:                      1,203        

      (a)  To take the proof of wills and to admit to record       1,205        

authenticated copies of wills executed, proved, and allowed in     1,206        

the courts of any other state, territory, or country.  If the      1,207        

probate judge is unavoidably absent, any judge of the court of     1,208        

common pleas may take proof of wills and approve bonds to be       1,209        

given, but the record of these acts shall be preserved in the      1,210        

usual records of the probate court.                                1,211        

      (b)  To grant and revoke letters testamentary and of         1,213        

administration;                                                    1,214        

      (c)  To direct and control the conduct and settle the        1,216        

accounts of executors and administrators and order the             1,217        

distribution of estates;                                           1,218        

      (d)  To appoint the attorney general to serve as the         1,220        

administrator of an estate pursuant to section 2113.06 of the      1,221        

Revised Code;                                                                   

      (e)  To appoint and remove guardians, conservators, and      1,223        

testamentary trustees, direct and control their conduct, and       1,224        

settle their accounts;                                             1,225        

      (f)  To grant marriage licenses;                             1,227        

      (g)  To make inquests respecting persons who are so          1,229        

mentally impaired as a result of a mental or physical illness or   1,230        

disability, or mental retardation, or as a result of chronic       1,231        

substance abuse, that they are unable to manage their property     1,232        

and affairs effectively, subject to guardianship;                  1,233        

                                                          26     


                                                                 
      (h)  To qualify assignees, appoint and qualify trustees and  1,235        

commissioners of insolvents, control their conduct, and settle     1,236        

their accounts;                                                    1,237        

      (i)  To authorize the sale of lands, equitable estates, or   1,239        

interests in lands or equitable estates, and the assignments of    1,240        

inchoate dower in such cases of sale, on petition by executors,    1,241        

administrators, and guardians;                                     1,242        

      (j)  To authorize the completion of real estate contracts    1,244        

on petition of executors and administrators;                       1,245        

      (k)  To construe wills;                                      1,247        

      (l)  To render declaratory judgments, including, but not     1,249        

limited to, those rendered pursuant to section 2107.084 of the     1,250        

Revised Code;                                                      1,251        

      (m)  To direct and control the conduct of fiduciaries and    1,253        

settle their accounts;                                             1,254        

      (n)  To authorize the sale or lease of any estate created    1,256        

by will if the estate is held in trust, on petition by the         1,257        

trustee;                                                           1,258        

      (o)  To terminate a testamentary trust in any case in which  1,260        

a court of equity may do so;                                       1,261        

      (p)  To hear and determine actions to contest the validity   1,263        

of wills;                                                          1,264        

      (q)  To make a determination of the presumption of death of  1,266        

missing persons and to adjudicate the property rights and          1,267        

obligations of all parties affected by the presumption;            1,268        

      (r)  To hear and determine an action commenced pursuant to   1,270        

section 3107.41 of the Revised Code to obtain the release of       1,271        

information pertaining to the birth name of the adopted person     1,272        

and the identity of the adopted person's biological parents and    1,274        

biological siblings;                                               1,275        

      (s)  To act for and issue orders regarding wards pursuant    1,277        

to section 2111.50 of the Revised Code;                            1,278        

      (t)  To hear and determine actions against sureties on the   1,280        

bonds of fiduciaries appointed by the probate court;               1,281        

                                                          27     


                                                                 
      (u)  To hear and determine actions involving informed        1,283        

consent for medication of persons hospitalized pursuant to         1,284        

section 5122.141 or 5122.15 of the Revised Code;                   1,285        

      (v)  To hear and determine actions relating to durable       1,287        

powers of attorney for health care as described in division (D)    1,288        

of section 1337.16 of the Revised Code;                            1,289        

      (w)  To hear and determine actions commenced by objecting    1,291        

individuals, in accordance with section 2133.05 of the Revised     1,292        

Code;                                                              1,293        

      (x)  To hear and determine complaints that pertain to the    1,295        

use or continuation, or the withholding or withdrawal, of          1,296        

life-sustaining treatment in connection with certain patients      1,297        

allegedly in a terminal condition or in a permanently unconscious  1,298        

state pursuant to division (E) of section 2133.08 of the Revised   1,299        

Code, in accordance with that division;                            1,300        

      (y)  To hear and determine applications that pertain to the  1,302        

withholding or withdrawal of nutrition and hydration from certain  1,303        

patients allegedly in a permanently unconscious state pursuant to  1,304        

section 2133.09 of the Revised Code, in accordance with that       1,305        

section;                                                           1,306        

      (z)  To hear and determine applications of attending         1,308        

physicians in accordance with division (B) of section 2133.15 of   1,309        

the Revised Code;                                                  1,310        

      (aa)  To hear and determine actions relative to the use or   1,312        

continuation of comfort care in connection with certain            1,313        

principals under durable powers of attorney for health care,       1,314        

declarants under declarations, or patients in accordance with      1,315        

division (E) of either section 1337.16 or 2133.12 of the Revised   1,316        

Code;                                                              1,317        

      (bb)  TO HEAR AND DETERMINE APPLICATIONS FOR AN ORDER        1,319        

RELIEVING AN ESTATE FROM ADMINISTRATION UNDER SECTION 2113.03 OF   1,320        

THE REVISED CODE;                                                               

      (cc)  TO HEAR AND DETERMINE APPLICATIONS FOR AN ORDER        1,322        

GRANTING A SUMMARY RELEASE FROM ADMINISTRATION UNDER SECTION       1,323        

                                                          28     


                                                                 
2113.031 OF THE REVISED CODE.                                                   

      (2)  In addition to the exclusive jurisdiction conferred     1,325        

upon the probate court by division (A)(1) of this section, the     1,326        

probate court shall have exclusive jurisdiction over a particular  1,327        

subject matter if both of the following apply:                     1,328        

      (a)  Another section of the Revised Code expressly confers   1,330        

jurisdiction over that subject matter upon the probate court.      1,331        

      (b)  No section of the Revised Code expressly confers        1,333        

jurisdiction over that subject matter upon any other court or      1,334        

agency.                                                            1,335        

      (B)(1)  The probate court has concurrent jurisdiction with,  1,337        

and the same powers at law and in equity as, the general division  1,338        

of the court of common pleas to issue writs and orders, and to     1,339        

hear and determine actions as follows:                             1,340        

      (a)  If jurisdiction relative to a particular subject        1,342        

matter is stated to be concurrent in a section of the Revised      1,343        

Code or has been construed by judicial decision to be concurrent,  1,344        

any action that involves that subject matter;                      1,345        

      (b)  Any action that involves an inter vivos trust; a trust  1,347        

created pursuant to section 1339.51 of the Revised Code; a         1,348        

charitable trust or foundation; subject to divisions (A)(1)(u)     1,349        

and (z) of this section, a power of attorney, including, but not   1,350        

limited to, a durable power of attorney; the medical treatment of  1,351        

a competent adult; or a writ of habeas corpus.                     1,352        

      (2)  Any action that involves a concurrent jurisdiction      1,354        

subject matter and that is before the probate court may be         1,355        

transferred by the probate court, on its order, to the general     1,356        

division of the court of common pleas.                             1,357        

      (C)  The probate court has plenary power at law and in       1,359        

equity to dispose fully of any matter that is properly before the  1,360        

court, unless the power is expressly otherwise limited or denied   1,361        

by a section of the Revised Code.                                  1,362        

      (D)  The jurisdiction acquired by a probate court over a     1,364        

matter or proceeding is exclusive of that of any other probate     1,365        

                                                          29     


                                                                 
court, except when otherwise provided by law.                      1,366        

      Sec. 2106.10.  (A)  A surviving spouse may elect to          1,375        

receive, as part of the surviving spouse's share of an intestate   1,376        

estate under section 2105.06 of the Revised Code and the           1,377        

allowance for support under section 2106.13 of the Revised Code,   1,378        

the entire interest of the decedent spouse in the mansion house.   1,379        

The interest of the decedent spouse in the mansion house shall be  1,380        

valued at the appraised value with the deduction of that portion   1,381        

of all liens on the mansion house existing at the time of death    1,382        

and attributable to the decedent's interest in the mansion house.  1,383        

      (B)  The election pursuant to division (A) of this section   1,385        

shall be made at or before the time a final account is rendered.   1,386        

      (C)  If the spouse makes an election pursuant to division    1,388        

(A) of this section, the administrator or executor shall file,     1,389        

unless the election is one made under division (D) of this         1,390        

section, an application for a certificate of transfer as provided  1,391        

for in section 2113.61 of the Revised Code.  The application also  1,392        

shall contain an inventory of the property and the allowance for   1,393        

support that the spouse is entitled to receive under sections      1,395        

2105.06 and 2106.13 of the Revised Code.  If the value of the      1,397        

property and the allowance for support that the spouse is          1,398        

entitled to receive is equal to or greater than the value of the   1,399        

decedent's interest in the mansion house, the court shall issue    1,400        

the certificate of transfer.                                       1,401        

      (D)  The surviving spouse may make an election pursuant to   1,403        

division (A) of this section in an estate relieved from            1,404        

administration under section 2113.03 of the Revised Code OR IN AN  1,405        

ESTATE THAT IS SUBJECT TO AN ORDER GRANTING A SUMMARY RELEASE      1,406        

FROM ADMINISTRATION UNDER SECTION 2113.031 OF THE REVISED CODE.    1,407        

The election shall be made at the time of or prior to the entry    1,408        

of the order relieving the estate from administration OR THE       1,409        

ORDER GRANTING A SUMMARY RELEASE FROM ADMINISTRATION.  Either the  1,410        

SURVIVING spouse or the applicant for the order relieving the      1,411        

estate from administration shall file the application for THE      1,412        

                                                          30     


                                                                 
certificate of transfer under division (C) of this section.        1,413        

      (E)  If the surviving spouse dies prior to making an         1,415        

election pursuant to division (A) of this section, the surviving   1,416        

spouse shall be conclusively presumed not to have made an          1,417        

election pursuant to that division.  After the surviving spouse's  1,418        

death, no other person is authorized to make an election pursuant  1,419        

to that division on behalf of the estate of the surviving spouse.  1,420        

      (F)  As used in this section, the mansion house includes     1,422        

the decedent's title in the parcel of land on which the house is   1,423        

situated and, at the option of the surviving spouse, the           1,424        

decedent's title in the household goods contained within the       1,425        

house and the lots or farm land FARMLAND adjacent to the house     1,426        

and used in conjunction with it as the home of the decedent.       1,428        

      Sec. 2106.13.  (A)  If a person dies leaving a surviving     1,437        

spouse and no minor children, leaving a surviving spouse and       1,438        

minor children, or leaving minor children and no surviving         1,439        

spouse, the surviving spouse, minor children, or both shall be     1,440        

entitled to receive, subject to division (B) of this section, in   1,441        

money or property the sum of forty thousand dollars as an          1,443        

allowance for support.  If the surviving spouse selected two                    

automobiles under section 2106.18 of the Revised Code, the         1,444        

allowance for support prescribed by this section shall be reduced  1,446        

by the appraised value of the automobile having the lower          1,448        

appraised value of the two automobiles so selected.  The money or  1,449        

property set off as an allowance for support shall be considered   1,450        

estate assets.                                                                  

      (B)  The probate court shall order the distribution of the   1,452        

allowance for support described in division (A) of this section    1,453        

as follows:                                                        1,454        

      (1)  If the person died leaving a surviving spouse and no    1,456        

minor children, one hundred per cent to the surviving spouse;      1,457        

      (2)  If the person died leaving a surviving spouse and       1,459        

minor children, and if all of the minor children are the children  1,460        

of the surviving spouse, one hundred per cent to the surviving     1,461        

                                                          31     


                                                                 
spouse;                                                            1,462        

      (3)  If the person died leaving a surviving spouse and       1,464        

minor children, and if not all of the minor children are children  1,465        

of the surviving spouse, in equitable shares, as fixed by the      1,466        

probate court in accordance with this division, to the surviving   1,467        

spouse and the minor children who are not the children of the      1,468        

surviving spouse.  In determining equitable shares under this      1,469        

division, the probate court shall do all of the following:         1,470        

      (a)  Consider the respective needs of the surviving spouse,  1,472        

the minor children who are children of the surviving spouse, and   1,473        

the minor children who are not children of the surviving spouse;   1,474        

      (b)  Allocate to the surviving spouse, the share that is     1,476        

equitable in light of the needs of the surviving spouse and the    1,477        

minor children who are children of the surviving spouse;           1,478        

      (c)  Allocate to the minor children who are not children of  1,480        

the surviving spouse, the share that is equitable in light of the  1,481        

needs of those minor children.                                     1,482        

      (4)  If the person died leaving minor children and no        1,484        

surviving spouse, in equitable shares, as fixed by the probate     1,485        

court in accordance with this division, to the minor children. In  1,487        

determining equitable shares under this division, the probate                   

court shall consider the respective needs of the minor children    1,488        

and allocate to each minor child the share that is equitable in    1,489        

light of the child's needs.                                        1,490        

      (C)  If the surviving spouse selected two automobiles under  1,492        

section 2106.18 of the Revised Code, the probate court, in         1,494        

considering the respective needs of the surviving spouse and the   1,495        

minor children when allocating an allowance for support under      1,496        

division (B)(3) of this section, shall consider the benefit        1,497        

derived by the surviving spouse from the transfer of the                        

automobile having the lower appraised value of the two             1,498        

automobiles so selected.                                                        

      (D)  FOR THE PURPOSES OF THIS SECTION, THE VALUE OF AN       1,500        

AUTOMOBILE THAT A SURVIVING SPOUSE SELECTS PURSUANT TO SECTION     1,501        

                                                          32     


                                                                 
2106.18 OF THE REVISED CODE IS THE VALUE THAT THE SURVIVING        1,502        

SPOUSE SPECIFIES FOR THE AUTOMOBILE IN THE AFFIDAVIT EXECUTED      1,503        

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

      Sec. 2106.18.  (A)  Upon the death of a married resident     1,512        

who owned at least one automobile at the time of death, the        1,513        

interest of the deceased spouse in up to two automobiles that are  1,515        

not transferred to the surviving spouse due to joint ownership     1,516        

with right of survivorship established under section 2106.17 of    1,517        

the Revised Code, and that are not otherwise specifically          1,519        

disposed of by testamentary disposition, may be selected by the    1,520        

surviving spouse.  This interest shall immediately pass to the     1,522        

surviving spouse upon transfer of the title or titles in                        

accordance with section 4505.10 of the Revised Code.  The sum      1,525        

total of the appraised values of the automobiles selected by a     1,527        

surviving spouse under this division, AS SPECIFIED IN THE                       

AFFIDAVIT THAT THE SURVIVING SPOUSE EXECUTES PURSUANT TO DIVISION  1,528        

(B) OF SECTION 4505.10 OF THE REVISED CODE, shall not exceed       1,529        

forty thousand dollars.  Each automobile that passes to a          1,530        

surviving spouse under this division shall not be considered an    1,531        

estate asset and shall not be included and stated in the estate    1,532        

inventory.                                                                      

      (B)  The executor or administrator, with the approval of     1,534        

the probate court, may transfer title to an automobile owned by    1,535        

the decedent to any of the following:                              1,536        

      (1)  The surviving spouse, when the automobile is purchased  1,539        

by the surviving spouse pursuant to section 2106.16 of the         1,540        

Revised Code;                                                                   

      (2)  A distributee;                                          1,542        

      (3)  A purchaser.                                            1,544        

      (C)  The executor or administrator may transfer title to an  1,546        

automobile owned by the decedent without the approval of the       1,547        

probate court to any of the following:                             1,548        

      (1)  A legatee entitled to the automobile under the terms    1,551        

of the will;                                                                    

                                                          33     


                                                                 
      (2)  A distributee if the distribution of the automobile is  1,554        

made without court order pursuant to section 2113.55 of the                     

Revised Code;                                                      1,555        

      (3)  A purchaser if the sale of the automobile is made       1,557        

pursuant to section 2113.39 of the Revised Code.                   1,558        

      (D)  As used in division (A) of this section, "automobile"   1,560        

includes a truck if the deceased spouse did not own an automobile  1,562        

and if the truck was used as a method of conveyance by the         1,563        

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

deceased spouse was alive.                                         1,565        

      Sec. 2107.501.  (A)  A specific devisee or legatee has the   1,574        

right of the remaining specifically devised or bequeathed          1,575        

property, and:                                                     1,576        

      (1)  Any balance on the purchase price, together with any    1,578        

security interest owing from a purchaser to the testator at death  1,579        

by reason of sale of the property;                                 1,580        

      (2)  Any amount of condemnation award unpaid at death for    1,582        

the taking of the property;                                        1,583        

      (3)  Any proceeds unpaid at death on fire or casualty        1,585        

insurance on the property;                                         1,586        

      (4)  Property owned by the testator at his death as a        1,588        

result of foreclosure, or obtained in lieu of foreclosure, of the  1,589        

security for a specifically devised or bequeathed obligation.      1,590        

      (B)  If specifically devised or bequeathed property is sold  1,592        

by a guardian, BY AN AGENT ACTING WITHIN THE AUTHORITY OF A POWER  1,593        

OF ATTORNEY, OR BY AN AGENT ACTING WITHIN THE AUTHORITY OF A       1,594        

DURABLE POWER OF ATTORNEY, or if a condemnation award or           1,595        

insurance proceeds are paid to a guardian, TO AN AGENT ACTING      1,596        

WITHIN THE AUTHORITY OF A POWER OF ATTORNEY, OR TO AN AGENT        1,597        

ACTING WITHIN THE AUTHORITY OF A DURABLE POWER OF ATTORNEY as a    1,598        

result of condemnation, fire, or casualty to the property, the     1,599        

specific devisee or legatee has the right to a general pecuniary   1,600        

devise or bequest equal to the net proceeds of sale, the           1,601        

condemnation award, or the insurance proceeds, and such a devise   1,602        

                                                          34     


                                                                 
or bequest shall be treated as property subject to section         1,603        

2107.54 of the Revised Code.  This section does not apply if       1,604        

subsequent to the sale, condemnation, FIRE, or casualty, it is     1,605        

adjudicated that the disability of the testator has ceased and     1,606        

the testator survives the adjudication by one year.  The right of  1,607        

the specific devisee or legatee is reduced by any right he THE     1,608        

SPECIFIC DEVISEE OR LEGATEE has under division (A) of this         1,609        

section.                                                                        

      Sec. 2113.03.  (A)  Subject to division (D) of this          1,618        

section, an estate may be released from administration under       1,619        

division (B) of this section if either of the following applies:   1,620        

      (1)  The value of the assets of the estate is thirty-five    1,622        

thousand dollars or less.                                          1,623        

      (2)  The value of the assets of the estate is one hundred    1,626        

thousand dollars or less and either of the following applies:      1,627        

      (a)  The decedent devised and bequeathed in a valid will     1,629        

all of the assets of the decedent's estate to a person who is      1,631        

named in the will as the decedent's spouse, and the decedent is    1,632        

survived by that person.                                           1,633        

      (b)  The decedent is survived by a spouse whose marriage to  1,635        

the decedent was solemnized in a manner consistent with Chapter    1,636        

3101. of the Revised Code or with a similar law of another state   1,637        

or nation, the decedent died without a valid will, and the         1,638        

decedent's surviving spouse is entitled to receive all of the      1,639        

assets of the decedent's estate under section 2105.06 of the       1,640        

Revised Code or by the operation of that section and division      1,642        

(B)(1) or (2) of section 2106.13 of the Revised Code.              1,643        

      (B)  Upon the application of any interested party, after     1,645        

notice of the filing of the application has been given to the      1,646        

surviving spouse and heirs at law in the manner and for the        1,647        

length of time the probate court directs, and after notice to all  1,648        

interested parties by publication in a newspaper of general        1,649        

circulation in the county, unless the notices are waived or found  1,650        

unnecessary, the court, when satisfied that division (A)(1) or     1,651        

                                                          35     


                                                                 
(2) of this section is satisfied, may enter an order relieving     1,652        

the estate from administration and directing delivery of personal  1,653        

property and transfer of real estate to the persons entitled to    1,654        

the personal property or real estate.                              1,655        

      For the purposes of this section, the value of an estate     1,658        

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    1,659        

entirely of money, stocks, bonds, or other property the value of   1,660        

which is readily ascertainable, shall be determined by an          1,661        

appraiser selected by the applicant, subject to the approval of    1,662        

the court.  The appraiser's valuation of the property shall be     1,663        

reported to the court in the application to relieve the estate     1,664        

from administration.  The appraiser shall be paid in accordance    1,665        

with section 2115.06 of the Revised Code.                          1,666        

      For the purposes of this section, the amount of property to  1,670        

be delivered or transferred to the surviving spouse, minor                      

children, or both, of the decedent as the allowance for support    1,671        

shall be established in accordance with section 2106.13 of the     1,672        

Revised Code.                                                      1,673        

      When a delivery, sale, or transfer of personal property has  1,675        

been ordered from an estate that has been relieved from            1,676        

administration, the court may appoint a commissioner to execute    1,677        

all necessary instruments of conveyance.  The commissioner shall   1,678        

receipt for the property, distribute the proceeds of the           1,679        

conveyance upon court order, and report to the court after         1,680        

distribution.                                                      1,681        

      When the decedent died testate, the will shall be presented  1,683        

for probate, and, if admitted to probate, the court may relieve    1,684        

the estate from administration and order distribution of the       1,685        

estate under the will.                                             1,686        

      An order of the court relieving an estate from               1,688        

administration shall have the same effect as administration        1,689        

proceedings in freeing land in the hands of an innocent purchaser  1,690        

for value from possible claims of unsecured creditors.             1,691        

                                                          36     


                                                                 
      (C)  Any delivery of personal property or transfer of real   1,693        

estate pursuant to an order relieving an estate from               1,694        

administration is made subject to the limitations pertaining to    1,695        

the claims of creditors set forth in divisions (B) and (C) of      1,696        

section 2117.06 of the Revised Code.                               1,697        

      (D)  The release of an estate from administration under      1,699        

this section does not affect any duty of any person to file an     1,700        

estate tax return and certificate under division (A) of section    1,701        

5731.21 of the Revised Code and does not affect the duties of a    1,702        

probate court set forth in that division.                          1,703        

      (E)  THIS SECTION DOES NOT AFFECT THE ABILITY OF QUALIFIED   1,705        

PERSONS TO FILE AN APPLICATION FOR A SUMMARY RELEASE FROM          1,706        

ADMINISTRATION UNDER SECTION 2113.031 OF THE REVISED CODE OR TO    1,707        

FILE AN APPLICATION FOR THE GRANT OF LETTERS TESTAMENTARY OR       1,708        

LETTERS OF ADMINISTRATION.                                         1,709        

      Sec. 2113.031.  (A)  AS USED IN THIS SECTION:                1,711        

      (1)  "FINANCIAL INSTITUTION" HAS THE SAME MEANING AS IN      1,713        

SECTION 5725.01 OF THE REVISED CODE.  "FINANCIAL INSTITUTION"      1,715        

ALSO INCLUDES A CREDIT UNION AND A FIDUCIARY THAT IS NOT A TRUST   1,716        

COMPANY BUT THAT DOES TRUST BUSINESS.                              1,717        

      (2)  "FUNERAL AND BURIAL EXPENSES" MEANS WHICHEVER OF THE    1,719        

FOLLOWING APPLIES:                                                 1,720        

      (a)  THE FUNERAL AND BURIAL EXPENSES OF THE DECEDENT THAT    1,723        

ARE INCLUDED IN THE BILL OF A FUNERAL DIRECTOR;                    1,724        

      (b)  THE FUNERAL EXPENSES OF THE DECEDENT THAT ARE NOT       1,727        

INCLUDED IN THE BILL OF A FUNERAL DIRECTOR AND THAT HAVE BEEN      1,728        

APPROVED BY THE PROBATE COURT;                                                  

      (c)  THE FUNERAL AND BURIAL EXPENSES OF THE DECEDENT THAT    1,731        

ARE DESCRIBED IN DIVISIONS (A)(2)(a) AND (b) OF THIS SECTION.      1,732        

      (3)  "SURVIVING SPOUSE" MEANS EITHER OF THE FOLLOWING:       1,735        

      (a)  THE SURVIVING SPOUSE OF A DECEDENT WHO DIED LEAVING     1,738        

THE SURVIVING SPOUSE AND NO MINOR CHILDREN;                        1,739        

      (b)  THE SURVIVING SPOUSE OF A DECEDENT WHO DIED LEAVING     1,742        

THE SURVIVING SPOUSE AND MINOR CHILDREN, ALL OF WHOM ARE CHILDREN  1,743        

                                                          37     


                                                                 
OF THE DECEDENT AND THE SURVIVING SPOUSE.                                       

      (B)(1)  IF THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE  1,746        

DOES NOT EXCEED THE LESSER OF TWO THOUSAND DOLLARS OR THE AMOUNT   1,747        

OF THE DECEDENT'S FUNERAL AND BURIAL EXPENSES, ANY PERSON WHO IS   1,748        

NOT A SURVIVING SPOUSE AND WHO HAS PAID OR IS OBLIGATED IN         1,749        

WRITING TO PAY THE DECEDENT'S FUNERAL AND BURIAL EXPENSES MAY      1,750        

APPLY TO THE PROBATE COURT FOR AN ORDER GRANTING A SUMMARY         1,751        

RELEASE FROM ADMINISTRATION IN ACCORDANCE WITH THIS SECTION.       1,752        

      (2)  IF EITHER OF THE FOLLOWING APPLIES, THE DECEDENT'S      1,754        

SURVIVING SPOUSE MAY APPLY TO THE PROBATE COURT FOR AN ORDER       1,755        

GRANTING A SUMMARY RELEASE FROM ADMINISTRATION IN ACCORDANCE WITH  1,757        

THIS SECTION:                                                                   

      (a)  THE DECEDENT'S FUNERAL AND BURIAL EXPENSES HAVE BEEN    1,760        

PREPAID, AND THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE      1,761        

DOES NOT EXCEED THE TOTAL OF THE FOLLOWING ITEMS:                  1,762        

      (i)  THE ALLOWANCE FOR SUPPORT THAT IS MADE UNDER DIVISION   1,765        

(A) OF SECTION 2106.13 OF THE REVISED CODE TO THE SURVIVING        1,767        

SPOUSE AND, IF APPLICABLE, TO THE DECEDENT'S MINOR CHILDREN AND    1,768        

THAT IS DISTRIBUTABLE IN ACCORDANCE WITH DIVISION (B)(1) OR (2)    1,770        

OF THAT SECTION;                                                                

      (ii)  AN AMOUNT, NOT EXCEEDING TWO THOUSAND DOLLARS, FOR     1,773        

THE DECEDENT'S FUNERAL AND BURIAL EXPENSES REFERRED TO IN          1,774        

DIVISION (A)(2)(c) OF THIS SECTION.                                1,775        

      (b)  THE DECEDENT'S FUNERAL AND BURIAL EXPENSES HAVE NOT     1,778        

BEEN PREPAID, THE DECEDENT'S SURVIVING SPOUSE HAS PAID OR IS       1,779        

OBLIGATED IN WRITING TO PAY THE DECEDENT'S FUNERAL AND BURIAL      1,780        

EXPENSES, AND THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE     1,781        

DOES NOT EXCEED THE TOTAL OF THE ITEMS REFERRED TO IN DIVISIONS    1,782        

(B)(2)(a)(i) AND (ii) OF THIS SECTION.                             1,783        

      (C)  A PROBATE COURT SHALL ORDER A SUMMARY RELEASE FROM      1,786        

ADMINISTRATION IN CONNECTION WITH A DECEDENT'S ESTATE ONLY IF THE  1,787        

COURT FINDS THAT ALL OF THE FOLLOWING ARE SATISFIED:               1,788        

      (1)  A PERSON DESCRIBED IN DIVISION (B)(1) OF THIS SECTION   1,791        

IS THE APPLICANT FOR A SUMMARY RELEASE FROM ADMINISTRATION, AND    1,793        

                                                          38     


                                                                 
THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE DOES NOT EXCEED   1,794        

THE LESSER OF TWO THOUSAND DOLLARS OR THE AMOUNT OF THE            1,795        

DECEDENT'S FUNERAL AND BURIAL EXPENSES, OR THE APPLICANT FOR A     1,796        

SUMMARY RELEASE FROM ADMINISTRATION IS THE DECEDENT'S SURVIVING    1,797        

SPOUSE, AND THE CIRCUMSTANCES DESCRIBED IN DIVISION (B)(2)(a) OR   1,798        

(b) OF THIS SECTION APPLY.                                         1,799        

      (2)  THE APPLICATION FOR A SUMMARY RELEASE FROM              1,801        

ADMINISTRATION DOES ALL OF THE FOLLOWING:                          1,802        

      (a)  DESCRIBES ALL ASSETS OF THE DECEDENT'S ESTATE THAT ARE  1,805        

KNOWN TO THE APPLICANT;                                            1,806        

      (b)  IS IN THE FORM THAT THE SUPREME COURT PRESCRIBES        1,809        

PURSUANT TO ITS POWERS OF SUPERINTENDENCE UNDER SECTION 5 OF       1,810        

ARTICLE IV, OHIO CONSTITUTION, AND IS CONSISTENT WITH THE          1,812        

REQUIREMENTS OF THIS DIVISION;                                                  

      (c)  HAS BEEN SIGNED AND ACKNOWLEDGED BY THE APPLICANT IN    1,815        

THE PRESENCE OF A NOTARY PUBLIC OR A DEPUTY CLERK OF THE PROBATE   1,816        

COURT;                                                                          

      (d)  SETS FORTH THE FOLLOWING INFORMATION IF THE DECEDENT'S  1,819        

ESTATE INCLUDES A DESCRIBED TYPE OF ASSET:                         1,820        

      (i)  IF THE DECEDENT'S ESTATE INCLUDES A MOTOR VEHICLE, THE  1,823        

MOTOR VEHICLE'S YEAR, MAKE, MODEL, BODY TYPE, MANUFACTURER'S       1,824        

VEHICLE IDENTIFICATION NUMBER, CERTIFICATE OF TITLE NUMBER, AND    1,825        

DATE OF DEATH VALUE;                                                            

      (ii)  IF THE DECEDENT'S ESTATE INCLUDES AN ACCOUNT           1,828        

MAINTAINED BY A FINANCIAL INSTITUTION, THAT INSTITUTION'S NAME     1,829        

AND THE ACCOUNT'S COMPLETE IDENTIFYING NUMBER AND DATE OF DEATH    1,830        

BALANCE;                                                                        

      (iii)  IF THE DECEDENT'S ESTATE INCLUDES ONE OR MORE SHARES  1,833        

OF STOCK OR BONDS, THE TOTAL NUMBER OF THE SHARES AND BONDS AND    1,834        

THEIR TOTAL DATE OF DEATH VALUE AND, FOR EACH SHARE OR BOND, ITS   1,835        

SERIAL NUMBER, THE NAME OF ITS ISSUER, ITS DATE OF DEATH VALUE,    1,836        

AND, IF ANY, THE NAME AND ADDRESS OF ITS TRANSFER AGENT.           1,837        

      (3)  THE APPLICATION FOR A SUMMARY RELEASE FROM              1,839        

ADMINISTRATION IS ACCOMPANIED BY ALL OF THE FOLLOWING THAT APPLY:  1,840        

                                                          39     


                                                                 
      (a)  A RECEIPT, CONTRACT, OR OTHER DOCUMENT THAT CONFIRMS    1,843        

THE APPLICANT'S PAYMENT OR OBLIGATION TO PAY THE DECEDENT'S        1,844        

FUNERAL AND BURIAL EXPENSES OR, IF APPLICABLE IN THE CASE OF THE   1,845        

DECEDENT'S SURVIVING SPOUSE, THE PREPAYMENT OF THE DECEDENT'S      1,846        

FUNERAL AND BURIAL EXPENSES;                                                    

      (b)  AN APPLICATION FOR A CERTIFICATE OF TRANSFER AS         1,849        

DESCRIBED IN SECTION 2113.61 OF THE REVISED CODE, IF AN INTEREST   1,850        

IN REAL PROPERTY IS INCLUDED IN THE ASSETS OF THE DECEDENT'S       1,851        

ESTATE;                                                            1,852        

      (c)  THE FEE REQUIRED BY DIVISION (A)(59) OF SECTION         1,855        

2101.16 OF THE REVISED CODE.                                       1,856        

      (4)  AT THE TIME OF ITS DETERMINATION ON THE APPLICATION,    1,858        

THERE ARE NO PENDING PROCEEDINGS FOR THE ADMINISTRATION OF THE     1,860        

DECEDENT'S ESTATE AND NO PENDING PROCEEDINGS FOR RELIEF OF THE     1,861        

DECEDENT'S ESTATE FROM ADMINISTRATION UNDER SECTION 2113.03 OF     1,862        

THE REVISED CODE.                                                  1,863        

      (5)  AT THE TIME OF ITS DETERMINATION ON THE APPLICATION,    1,866        

THERE ARE NO KNOWN ASSETS OF THE DECEDENT'S ESTATE OTHER THAN THE  1,867        

ASSETS DESCRIBED IN THE APPLICATION.                                            

      (D)  IF THE PROBATE COURT DETERMINES THAT THE REQUIREMENTS   1,870        

OF DIVISION (C) OF THIS SECTION ARE SATISFIED, THE PROBATE COURT   1,872        

SHALL ISSUE AN ORDER THAT GRANTS A SUMMARY RELEASE FROM            1,873        

ADMINISTRATION IN CONNECTION WITH THE DECEDENT'S ESTATE.  THE      1,874        

ORDER HAS, AND SHALL SPECIFY THAT IT HAS, ALL OF THE FOLLOWING     1,875        

EFFECTS:                                                                        

      (1)  IT RELIEVES THE DECEDENT'S ESTATE FROM ADMINISTRATION.  1,878        

      (2)  IT DIRECTS THE DELIVERY TO THE APPLICANT OF THE         1,880        

DECEDENT'S PERSONAL PROPERTY TOGETHER WITH THE TITLE TO THAT       1,881        

PROPERTY.                                                          1,882        

      (3)  IT DIRECTS THE TRANSFER TO THE APPLICANT OF THE TITLE   1,884        

TO ANY INTERESTS IN REAL PROPERTY INCLUDED IN THE DECEDENT'S       1,885        

ESTATE.                                                            1,886        

      (4)  IT ELIMINATES THE DUTY OF ALL PERSONS TO FILE AN        1,888        

ESTATE TAX RETURN AND CERTIFICATE UNDER DIVISION (A) OF SECTION    1,890        

                                                          40     


                                                                 
5731.21 OF THE REVISED CODE IN CONNECTION WITH THE DECEDENT'S      1,892        

ESTATE.                                                                         

      (5)  IT ELIMINATES THE NEED FOR A FINANCIAL INSTITUTION,     1,894        

CORPORATION, OR OTHER ENTITY OR PERSON REFERRED TO IN ANY          1,895        

PROVISION OF DIVISIONS (A) TO (F) OF SECTION 5731.39 OF THE        1,898        

REVISED CODE TO OBTAIN, AS OTHERWISE WOULD BE REQUIRED BY ANY OF   1,899        

THOSE DIVISIONS, THE WRITTEN CONSENT OF THE TAX COMMISSIONER                    

PRIOR TO THE DELIVERY, TRANSFER, OR PAYMENT TO THE APPLICANT OF    1,900        

AN ASSET OF THE DECENDENT'S ESTATE.                                1,901        

      (E)  A CERTIFIED COPY OF AN ORDER THAT GRANTS A SUMMARY      1,904        

RELEASE FROM ADMINISTRATION TOGETHER WITH A CERTIFIED COPY OF THE  1,905        

APPLICATION FOR THAT ORDER CONSTITUTES SUFFICIENT AUTHORITY FOR A  1,906        

FINANCIAL INSTITUTION, CORPORATION, OR OTHER ENTITY OR PERSON      1,907        

REFERRED TO IN DIVISIONS (A) TO (F) OF SECTION 5731.39 OF THE      1,910        

REVISED CODE OR FOR A CLERK OF A COURT OF COMMON PLEAS TO          1,911        

TRANSFER TITLE TO AN ASSET OF THE DECEDENT'S ESTATE TO THE         1,912        

APPLICANT FOR THE SUMMARY RELEASE FROM ADMINISTRATION.             1,913        

      (F)  THIS SECTION DOES NOT AFFECT THE ABILITY OF QUALIFIED   1,916        

PERSONS TO FILE AN APPLICATION TO RELIEVE AN ESTATE FROM           1,917        

ADMINISTRATION UNDER SECTION 2113.03 OF THE REVISED CODE OR TO     1,919        

FILE AN APPLICATION FOR THE GRANT OF LETTERS TESTAMENTARY OR       1,920        

LETTERS OF ADMINISTRATION IN CONNECTION WITH THE DECEDENT'S        1,921        

ESTATE.                                                                         

      Sec. 2113.61.  (A)(1)  When real property passes by the      1,930        

laws of intestate succession or under a will, the administrator    1,931        

or executor shall file in probate court, prior to the filing of    1,932        

his THE ADMINISTRATOR'S OR EXECUTOR'S final account, an            1,933        

application requesting the court to issue a certificate of         1,934        

transfer as to the real property.  Real property sold by an        1,936        

executor or administrator or land registered under Chapters 5309.  1,937        

and 5310. of the Revised Code are IS excepted from the             1,938        

application requirement.  Cases in which an order has been made    1,939        

UNDER SECTION 2113.03 OF THE REVISED CODE relieving an estate                   

from administration and in which the order directing transfer of   1,941        

                                                          41     


                                                                 
real property to the person entitled to it may be substituted for  1,942        

the certificate of transfer also are excepted from the             1,943        

application requirement.                                                        

      (2)  IN ACCORDANCE WITH DIVISION (C)(3)(b) OF SECTION        1,946        

2113.031 OF THE REVISED CODE, AN APPLICATION FOR A CERTIFICATE OF  1,948        

TRANSFER OF AN INTEREST IN REAL PROPERTY INCLUDED IN THE ASSETS    1,949        

OF THE DECEDENT'S ESTATE SHALL ACCOMPANY AN APPLICATION FOR A      1,950        

SUMMARY RELEASE FROM ADMINISTRATION UNDER THAT SECTION.  THIS      1,951        

SECTION APPLIES TO THE APPLICATION FOR AND THE ISSUANCE OF THE     1,952        

REQUESTED CERTIFICATE OF TRANSFER EXCEPT TO THE EXTENT THAT THE    1,953        

PROBATE COURT DETERMINES THAT THE NATURE OF ANY OF THE PROVISIONS  1,954        

OF THIS SECTION IS INCONSISTENT WITH THE NATURE OF A GRANT OF A    1,955        

SUMMARY RELEASE FROM ADMINISTRATION.                               1,956        

      (B)  The SUBJECT TO DIVISION (A)(2) OF THIS SECTION, THE     1,959        

application for a certificate of transfer shall contain all of     1,960        

the following:                                                                  

      (1)  The name, place of residence at death, and date of      1,962        

death of the decedent;                                             1,963        

      (2)  A statement whether the decedent died testate or        1,965        

intestate;                                                         1,966        

      (3)  The fact and date of the filing and probate of the      1,968        

will, if applicable, and the fact and date of the appointment of   1,969        

the administrator or executor;                                     1,970        

      (4)  A description of each parcel of real property situated  1,972        

in this state that is owned by the decedent at the time of his     1,973        

death;                                                             1,974        

      (5)  Insofar as they can be ascertained, the names, ages,    1,976        

places of residence, and relationship to the decedent of the       1,977        

persons to whom each parcel of real property described in          1,978        

division (B)(4) of this section passed by descent or devise;       1,979        

      (6)  A statement that all the known debts of the decedent's  1,981        

estate have been paid or secured to be paid, or that sufficient    1,982        

other assets are in hand to complete the payment of those debts;   1,983        

      (7)  Other pertinent information that the court requires.    1,985        

                                                          42     


                                                                 
      (C)  The SUBJECT TO DIVISION (A)(2) OF THIS SECTION, THE     1,988        

court shall issue a certificate of transfer for record in each     1,989        

county in this state in which real property so passing is          1,990        

situated, that shall recite all of the following:                               

      (1)  The name and date of death of the decedent;             1,992        

      (2)  Whether the decedent died testate or intestate and, if  1,994        

testate, the volume and page of the record of the will;            1,995        

      (3)  The volume and page of the probate court record of the  1,997        

administration of the estate;                                      1,998        

      (4)  The names and places of residence of the devisees, the  2,000        

interests passing to them, the names and places of residence of    2,001        

the persons inheriting intestate, and the interests inherited by   2,002        

them, in each parcel of real property described in division        2,003        

(B)(4) of this section;                                            2,004        

      (5)  A description of each parcel of real property           2,006        

described in division (B)(4) of this section;                      2,007        

      (6)  Other information that in the opinion of the court      2,009        

should be included.                                                2,010        

      (D)  If an executor or administrator has failed to file an   2,012        

application for a certificate of transfer before being             2,013        

discharged, the application may be filed by an heir or devisee,    2,014        

or a successor in interest, in the probate court in which the      2,015        

testator's will was probated or, in the case of intestate          2,016        

estates, in the probate court in which administration was had.     2,017        

If no administration was had on an estate and if no                2,018        

administration is contemplated, EXCEPT IN THE CASE OF THE GRANT    2,019        

OF OR CONTEMPLATED APPLICATION FOR THE GRANT OF AN ORDER OF A      2,020        

SUMMARY RELEASE FROM ADMINISTRATION UNDER SECTION 2113.031 OF THE  2,021        

REVISED CODE, an application for a certificate of transfer may be  2,023        

filed by an heir or devisee, or a successor in interest, in the    2,024        

probate court of the county in which the decedent was a resident   2,025        

at the time of his death.                                                       

      A foreign executor or administrator, when no ancillary       2,027        

administration proceedings have been had or are being had in this  2,028        

                                                          43     


                                                                 
state, may file in accordance with this section an application     2,029        

for a certificate of transfer in the probate court of any county   2,030        

of this state in which real property of the decedent is located.   2,031        

      When a person who has entered into a written contract for    2,033        

the sale and conveyance of an interest in real property dies       2,034        

before its completion, the interest of the decedent in the         2,035        

contract and the record title to the real property described in    2,036        

the contract may be transferred to the persons, legatees,          2,037        

devisees, or heirs at law entitled to the interest of the          2,038        

decedent in the real property, in the same manner as provided in   2,039        

this section and sections 2113.62 and 2113.63 of the Revised Code  2,040        

for the transfer of real property.  The application for the        2,041        

certificate of transfer and the certificate itself also shall      2,042        

recite that the real property described in the application or      2,043        

certificate is subject to a written contract for its sale and      2,044        

conveyance.                                                        2,045        

      Sec. 2131.10.  A natural person, adult or minor, referred    2,054        

to in sections 2131.10 and 2131.11 of the Revised Code as the      2,055        

owner, may enter into a written contract with any bank, building   2,056        

and loan or savings and loan association, credit union, or         2,057        

society for savings, authorized to receive money on an investment  2,058        

share certificate, share account, deposit, or stock deposit, and   2,059        

transacting business in this state, whereby the proceeds of the    2,060        

owner's investment share certificate, share account, deposit, or   2,061        

stock deposit may be made payable on the death of the owner to     2,062        

another natural person or to any entity or organization, referred  2,063        

to in such sections as the beneficiary, notwithstanding any        2,064        

provisions to the contrary in Chapter 2107. of the Revised Code.   2,065        

In creating such accounts, "payable on death" or "payable on the   2,066        

death of" may be abbreviated to "P.O.D."                           2,067        

      Every contract of an investment share certificate, share     2,069        

account, deposit, or stock deposit authorized by this section      2,070        

shall be deemed to contain a right on the part of the owner        2,071        

during his THE OWNER'S lifetime both to withdraw the proceeds of   2,072        

                                                          44     


                                                                 
such investment share certificate, share account, deposit, or      2,074        

stock deposit, in whole or in part, as though no beneficiary has   2,075        

been named, and to designate a change in beneficiary.  The         2,076        

interest of the beneficiary shall be deemed not to vest until the  2,077        

death of the owner.                                                2,078        

      No change in the designation of the beneficiary shall be     2,080        

valid unless executed in the form and manner prescribed by the     2,081        

bank, building and loan or savings and loan association, credit    2,082        

union, or society for savings.                                     2,083        

      Sec. 5111.11.  (A)  As used in this section, "estate" means  2,092        

all property to be administered under Title XXI of the Revised     2,094        

Code and property that would be administered under that title if   2,095        

not for section 2113.03 OR 2113.031 of the Revised Code.           2,096        

      (B)  For the purpose of recovering the cost of services      2,099        

correctly paid under the medical assistance program to a                        

recipient age fifty-five or older, the department of human         2,100        

services shall institute an estate recovery program against the    2,101        

property and estates of medical assistance recipients to recover   2,103        

medical assistance correctly paid on their behalf to the extent                 

that federal law and regulations permit the implementation of      2,104        

such a program OF THAT NATURE.  The department shall seek to       2,106        

recover medical assistance correctly paid only after the           2,107        

recipient and the recipient's surviving spouse, if any, have died  2,109        

and only at a time when the recipient has no surviving child who   2,110        

is under age twenty-one or blind or permanently and totally        2,111        

disabled.                                                                       

      The department may enter into a contract with any person     2,113        

under which the person administers the estate recovery program on  2,114        

behalf of the department or performs any of the functions          2,116        

required to carry out the program.  The contract may provide for   2,117        

the person to be compensated from the property recovered from the  2,118        

estates of medical assistance recipients or may provide for such   2,119        

other ANOTHER manner of compensation as is agreed to by the        2,121        

person and the department.  Regardless of whether it is            2,122        

                                                          45     


                                                                 
administered by the department or a person under contract with     2,123        

the department, the program shall be administered in accordance    2,124        

with applicable requirements of federal law and regulations and    2,125        

state law and rules.                                                            

      (C)  The department may waive seeking recovery of medical    2,128        

assistance correctly paid if the director of human services        2,129        

determines that recovery would work an undue hardship.  The        2,130        

director, in accordance with Chapter 119. of the Revised Code,     2,131        

shall adopt rules establishing procedures for waiver of recovery   2,132        

due to an undue hardship, which shall meet the standards           2,133        

specified by the United States secretary of health and human       2,135        

services under 42 U.S.C. 1396p(b)(3), as amended.                  2,137        

      (D)  Any action that may be taken by the department under    2,140        

section 5111.111 of the Revised Code may be taken by a person      2,142        

administering the program, or performing actions specified in      2,143        

that section, pursuant to a contract with the department.                       

      Sec. 5302.01.  The forms set forth in sections, 5302.05,     2,152        

5302.07, 5302.09, 5302.11, 5302.12, 5302.14, and 5302.17, AND      2,154        

5302.22 of the Revised Code may be used and shall be sufficient    2,155        

for their respective purposes.  They shall be known as "Statutory  2,156        

Forms" and may be referred to as such.  They may be altered as                  

circumstances require, and the authorization of such forms shall   2,157        

not prevent the use of other forms.  Wherever the phrases defined  2,158        

in sections 5302.06, 5302.08, 5302.10, and 5302.13 of the Revised  2,159        

Code are to be incorporated in instruments by reference, the       2,160        

method of incorporation as indicated in the statutory forms shall  2,161        

be sufficient, but shall not preclude other methods.                            

      Sec. 5302.02.  The rules and definitions contained in        2,170        

sections 5302.03, 5302.04, 5302.06, 5302.08, 5302.10, 5302.13,     2,171        

5302.17, 5302.18, 5302.19, 5302.20, and 5302.21, AND 5302.22 of    2,172        

the Revised Code apply to all deeds or other instruments relating  2,173        

to real estate, whether the statutory forms or other forms are     2,174        

used, where the instruments are executed on or after October 1,    2,175        

1965, OR, IN RELATION TO THE RULES AND DEFINITIONS CONTAINED IN    2,176        

                                                          46     


                                                                 
SECTION 5302.22 OF THE REVISED CODE, ON OR AFTER THE EFFECTIVE                  

DATE OF THIS AMENDMENT.                                            2,177        

      Sec. 5302.22.  (A)  A DEED CONVEYING ANY INTEREST IN REAL    2,179        

PROPERTY, AND IN SUBSTANCE FOLLOWING THE FORM SET FORTH IN THIS    2,180        

DIVISION, WHEN DULY EXECUTED IN ACCORDANCE WITH CHAPTER 5301. OF   2,181        

THE REVISED CODE AND RECORDED IN THE OFFICE OF THE COUNTY          2,182        

RECORDER, CREATES A PRESENT INTEREST AS SOLE OWNER, TENANT IN      2,183        

COMMON, OR SURVIVORSHIP TENANT IN THE GRANTEE, AND A TRANSFER ON   2,184        

DEATH INTEREST IN THE BENEFICIARY OR BENEFICIARIES, AND UPON THE   2,186        

DEATH OF THE GRANTEE, OR THE LAST TO DIE OF ALL SURVIVORSHIP       2,187        

TENANT GRANTEES, VESTS THE INTEREST OF THE DECEDENT IN THE         2,188        

BENEFICIARY OR BENEFICIARIES.  THE DEED DESCRIBED IN THIS          2,189        

DIVISION SHALL IN SUBSTANCE CONFORM TO THE FOLLOWING FORM:                      

                     "TRANSFER ON DEATH DEED                       2,190        

      .................... (MARITAL STATUS), OF .................  2,192        

COUNTY, .................... (FOR VALUABLE CONSIDERATION PAID, IF  2,193        

ANY), GRANT(S) (WITH COVENANTS, IF ANY), TO ....................   2,194        

WHOSE TAX MAILING ADDRESS IS ...................., TRANSFER ON     2,195        

DEATH TO ...................., BENEFICIARY(S), THE FOLLOWING REAL  2,196        

PROPERTY:                                                                       

      (DESCRIPTION OF LAND OR INTEREST IN LAND AND ENCUMBRANCES,   2,198        

RESERVATIONS, AND EXCEPTIONS, IF ANY.)                             2,199        

      PRIOR INSTRUMENT REFERENCE:  ..............................  2,201        

...................., WIFE (HUSBAND) OF THE GRANTOR, RELEASES ALL  2,203        

RIGHTS OF DOWER THEREIN.                                           2,204        

      WITNESS .................... HAND THIS ....................  2,206        

DAY OF ...................."                                       2,207        

      (EXECUTION IN ACCORDANCE WITH CHAPTER 5301. OF THE REVISED   2,209        

CODE)                                                                           

      (B)  ANY PERSON WHO, UNDER THE REVISED CODE OR THE COMMON    2,212        

LAW OF THIS STATE, OWNS REAL PROPERTY OR ANY INTEREST IN REAL      2,213        

PROPERTY AS A SOLE OWNER, A TENANT IN COMMON, A SURVIVORSHIP       2,214        

TENANT, OR A JOINT TENANT WITH A RIGHT OF SURVIVORSHIP MAY CREATE  2,215        

AN INTEREST IN THE REAL PROPERTY TRANSFERABLE ON DEATH BY          2,216        

                                                          47     


                                                                 
EXECUTING AND RECORDING A DEED AS PROVIDED IN THIS SECTION         2,217        

CONVEYING THE PERSON'S ENTIRE, SEPARATE INTEREST IN THE REAL       2,218        

PROPERTY TO ONE OR MORE INDIVIDUALS, INCLUDING THE GRANTOR, AND    2,219        

DESIGNATING ONE OR MORE OTHER PERSONS, IDENTIFIED IN THE DEED BY   2,220        

NAME, AS TRANSFER ON DEATH BENEFICIARIES.                          2,221        

      A DEED CONVEYING AN INTEREST IN REAL PROPERTY THAT INCLUDES  2,223        

A TRANSFER ON DEATH BENEFICIARY DESIGNATION NEED NOT BE SUPPORTED  2,224        

BY CONSIDERATION AND NEED NOT BE DELIVERED TO THE TRANSFER ON      2,225        

DEATH BENEFICIARY TO BE EFFECTIVE.                                 2,226        

      (C)  UPON THE DEATH OF ANY INDIVIDUAL WHO OWNS REAL          2,228        

PROPERTY OR AN INTEREST IN REAL PROPERTY THAT IS SUBJECT TO A      2,229        

TRANSFER ON DEATH BENEFICIARY DESIGNATION MADE UNDER A TRANSFER    2,230        

ON DEATH DEED AS PROVIDED IN THIS SECTION, OR UPON THE DEATH OF    2,231        

THE LAST TO DIE OF ALL SURVIVORSHIP TENANTS WHO OWN PROPERTY OF    2,232        

THAT NATURE, THE DECEASED OWNER'S INTEREST SHALL BE TRANSFERRED    2,233        

ONLY TO THE TRANSFER ON DEATH BENEFICIARIES WHO ARE IDENTIFIED IN  2,234        

THE DEED BY NAME AND WHO ARE LIVING OR IN EXISTENCE ON THE DATE    2,235        

OF DEATH OF THE DECEASED OWNER.  THE TRANSFER OF THE DECEASED      2,236        

OWNER'S INTEREST SHALL BE RECORDED BY PRESENTING TO THE COUNTY     2,237        

AUDITOR AND FILING WITH THE COUNTY RECORDER AN AFFIDAVIT,          2,238        

ACCOMPANIED BY A CERTIFIED COPY OF A DEATH CERTIFICATE FOR THE     2,239        

DECEASED OWNER.  THE AFFIDAVIT SHALL RECITE THE NAME AND ADDRESS   2,240        

OF EACH DESIGNATED TRANSFER ON DEATH BENEFICIARY WHO IS LIVING OR  2,241        

IN EXISTENCE ON THE DATE OF THE DECEASED OWNER'S DEATH, THE DATE   2,242        

OF THE DECEASED OWNER'S DEATH, A DESCRIPTION OF THE SUBJECT REAL   2,243        

PROPERTY OR INTEREST IN REAL PROPERTY, AND THE NAMES OF EACH       2,244        

DESIGNATED TRANSFER ON DEATH BENEFICIARY WHO IS NOT LIVING OR IN   2,245        

EXISTENCE ON THE DATE OF THE DECEASED OWNER'S DEATH.  THE          2,246        

AFFIDAVIT SHALL BE ACCOMPANIED BY A CERTIFIED COPY OF A DEATH      2,247        

CERTIFICATE FOR EACH DESIGNATED TRANSFER ON DEATH BENEFICIARY WHO  2,248        

IS NOT LIVING ON THE DATE OF THE DECEASED OWNER'S DEATH.  THE      2,249        

COUNTY RECORDER SHALL MAKE AN INDEX REFERENCE TO ANY AFFIDAVIT SO  2,250        

FILED IN THE RECORD OF DEEDS.                                      2,251        

      UPON THE DEATH OF ANY INDIVIDUAL HOLDING REAL PROPERTY OR    2,253        

                                                          48     


                                                                 
AN INTEREST IN REAL PROPERTY THAT IS SUBJECT TO A TRANSFER ON      2,254        

DEATH BENEFICIARY DESIGNATION MADE UNDER A TRANSFER ON DEATH DEED  2,255        

AS PROVIDED IN THIS SECTION, IF THE TITLE TO THE REAL PROPERTY IS  2,256        

REGISTERED PURSUANT TO CHAPTER 5309. OF THE REVISED CODE, THE      2,257        

PROCEDURE FOR THE TRANSFER OF THE INTEREST OF THE DECEASED OWNER   2,258        

SHALL BE PURSUANT TO SECTION 5309.081 OF THE REVISED CODE.         2,259        

      Sec. 5302.23.  (A)  ANY DEED CONTAINING LANGUAGE THAT SHOWS  2,261        

A CLEAR INTENT TO DESIGNATE A TRANSFER ON DEATH BENEFICIARY SHALL  2,262        

BE LIBERALLY CONSTRUED TO DO SO.                                   2,263        

      (B)  REAL PROPERTY OR AN INTEREST IN REAL PROPERTY THAT IS   2,265        

SUBJECT TO A TRANSFER ON DEATH BENEFICIARY DESIGNATION AS          2,266        

PROVIDED IN SECTION 5302.22 OF THE REVISED CODE OR AS DESCRIBED    2,267        

IN DIVISION (A) OF THIS SECTION HAS ALL OF THE FOLLOWING           2,268        

CHARACTERISTICS AND RAMIFICATIONS:                                 2,269        

      (1)  A TRANSFER ON DEATH DEED MAY CONTAIN A DESIGNATION OF   2,271        

ONE OR MORE PERSONS AS CONTINGENT TRANSFER ON DEATH                2,272        

BENEFICIARIES, WHO SHALL TAKE THE INTEREST OF THE DECEASED OWNER   2,273        

IF A NAMED DESIGNATED TRANSFER ON DEATH BENEFICIARY IS NOT LIVING  2,274        

OR IN EXISTENCE ON THE DATE OF DEATH OF THE DECEASED OWNER.        2,275        

PERSONS DESIGNATED AS CONTINGENT TRANSFER ON DEATH BENEFICIARIES   2,276        

SHALL BE IDENTIFIED IN THE DEED BY NAME.                           2,277        

      (2)  AN INTEREST OF A DECEASED OWNER MAY BE TRANSFERRED      2,279        

ONLY TO TRANSFER ON DEATH BENEFICIARIES WHO ARE IDENTIFIED IN THE  2,280        

DEED BY NAME AND WHO ARE LIVING OR IN EXISTENCE ON THE DATE OF     2,281        

THE DECEASED OWNER'S DEATH.  IF THERE IS A DESIGNATION OF MORE     2,282        

THAN ONE TRANSFER ON DEATH BENEFICIARY, THE BENEFICIARIES SHALL    2,283        

TAKE TITLE IN THE INTEREST AS TENANTS IN COMMON UNLESS THE         2,284        

DESIGNATION CLEARLY SHOWS AN INTENT TO CREATE A SURVIVORSHIP       2,285        

TENANCY AMONG THE NAMED BENEFICIARIES.                             2,286        

      (3)  THE INTEREST IN REAL PROPERTY THAT OTHERWISE WOULD      2,288        

HAVE PASSED TO A DESIGNATED TRANSFER ON DEATH BENEFICIARY BUT      2,289        

THAT FAILS TO PASS BECAUSE NO DESIGNATED TRANSFER ON DEATH         2,290        

BENEFICIARY IS LIVING OR IN EXISTENCE ON THE DATE OF THE DECEASED  2,291        

OWNER'S DEATH SHALL BE DISTRIBUTED AS PART OF THE PROBATE ESTATE   2,292        

                                                          49     


                                                                 
OF THE DECEASED OWNER OF THE INTEREST.                             2,293        

      (4)  THE DESIGNATION OF A TRANSFER ON DEATH BENEFICIARY HAS  2,295        

NO EFFECT ON THE OWNERSHIP OF REAL PROPERTY, AND A DESIGNATED      2,296        

TRANSFER ON DEATH BENEFICIARY, AS A DESIGNATED TRANSFER ON DEATH   2,297        

BENEFICIARY, HAS NO INTEREST IN THE REAL PROPERTY, UNTIL EITHER    2,298        

THE DEATH OF THE SOLE OWNER OR THE TENANT IN COMMON OR THE DEATH   2,299        

OF ALL SURVIVORSHIP TENANTS.                                                    

      (5)  THE DESIGNATION IN A DEED OF ANY TRANSFER ON DEATH      2,301        

BENEFICIARY MAY BE REVOKED OR CHANGED AT ANY TIME, WITHOUT THE     2,302        

CONSENT OF THAT DESIGNATED TRANSFER ON DEATH BENEFICIARY, BY A     2,303        

SOLE OWNER, A TENANT IN COMMON, OR A SURVIVORSHIP TENANT, BY       2,304        

EXECUTING IN ACCORDANCE WITH CHAPTER 5301. OF THE REVISED CODE     2,305        

AND RECORDING A DEED CONVEYING THE GRANTOR'S ENTIRE, SEPARATE      2,306        

INTEREST IN THE REAL PROPERTY TO ONE OR MORE PERSONS, INCLUDING    2,307        

THE GRANTOR, WITH OR WITHOUT THE DESIGNATION OF ANOTHER TRANSFER   2,308        

ON DEATH BENEFICIARY.                                                           

      (6)  A FEE SIMPLE TITLE, LEASEHOLD INTEREST, OR LAND         2,310        

CONTRACT VENDEE'S INTEREST IN REAL PROPERTY, OR ANY FRACTIONAL     2,311        

INTEREST IN ANY OF THESE INTERESTS, MAY BE SUBJECTED TO A          2,312        

TRANSFER ON DEATH BENEFICIARY DESIGNATION.                         2,313        

      (7)  A DESIGNATED TRANSFER ON DEATH BENEFICIARY TAKES ONLY   2,315        

THE INTEREST THAT THE DECEASED OWNER OR OWNERS HELD ON THE DATE    2,316        

OF DEATH, SUBJECT TO ALL ENCUMBRANCES, RESERVATIONS, AND           2,317        

EXCEPTIONS.                                                                     

      (8)  NO RIGHTS OF ANY LIENHOLDER, INCLUDING, BUT NOT         2,319        

LIMITED TO, ANY MORTGAGEE, JUDGMENT CREDITOR, OR MECHANIC'S LIEN   2,320        

HOLDER, SHALL BE AFFECTED BY THE DESIGNATION OF A TRANSFER ON      2,321        

DEATH BENEFICIARY PURSUANT TO THIS SECTION AND SECTION 5302.22 OF  2,322        

THE REVISED CODE.  IF ANY LIENHOLDER TAKES ACTION TO ENFORCE THE   2,323        

LIEN, BY FORECLOSURE OR OTHERWISE THROUGH A COURT PROCEEDING, IT   2,324        

IS NOT NECESSARY TO JOIN THE TRANSFER ON DEATH BENEFICIARY AS A    2,325        

PARTY DEFENDANT IN THE ACTION UNLESS THE TRANSFER ON DEATH         2,326        

BENEFICIARY HAS ANOTHER INTEREST IN THE REAL PROPERTY THAT IS      2,327        

CURRENTLY VESTED.                                                               

                                                          50     


                                                                 
      (9)  ANY TRANSFER ON DEATH OF REAL PROPERTY OR OF AN         2,329        

INTEREST IN REAL PROPERTY THAT RESULTS FROM A DEED DESIGNATING A   2,330        

TRANSFER ON DEATH BENEFICIARY IS NOT TESTAMENTARY.                 2,331        

      Sec. 5731.21.  (A)(1)(a)  Except as provided under division  2,340        

(A)(3) of this section, the executor or administrator, or, if no   2,341        

executor or administrator has been appointed, then such other      2,342        

ANOTHER person in possession of property, the transfer of which    2,343        

is subject to estate taxes under section 5731.02 or division (A)   2,345        

of section 5731.19 of the Revised Code, shall file an estate tax   2,346        

return, within nine months of the date of the decedent's death,    2,347        

in the form prescribed by the tax commissioner, in duplicate,      2,348        

with the probate court of the county.  The return shall include    2,349        

all property the transfer of which is subject to estate taxes,     2,350        

whether such THAT property is transferred under the last will and  2,352        

testament of the decedent or otherwise.  The time for filing the                

return may be extended by the tax commissioner.                    2,353        

      (b)  The estate tax return described in division (A)(1)(a)   2,355        

of this section shall be accompanied by a certificate, in the      2,356        

form prescribed by the tax commissioner, that is signed by the     2,357        

executor, administrator, or other person required to file the      2,358        

return, and that states all of the following:                      2,359        

      (i)  The fact that the return was filed;                     2,361        

      (ii)  The date of the filing of the return;                  2,363        

      (iii)  The fact that the estate taxes under section 5731.02  2,365        

or division (A) of section 5731.19 of the Revised Code, that are   2,366        

shown to be due in the return, have been paid in full;             2,367        

      (iv)  If applicable, the fact that real property listed in   2,369        

the inventory for the decedent's estate is included in the         2,370        

return;                                                            2,371        

      (v)  If applicable, the fact that real property not listed   2,373        

in the inventory for the decedent's estate, including, but not     2,374        

limited to, survivorship tenancy property as described in section  2,375        

5302.17 of the Revised Code OR TRANSFER ON DEATH PROPERTY AS       2,376        

DESCRIBED IN SECTIONS 5302.22 AND 5302.23 OF THE REVISED CODE,     2,377        

                                                          51     


                                                                 
also is included in the return.  In this regard, the certificate   2,378        

additionally shall describe that real property by the same         2,379        

description used in the return.                                                 

      (2)  The probate court shall forward one copy of the estate  2,381        

tax return described in division (A)(1)(a) of this section to the  2,382        

tax commissioner.                                                  2,383        

      (3)  If the value of the gross estate of the decedent is     2,385        

twenty-five thousand dollars or less and the decedent was a        2,386        

resident of this state, the person otherwise required to file a    2,387        

return may file a return, but shall not be required to do so.  IF  2,389        

A PROBATE COURT ISSUES AN ORDER THAT GRANTS A SUMMARY RELEASE      2,390        

FROM ADMINISTRATION IN CONNECTION WITH A DECEDENT'S ESTATE UNDER   2,391        

SECTION 2113.031 OF THE REVISED CODE, THAT ORDER ELIMINATES THE    2,392        

DUTY OF ALL PERSONS TO FILE AN ESTATE TAX RETURN AND CERTIFICATE   2,393        

UNDER DIVISIONS (A)(1)(a) AND (b) OF THIS SECTION WITH RESPECT TO  2,395        

THE ESTATE FOR WHICH THE ORDER WAS GRANTED.                                     

      (4)(a)  Upon receipt of the estate tax return described in   2,397        

division (A)(1)(a) of this section and the accompanying            2,398        

certificate described in division (A)(1)(b) of this section, the   2,399        

probate court promptly shall give notice of the return, by a form  2,400        

prescribed by the tax commissioner, to the county auditor.  The    2,401        

auditor then shall make a charge based upon the notice and shall   2,402        

certify a duplicate of the charge to the county treasurer.  The    2,403        

treasurer then shall collect, subject to division (A) of section   2,404        

5731.25 of the Revised Code or any other statute extending the     2,405        

time for payment of an estate tax, the tax so charged.             2,406        

      (b)  Upon receipt of the return and the accompanying         2,408        

certificate, the probate court also shall forward the certificate  2,409        

to the auditor.  When satisfied that the estate taxes under        2,410        

section 5731.02 or division (A) of section 5731.19 of the Revised  2,411        

Code, that are shown to be due in the return, have been paid in    2,412        

full, the auditor shall stamp the certificate so forwarded to      2,413        

verify that payment.  The auditor then shall return the stamped    2,414        

certificate to the probate court.                                  2,415        

                                                          52     


                                                                 
      (5)(a)  The certificate described in division (A)(1)(b) of   2,417        

this section is a public record subject to inspection and copying  2,418        

in accordance with section 149.43 of the Revised Code.  It shall   2,419        

be kept in the records of the probate court pertaining to the      2,420        

decedent's estate and is not subject to the confidentiality        2,421        

provisions of section 5731.90 of the Revised Code.                 2,422        

      (b)  All persons are entitled to rely on the statements      2,424        

contained in a certificate as described in division (A)(1)(b) of   2,425        

this section if it has been filed in accordance with that          2,426        

division, forwarded to a county auditor and stamped in accordance  2,427        

with division (A)(4) of this section, and placed in the records    2,428        

of the probate court pertaining to the decedent's estate in        2,429        

accordance with division (A)(5)(a) of this section.  The real      2,430        

property referred to in the certificate shall be free of, and may  2,431        

be regarded by all persons as being free of, any lien for estate   2,432        

taxes under section 5731.02 and division (A) of section 5731.19    2,433        

of the Revised Code.                                               2,434        

      (B)  An estate tax return filed under this section, in the   2,436        

form prescribed by the tax commissioner, and showing that no       2,437        

estate tax is due shall result in a determination that no estate   2,438        

tax is due, if the tax commissioner, within three months after     2,439        

the receipt of the return by the department of taxation, fails to  2,440        

file exceptions to the return in the probate court of the county   2,441        

in which the return was filed.  A copy of exceptions to such a     2,442        

return OF THAT NATURE, when the tax commissioner files them        2,443        

within that period, shall be sent by ordinary mail to the person   2,444        

who filed the return.  The tax commissioner is not bound under     2,445        

this division by a determination that no estate tax is due, with   2,446        

respect to property not disclosed in the return.                   2,447        

      (C)  If the executor, administrator, or other person         2,449        

required to file an estate tax return fails to file it within      2,450        

nine months of the date of the decedent's death, the tax           2,451        

commissioner may determine the estate tax in such THAT estate and  2,453        

issue a certificate of determination in the same manner as is                   

                                                          53     


                                                                 
provided in division (B) of section 5731.27 of the Revised Code.   2,454        

Such A certificate of determination OF THAT NATURE has the same    2,456        

force and effect as though a return had been filed and a           2,457        

certificate of determination issued with respect to the return.    2,458        

      Section 2.  That existing sections 319.54, 1109.07,          2,460        

1339.411, 1339.68, 2101.12, 2101.16, 2101.24, 2106.10, 2106.13,    2,463        

2106.18, 2107.501, 2113.03, 2113.61, 2131.10, 5111.11, 5302.01,    2,464        

5302.02, and 5731.21 of the Revised Code are hereby repealed.      2,465