As Passed by the House                        1            

123rd General Assembly                                             4            

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

      1999-2000                                                    6            


   REPRESENTATIVE SALERNO-TIBERI-SULZER-O'BRIEN-DePIERO-BOYD-      8            

  MOTTLEY-CORE-AMSTUTZ-BARRETT-SULLIVAN-VERICH-WOMER BENJAMIN-     9            

                          BARNES-JONES                             10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 319.54, 1109.07, 1339.411,          13           

                2101.12, 2101.16, 2101.24, 2106.10, 2106.13,       15           

                2106.18, 2107.501, 2113.03, 2113.61, 2131.10,      16           

                5111.11, and 5731.21 and to enact section                       

                2113.031 of the Revised Code to permit, without    18           

                appointing a fiduciary or following release from   19           

                administration procedures, the transfer of titled               

                assets of a decedent to certain persons who pay    20           

                or are obligated to pay the decedent's funeral                  

                expenses; to permit any person, entity, or         21           

                organization to be a beneficiary of a POD bank     22           

                account; to remove the requirement that the value  24           

                of the two automobiles that a decedent's                        

                surviving spouse may select from the decedent's    25           

                estate be determined by an appraisal and to        26           

                permit the surviving spouse to select a truck                   

                under that law even if the decedent owned an       27           

                automobile; to extend the statutory exemption to   29           

                the doctrine of ademption to a sale of                          

                specifically devised or bequeathed property by an  30           

                agent acting under a power of attorney or durable               

                power of attorney; and to specify the              32           

                circumstances under which a spendthrift provision               

                in a trust that holds property granted to a skip   33           

                person and qualifying as a nontaxable gift for     34           

                purposes of the federal generation-skipping                     

                                                          2      


                                                                 
                transfer tax would or would not cause a            35           

                forfeiture or postponement of an interest in that  36           

                property.                                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        38           

      Section 1.  That sections 319.54, 1109.07, 1339.411,         40           

2101.12, 2101.16, 2101.24, 2106.10, 2106.13, 2106.18, 2107.501,    42           

2113.03, 2113.61, 2131.10, 5111.11, and 5731.21 be amended and     43           

section 2113.031 of the Revised Code be enacted to read as         45           

follows:                                                                        

      Sec. 319.54.  (A)  On all moneys collected by the county     54           

treasurer on any tax duplicate of the county, other than estate    55           

tax duplicates, and on all moneys received as advance payments of  56           

personal property and classified property taxes, the county        57           

auditor, on settlement with the treasurer and tax commissioner,    58           

on or before the date prescribed by law for such settlement or     59           

any lawful extension of such date, shall be allowed as             60           

compensation for the county auditor's services the following       61           

percentages:                                                       62           

      (1)  On the first one hundred thousand dollars, two and      64           

one-half per cent;                                                 65           

      (2)  On the next two million dollars, eight thousand three   67           

hundred eighteen ten-thousandths of one per cent;                  68           

      (3)  On the next two million dollars, six thousand six       70           

hundred fifty-five ten-thousandths of one per cent;                71           

      (4)  On all further sums, one thousand six hundred           73           

sixty-three ten-thousandths of one per cent.                       74           

      If any settlement is not made on or before the date          76           

prescribed by law for such settlement or any lawful extension of   77           

such date, the aggregate compensation allowed to the auditor       78           

shall be reduced one per cent for each day such settlement is      79           

delayed after the prescribed date.  No penalty shall apply if the  80           

auditor and treasurer grant all requests for advances up to        81           

                                                          3      


                                                                 
ninety per cent of the settlement pursuant to section 321.34 of    82           

the Revised Code.  The compensation allowed in accordance with     83           

this section on settlements made before the dates prescribed by    84           

law, or the reduced compensation allowed in accordance with this   85           

section on settlements made after the date prescribed by law or    86           

any lawful extension of such date, shall be apportioned ratably    87           

by the auditor and deducted from the shares or portions of the     88           

revenue payable to the state as well as to the county, townships,  89           

municipal corporations, and school districts.                      90           

      (B)  From all moneys collected by the county treasurer on    92           

any tax duplicate of the county, other than estate tax             93           

duplicates, and on all moneys received as advance payments of      94           

personal property and classified property taxes, there shall be    95           

paid into the county treasury to the credit of the real estate     96           

assessment fund created by section 325.31 of the Revised Code, an  97           

amount to be determined by the county auditor, which shall not     98           

exceed the following percentages:                                  99           

      (1)  On the first one hundred thousand dollars, three and    101          

one-half per cent;                                                 102          

      (2)  On the next three million dollars, one and              104          

three-eighths per cent;                                            105          

      (3)  On the next three million dollars, one per cent;        107          

      (4)  On all further sums not exceeding one hundred fifty     109          

million dollars, three-quarters of one per cent;                   110          

      (5)  On amounts exceeding one hundred fifty million          112          

dollars, six-tenths of one per cent.                               113          

      Such compensation shall be apportioned ratably by the        115          

auditor and deducted from the shares or portions of the revenue    116          

payable to the state as well as to the county, townships,          117          

municipal corporations, and school districts.                      118          

      (C)  Each county auditor shall receive four per cent of the  120          

amount of tax collected and paid into the county treasury, on      121          

property omitted and placed by the county auditor on the tax       122          

duplicate.                                                         123          

                                                          4      


                                                                 
      (D)  On all estate tax moneys collected by the county        125          

treasurer, the county auditor, on settlement semiannually with     126          

the tax commissioner, shall be allowed, as compensation for the    127          

auditor's services under Chapter 5731. of the Revised Code, the    129          

following percentages:                                             130          

      (1)  Four per cent on the first one hundred thousand         132          

dollars;                                                           133          

      (2)  One-half of one per cent on all additional sums.        135          

      Such percentages shall be computed upon the amount           137          

collected and reported at each semiannual settlement, and shall    138          

be for the use of the general fund of the county.                  139          

      (E)  On all cigarette license moneys collected by the        141          

county treasurer, the county auditor, on settlement semiannually   142          

with the treasurer, shall be allowed as compensation for the       143          

auditor's services in the issuing of such licenses one-half of     145          

one per cent of such moneys, to be apportioned ratably and         146          

deducted from the shares of the revenue payable to the county and  147          

subdivisions, for the use of the general fund of the county.       148          

      (F)  The county auditor shall charge and receive fees as     150          

follows:                                                           151          

      (1)  For deeds of land sold for taxes to be paid by the      153          

purchaser, five dollars;                                           154          

      (2)  For the transfer or entry of land, lot, or part of      156          

lot, to be paid by the person requiring it, fifty cents for each   157          

transfer;                                                          158          

      (3)  For receiving statements of value and administering     160          

section 319.202 of the Revised Code, one dollar, or ten cents per  161          

hundred dollars for each one hundred dollars, or fraction of one   162          

hundred dollars, whichever is greater, of the value of the real    164          

property transferred or, for sales occurring on or after January   165          

1, 2000, the value of the used manufactured home or used mobile    168          

home, as defined in division (A)(6) of section 5739.0210 of the    170          

Revised Code, transferred, except no fee shall be charged when     171          

the transfer is made:                                              172          

                                                          5      


                                                                 
      (a)  To or from the United States, this state, or any        174          

instrumentality, agency, or political subdivision of the United    175          

States or this state;                                              176          

      (b)  Solely in order to provide or release security for a    178          

debt or obligation;                                                179          

      (c)  To confirm or correct a deed previously executed and    181          

recorded;                                                          182          

      (d)  To evidence a gift, in trust or otherwise and whether   184          

revocable or irrevocable, between husband and wife, or parent and  185          

child or the spouse of either;                                     186          

      (e)  On sale for delinquent taxes or assessments;            188          

      (f)  Pursuant to court order, to the extent that such        190          

transfer is not the result of a sale effected or completed         191          

pursuant to such order;                                            192          

      (g)  Pursuant to a reorganization of corporations or         194          

unincorporated associations or pursuant to the dissolution of a    195          

corporation, to the extent that the corporation conveys the        196          

property to a stockholder as a distribution in kind of the         197          

corporation's assets in exchange for the stockholder's shares in   198          

the dissolved corporation;                                         199          

      (h)  By a subsidiary corporation to its parent corporation   201          

for no consideration, nominal consideration, or in sole            202          

consideration of the cancellation or surrender of the              203          

subsidiary's stock;                                                204          

      (i)  By lease, whether or not it extends to mineral or       206          

mineral rights, unless the lease is for a term of years renewable  207          

forever;                                                           208          

      (j)  When the value of the real property or the              210          

manufactured or mobile home or the value of the interest that is   212          

conveyed does not exceed one hundred dollars;                                   

      (k)  Of an occupied residential property, including a        214          

manufactured or mobile home, being transferred to the builder of   215          

a new residence or to the dealer of a new manufactured or mobile   216          

home when the former residence is traded as part of the            217          

                                                          6      


                                                                 
consideration for the new residence or new manufactured or mobile  218          

home;                                                                           

      (l)  To a grantee other than a dealer in real property or    220          

in manufactured or mobile homes, solely for the purpose of, and    221          

as a step in, the prompt sale of the real property or              222          

manufactured or mobile home to others;                                          

      (m)  To or from a person when no money or other valuable     224          

and tangible consideration readily convertible into money is paid  225          

or to be paid for the real estate or manufactured or mobile home   226          

and the transaction is not a gift;                                 228          

      (n)  Pursuant to division (B) of section 317.22 of the       230          

Revised Code, or to section 2113.61 of the Revised Code, between   232          

spouses or to a surviving spouse pursuant to section 5302.17 of    233          

the Revised Code as it existed prior to April 4, 1985, between     234          

persons pursuant to section 5302.17 or 5302.18 of the Revised      235          

Code on or after April 4, 1985, to a person who is a surviving,    236          

survivorship tenant pursuant to section 5302.17 of the Revised     237          

Code on or after April 4, 1985, or pursuant to section 5309.45 of  238          

the Revised Code;                                                               

      (o)  To a trustee acting on behalf of minor children of the  240          

deceased;                                                          241          

      (p)  Of an easement or right-of-way when the value of the    243          

interest conveyed does not exceed one thousand dollars;            244          

      (q)  Of property sold to a surviving spouse pursuant to      246          

section 2106.16 of the Revised Code;                               247          

      (r)  To or from an organization exempt from federal income   249          

taxation under section 501(c)(3) of the "Internal Revenue Code of  250          

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such    251          

transfer is without consideration and is in furtherance of the     252          

charitable or public purposes of such organization;                253          

      (s)  Among the heirs at law or devisees, including a         255          

surviving spouse, of a common decedent, when no consideration in   256          

money is paid or to be paid for the real property or manufactured  257          

or mobile home;                                                    258          

                                                          7      


                                                                 
      (t)  To a trustee of a trust, when the grantor of the trust  260          

has reserved an unlimited power to revoke the trust;               261          

      (u)  To the grantor of a trust by a trustee of the trust,    263          

when the transfer is made to the grantor pursuant to the exercise  264          

of the grantor's power to revoke the trust or to withdraw trust    265          

assets;                                                                         

      (v)  To the beneficiaries of a trust if the fee was paid on  267          

the transfer from the grantor of the trust to the trustee or if    268          

the transfer is made pursuant to trust provisions which became     269          

irrevocable at the death of the grantor;                           270          

      (w)  To a corporation for incorporation into a sports        272          

facility constructed pursuant to section 307.696 of the Revised    273          

Code;                                                              274          

      (x)  BETWEEN PERSONS PURSUANT TO SECTION 5302.18 OF THE      276          

REVISED CODE.                                                                   

      The auditor shall compute and collect the fee.  The auditor  278          

shall maintain a numbered receipt system, as prescribed by the     279          

tax commissioner, and use such receipt system to provide a         280          

receipt to each person paying a fee.  The auditor shall deposit    281          

the receipts of the fees on conveyances in the county treasury     282          

daily to the credit of the general fund of the county.             283          

      The real property transfer fee provided for in division      285          

(F)(3) of this section shall be applicable to any conveyance of    286          

real property presented to the auditor on or after January 1,      287          

1968, regardless of its time of execution or delivery.             288          

      Sec. 1109.07.  (A)  When a deposit is made in the name of    299          

two or more persons, payable to either or the survivor, the bank   300          

may pay all of the deposit, any part of the deposit, or any        301          

interest earned on the deposit, to either of the named persons,    302          

or the guardian of the estate of either of the named persons,      303          

whether or not the other person is living.  The receipt or         304          

acquittance of the person paid is a sufficient release and         305          

discharge of the bank for any payments made from the account to    306          

that person.                                                                    

                                                          8      


                                                                 
      (B)  A bank may enter into a written contract with a         308          

natural person for the proceeds of the person's deposits to be     310          

payable on the death of that person to another natural person OR   311          

TO ANY ENTITY OR ORGANIZATION in accordance with the terms,        313          

restrictions, and limitations set forth in sections 2131.10 and    314          

2131.11 of the Revised Code.                                                    

      Sec. 1339.411.  (A)(1)  Except as provided in divisions      324          

(A)(2) and, (3), AND (4) of this section, a spendthrift provision  325          

in an instrument that creates an inter vivos or testamentary       326          

trust shall not cause any forfeiture or postponement of any        328          

interest in property that satisfies both of the following:                      

      (a)  It is granted to a surviving spouse of the testator or  330          

other settlor.                                                     331          

      (b)  It qualifies for the federal estate tax marital         333          

deduction allowed by subtitle SUBTITLE B, Chapter 11, of the       335          

"Internal Revenue Code of 1986," 26 U.S.C.A. 2056, as amended, or  336          

the estate tax marital deduction allowed by division (A) of        337          

section 5731.15 of the Revised Code.                               338          

      (2)  Division (A)(1) of this section does not apply if an    341          

instrument that creates an inter vivos or testamentary trust       342          

expressly states the intention of the testator or other settlor    343          

that obtaining a marital deduction as described in division        344          

(A)(1)(b) of this section is less important than enforcing the     346          

forfeiture or postponement of the interest in property in          347          

accordance with the spendthrift provision in the instrument.       348          

      (3)  DIVISION (A)(1) OF THIS SECTION APPLIES ONLY TO THE     351          

FORFEITURE OR POSTPONEMENT PORTIONS OF A SPENDTHRIFT PROVISION     352          

AND DOES NOT APPLY TO ANY PORTION OF A SPENDTHRIFT PROVISION THAT  353          

PROHIBITS A BENEFICIARY FROM ASSIGNING, ALIENATING, OR OTHERWISE   354          

DISPOSING OF ANY BENEFICIAL INTEREST IN A TRUST OR PROHIBITS A     355          

CREDITOR OF A BENEFICIARY FROM ATTACHING OR OTHERWISE ENCUMBERING  356          

THE TRUST ESTATE.                                                  357          

      (4)  Division (A)(1) of this section does not apply to any   361          

beneficiary of an inter vivos or testamentary trust other than     362          

                                                          9      


                                                                 
the surviving spouse of the testator or other settlor or to any    363          

inter vivos or testamentary trust of which the surviving spouse    364          

of the testator or other settlor is a beneficiary if an interest   365          

in property does not qualify for a marital deduction as described  366          

in division (A)(1)(b) of this section.                             367          

      (B)(1)  Except as provided in divisions (B)(2) and (3) of    370          

this section, if an instrument creating an inter vivos or          371          

testamentary trust includes a spendthrift provision and the trust  373          

holds shares in an S corporation, the spendthrift provision shall  374          

not cause any forfeiture or postponement of any beneficial         375          

interest, income, principal, or other interest in the shares of    376          

the S corporation held by the trust.  For purposes of division     378          

(B)(1) of this section, "S corporation" has the same meaning as    379          

in section 1361 of the "Internal Revenue Code of 1986," 26 U.S.C.  383          

1361.                                                              384          

      (2)  Division (B)(1) of this section does not apply if an    387          

instrument that creates an inter vivos or testamentary trust       388          

expressly states the intention of the testator or other settlor                 

that maintenance of the corporation's status as an S corporation   390          

is less important than enforcing the forfeiture or postponement    391          

of any beneficial interest, income, principal, or other interest   392          

in the S corporation shares in accordance with the spendthrift     394          

provision in the instrument.                                                    

      (3)  Division (B)(1) of this section applies only to the     397          

forfeiture or postponement portions of a spendthrift provision     398          

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

prohibits a beneficiary from assigning, alienating, or otherwise   399          

disposing of any beneficiary BENEFICIAL interest in a trust or     400          

prohibits a creditor of a beneficiary from attaching or otherwise  402          

encumbering the trust estate.                                                   

      (4)(C)(1)  EXCEPT AS PROVIDED IN DIVISIONS (C)(2) AND (3)    405          

OF THIS SECTION, A SPENDTHRIFT PROVISION IN AN INSTRUMENT THAT     408          

CREATES AN INTER VIVOS OR TESTAMENTARY TRUST SHALL NOT CAUSE ANY   409          

FORFEITURE OR POSTPONEMENT OF ANY INTEREST IN PROPERTY THAT        410          

                                                          10     


                                                                 
SATISFIES BOTH OF THE FOLLOWING:                                   411          

      (a)  IT IS GRANTED TO A PERSON WHO IS A SKIP PERSON UNDER    413          

THE FEDERAL GENERATION-SKIPPING TRANSFER TAX IMPOSED BY SUBTITLE   415          

B, CHAPTER 13, OF THE "INTERNAL REVENUE CODE OF 1986," 26          419          

U.S.C.A. 2601-2663, AS AMENDED.                                    420          

      (b)  IT QUALIFIES AS A NONTAXABLE GIFT UNDER SECTION         423          

2642(c) OF THE "INTERNAL REVENUE CODE OF 1986," 26 U.S.C.A         426          

2642(c).                                                                        

      (2)  DIVISION (C)(1) OF THIS SECTION DOES NOT APPLY IF AN    428          

INSTRUMENT THAT CREATES AN INTER VIVOS OR TESTAMENTARY TRUST       429          

EXPRESSLY STATES THE INTENTION OF THE TESTATOR OR OTHER SETTLOR                 

THAT QUALIFYING AS A NONTAXABLE TRUST GIFT AS DESCRIBED IN         430          

DIVISION (C)(1)(b) OF THIS SECTION IS LESS IMPORTANT THAN          431          

ENFORCING THE FORFEITURE OR POSTPONEMENT OF THE INTEREST IN        432          

PROPERTY IN ACCORDANCE WITH THE SPENDTHRIFT PROVISION IN THE       433          

INSTRUMENT.                                                                     

      (3)  DIVISION (C)(1) OF THIS SECTION APPLIES ONLY TO THE     435          

FORFEITURE OR POSTPONEMENT PORTIONS OF A SPENDTHRIFT PROVISION     436          

AND DOES NOT APPLY TO ANY PORTION OF A SPENDTHRIFT PROVISION THAT  437          

PROHIBITS A BENEFICIARY FROM ASSIGNING, ALIENATING, OR OTHERWISE   438          

DISPOSING OF ANY BENEFICIAL INTEREST IN A TRUST OR PROHIBITS A     439          

CREDITOR OF A BENEFICIARY FROM ATTACHING OR OTHERWISE ENCUMBERING  440          

THE TRUST ESTATE.                                                  441          

      (D)  Divisions (A), (B)(1), (2), and (3)(C) of this section  445          

are intended to codify certain fiduciary and trust law principles               

relating to the interpretation of a testator's or other settlor's  446          

intent with respect to the provisions of a trust.  Divisions (A),  448          

(B)(1), (2), and (3)(C) of this section apply to trust             449          

instruments executed prior to and existing on the effective date   452          

of this amendment, unless the trustee of a AND TO trust of that    453          

nature, in a written trust amendment, elects to do otherwise.      455          

Any election of that nature, when made, is irrevocable             457          

INSTRUMENTS EXECUTED ON OR AFTER THE EFFECTIVE DATE OF THIS        458          

AMENDMENT.                                                                      

                                                          11     


                                                                 
      Sec. 2101.12.  The following records shall be kept by the    467          

probate court:                                                     468          

      (A)  An administration docket, showing the grant of letters  470          

of administration or letters testamentary, the name of the         471          

decedent, the amount of bond and names of sureties in the bond,    472          

and the date of filing and a brief note of each order or           473          

proceeding relating to the estate with reference to the journal    474          

or other record in which the order or proceeding is found;         475          

      (B)  A guardian's docket, showing the name of each ward      477          

and, if the ward is an infant, his THE INFANT'S age and the name   478          

of his THE INFANT'S parents, the amount of bond and names of       480          

sureties in any bond, any limited powers or limited duration of    481          

powers, and the date of filing and a brief note of the orders and  482          

proceedings as described in division (A) of this section;          483          

      (C)  A civil docket, in which shall be noted the names of    485          

parties to actions and proceedings, the date of the commencement   486          

of the actions and proceedings and of the filing of the papers     487          

relating to the actions and proceedings, a brief note of the       488          

orders made in the actions and proceedings, and the date of        489          

entering the orders;                                               490          

      (D)  A journal, in which shall be kept minutes of official   492          

business transacted in the probate court, or by the probate        493          

judge, in civil actions and proceedings;                           494          

      (E)  A record of wills, in which the wills proved in the     496          

court shall be recorded with a certificate of the probate of the   497          

will, and wills proved elsewhere with the certificate of probate,  498          

authenticated copies of which have been admitted to record by the  499          

court;                                                             500          

      (F)  A final record that shall contain a complete record of  502          

each cause or matter and shall be completed within ninety days     503          

after the final order or judgment has been made in the cause or    504          

matter;                                                            505          

      (G)  An execution docket, in which shall be entered a        507          

memorandum of executions issued by the probate judge stating the   508          

                                                          12     


                                                                 
names of the parties, the name of the person to whom the           509          

execution is delivered, his THE PERSON'S return on the execution,  511          

the date of issuing the execution, the amount ordered to be        512          

collected, stating the costs separately from the fine or damages,  513          

the payments on the execution, and the satisfaction of the         514          

execution when it is satisfied;                                    515          

      (H)  A marriage record, in which shall be entered licenses,  517          

the names of the parties to whom a license is issued, the names    518          

of the persons applying for a license, a brief statement of the    519          

facts sworn to by persons applying for a license, and the returns  520          

of the person solemnizing the marriage;                            521          

      (I)  A naturalization record, in which shall be entered the  523          

declaration of intention of the person seeking to be naturalized,  524          

the oath of the person naturalized, and the affidavit or oath of   525          

witnesses who testify in his THE PERSON'S behalf, in which         526          

affidavit shall be stated the place of residence of the            528          

witnesses;                                                                      

      (J)  A permanent record of all births and deaths occurring   530          

within the county, reported as provided by law, which record       531          

shall be kept in the form and manner that may be designated by     532          

the director of health;                                            533          

      (K)  A separate record and index of adoptions, in            535          

accordance with section 3107.17 of the Revised Code;               536          

      (L)  A SUMMARY RELEASE FROM ADMINISTRATION DOCKET, SHOWING   538          

THE DATE OF THE FILING OF THE APPLICATION FOR A SUMMARY RELEASE    540          

FROM ADMINISTRATION PURSUANT TO SECTION 2113.031 OF THE REVISED    542          

CODE, THE DECEDENT'S NAME, THE APPLICANT'S NAME, WHETHER THE       543          

APPLICANT IS THE DECEDENT'S SURVIVING SPOUSE OR A PERSON           544          

DESCRIBED IN DIVISION (B)(1) OF THAT SECTION, AND A BRIEF NOTE OF  545          

THE GRANT OF THE ORDER OF SUMMARY RELEASE FROM ADMINISTRATION AND  546          

OF ANY OTHER ORDER OR PROCEEDING RELATING TO THE DECEDENT'S        547          

ESTATE, WITH REFERENCE TO THE JOURNAL OR OTHER RECORD IN WHICH     549          

THE ORDER OR PROCEEDING IS FOUND.                                               

      For each record required by this section, an index shall be  551          

                                                          13     


                                                                 
maintained.  Each index shall be kept current with the entries in  552          

the record and shall refer to the entries alphabetically by the    553          

names of the persons as they were originally entered, indexing     554          

the page of the record where the entry is made.  On the order of   555          

the PROBATE judge, blankbooks, other record forms, or other        556          

record-keeping materials approved by the judge for such THE        557          

records and indexes shall be furnished by the board of county      558          

commissioners at the expense of the county.                        559          

      Sec. 2101.16.  (A)  The fees enumerated in this division     568          

shall be charged and collected, if possible, by the probate judge  569          

and shall be in full for all services rendered in the respective   570          

proceedings:                                                       571          

(1)  Account, in addition to advertising charges..........$12.00   575          

        Waivers and proof of notice of hearing on account,         577          

        per page, minimum one dollar......................$ 1.00   579          

(2)  Account of distribution, in addition to advertising           581          

        charges...........................................$ 7.00   582          

(3)  Adoption of child, petition for......................$50.00   584          

(4)  Alter or cancel contract for sale or purchase of real         586          

        estate, petition to...............................$20.00   588          

(5)  Application and order not otherwise provided for in           590          

        this section or by rule adopted pursuant to                591          

        division (E) of this section......................$ 5.00   593          

(6)  Appropriation suit, per day, hearing in..............$20.00   596          

(7)  Birth, application for registration of...............$ 7.00   599          

(8)  Birth record, application to correct.................$ 5.00   602          

(9)  Bond, application for new or additional..............$ 5.00   605          

(10) Bond, application for release of surety or reduction          607          

        of................................................$ 5.00   608          

(11) Bond, receipt for securities deposited in lieu of....$ 5.00   611          

(12) Certified copy of journal entry, record, or                   613          

        proceeding, per page, minimum fee one dollar......$ 1.00   615          

(13) Citation and issuing citation, application for.......$ 5.00   618          

(14) Change of name, petition for.........................$20.00   621          

                                                          14     


                                                                 
(15) Claim, application of administrator or executor for           623          

        allowance of administrator's or executor's own....$10.00   624          

(16) Claim, application to compromise or settle...........$10.00   626          

(17) Claim, authority to present..........................$10.00   629          

(18) Commissioner, appointment of.........................$ 5.00   632          

(19) Compensation for extraordinary services and                   634          

        attorney's fees for fiduciary, application for....$ 5.00   636          

(20) Competency, application to procure adjudication of...$20.00   639          

(21) Complete contract, application to....................$10.00   642          

(22) Concealment of assets, citation for..................$10.00   645          

(23) Construction of will, petition for...................$20.00   648          

(24) Continue decedent's business, application to.........$10.00   651          

     Monthly reports of operation.........................$ 5.00   655          

(25) Declaratory judgment, petition for...................$20.00   658          

(26) Deposit of will......................................$ 5.00   661          

(27) Designation of heir..................................$20.00   664          

(28) Distribution in kind, application, assent, and order          666          

        for...............................................$ 5.00   667          

(29) Distribution under section 2109.36 of the Revised             669          

        Code, application for an order of.................$ 7.00   671          

(30) Docketing and indexing proceedings, including the             673          

        filing and noting of all necessary documents,              674          

        maximum fee, fifteen dollars......................$15.00   675          

(31) Exceptions to any proceeding named in this section,           677          

        contest of appointment or.........................$10.00   679          

(32) Election of surviving partner to purchase assets of           681          

        partnership, proceedings relating to..............$10.00   683          

(33) Election of surviving spouse under will..............$ 5.00   686          

(34) Fiduciary, including an assignee or trustee of an             688          

        insolvent debtor or any guardian or conservator            689          

        accountable to the probate court, appointment of..$35.00   691          

(35) Foreign will, application to record..................$10.00   694          

     Record of foreign will, additional, per page.........$ 1.00   697          

                                                          15     


                                                                 
(36) Forms when supplied by the probate court, not to              699          

        exceed............................................$10.00   701          

(37) Heirship, petition to determine......................$20.00   704          

(38) Injunction proceedings...............................$20.00   707          

(39) Improve real estate, petition to.....................$20.00   710          

(40) Inventory with appraisement..........................$10.00   713          

(41) Inventory without appraisement.......................$ 7.00   716          

(42) Investment or expenditure of funds, application for..$10.00   719          

(43) Invest in real estate, application to................$10.00   722          

(44) Lease for oil, gas, coal, or other mineral, petition          724          

        to................................................$20.00   725          

(45) Lease or lease and improve real estate, petition to..$20.00   728          

(46) Marriage license.....................................$10.00   731          

     Certified abstract of each marriage..................$ 2.00   734          

(47) Minor or mentally ill person, etc., disposal of               736          

        estate under ten thousand dollars of..............$10.00   738          

(48) Mortgage or mortgage and repair or improve real               740          

        estate, petition to...............................$20.00   742          

(49) Newly discovered assets, report of...................$ 7.00   745          

(50) Nonresident executor or administrator to bar                  747          

        creditors' claims, proceedings by.................$20.00   749          

(51) Power of attorney or revocation of power, bonding             751          

        company...........................................$10.00   752          

(52) Presumption of death, petition to establish..........$20.00   755          

(53) Probating will.......................................$15.00   758          

     Proof of notice to beneficiaries.....................$ 5.00   761          

(54) Purchase personal property, application of surviving          763          

        spouse to.........................................$10.00   765          

(55) Purchase real estate at appraised value, petition of          767          

        surviving spouse to...............................$20.00   769          

(56) Receipts in addition to advertising charges,                  771          

        application and order to record...................$ 5.00   773          

     Record of those receipts, additional, per page.......$ 1.00   776          

                                                          16     


                                                                 
(57) Record in excess of fifteen hundred words in any              778          

        proceeding in the probate court, per page.........$ 1.00   780          

(58) Release of estate by mortgagee or other lienholder...$ 5.00   783          

(59) Relieving AN estate from administration UNDER SECTION         785          

        2113.03 OF THE REVISED CODE OR GRANTING AN ORDER                        

        FOR A SUMMARY RELEASE FROM ADMINISTRATION UNDER            786          

        SECTION 2113.031 OF THE REVISED CODE..............$60.00   787          

(60) Removal of fiduciary, application for................$10.00   790          

(61) Requalification of executor or administrator.........$10.00   793          

(62) Resignation of fiduciary.............................$ 5.00   796          

(63) Sale bill, public sale of personal property..........$10.00   799          

(64) Sale of personal property and report, application             801          

        for...............................................$10.00   802          

(65) Sale of real estate, petition for....................$25.00   805          

(66) Terminate guardianship, petition to..................$10.00   808          

(67) Transfer of real estate, application, entry, and              810          

        certificate for...................................$ 7.00   812          

(68) Unclaimed money, application to invest...............$ 7.00   815          

(69) Vacate approval of account or order of distribution,          816          

        motion to.........................................$10.00   817          

(70) Writ of execution....................................$ 5.00   820          

(71) Writ of possession...................................$ 5.00   823          

(72) Wrongful death, application and settlement of claim           825          

        for...............................................$20.00   826          

(73) Year's allowance, petition to review.................$ 7.00   828          

(74) Guardian's report, filing and review of..............$ 5.00   831          

      (B)(1)  In relation to an application for the appointment    834          

of a guardian or the review of a report of a guardian under        835          

section 2111.49 of the Revised Code, the probate court, pursuant   836          

to court order or in accordance with a court rule, may direct      837          

that the applicant or the estate pay any or all of the expenses    838          

of an investigation conducted pursuant to section 2111.041 or      839          

division (A)(2) of section 2111.49 of the Revised Code.  If the    840          

investigation is conducted by a public employee or investigator    841          

                                                          17     


                                                                 
who is paid by the county, the fees for the investigation shall    842          

be paid into the county treasury.  If the court finds that an      843          

alleged incompetent or a ward is indigent, the court may waive     844          

the costs, fees, and expenses of an investigation.                 845          

      (2)  In relation to the appointment or functioning of a      847          

guardian for a minor or the guardianship of a minor, the probate   848          

court may direct that the applicant or the estate pay any or all   850          

of the expenses of an investigation conducted pursuant to section  851          

2111.042 of the Revised Code.  If the investigation is conducted   852          

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

the fees for the investigation shall be paid into the county       853          

treasury.  If the court finds that the guardian or applicant is    854          

indigent, the court may waive the costs, fees, and expenses of an  856          

investigation.                                                                  

      (C)  Thirty dollars of the thirty-five-dollar fee collected  858          

pursuant to division (A)(34) of this section and twenty dollars    859          

of the sixty-dollar fee collected pursuant to division (A)(59) of  861          

this section shall be deposited by the county treasurer in the     862          

indigent guardianship fund created pursuant to section 2111.51 of  863          

the Revised Code.                                                               

      (D)  The fees of witnesses, jurors, sheriffs, coroners, and  865          

constables for services rendered in the probate court or by order  866          

of the probate judge shall be the same as provided for like        867          

services in the court of common pleas.                             868          

      (E)  The probate court, by rule, may require an advance      870          

deposit for costs, not to exceed one hundred twenty-five dollars,  871          

at the time application is made for an appointment as executor or  872          

administrator or at the time a will is presented for probate.      873          

      (F)  The probate court, by rule, shall establish a           875          

reasonable fee, not to exceed fifty dollars, for the filing of a   876          

petition for the release of information regarding an adopted       877          

person's name by birth and the identity of the adopted person's    879          

biological parents and biological siblings pursuant to section                  

3107.41 of the Revised Code, all proceedings relative to the       881          

                                                          18     


                                                                 
petition, the entry of an order relative to the petition, and all  882          

services required to be performed in connection with the           883          

petition.  The probate court may use a reasonable portion of a     884          

fee charged under authority of this division to reimburse any      885          

agency, as defined in section 3107.39 of the Revised Code, for     886          

any services it renders in performing a task described in section  887          

3107.41 of the Revised Code relative to or in connection with the  888          

petition for which the fee was charged.                            889          

      (G)  Thirty dollars of the fifty-dollar fee collected        891          

pursuant to division (A)(3) of this section shall be deposited     892          

into the "putative father registry fund," which is hereby created  893          

in the state treasury.  The department of human services shall     894          

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

performing its duties related to the putative father registry      895          

established under section 3107.062 of the Revised Code.            896          

      Sec. 2101.24.  (A)(1)  Except as otherwise provided by law,  905          

the probate court has exclusive jurisdiction:                      906          

      (a)  To take the proof of wills and to admit to record       908          

authenticated copies of wills executed, proved, and allowed in     909          

the courts of any other state, territory, or country.  If the      910          

probate judge is unavoidably absent, any judge of the court of     911          

common pleas may take proof of wills and approve bonds to be       912          

given, but the record of these acts shall be preserved in the      913          

usual records of the probate court.                                914          

      (b)  To grant and revoke letters testamentary and of         916          

administration;                                                    917          

      (c)  To direct and control the conduct and settle the        919          

accounts of executors and administrators and order the             920          

distribution of estates;                                           921          

      (d)  To appoint the attorney general to serve as the         923          

administrator of an estate pursuant to section 2113.06 of the      924          

Revised Code;                                                                   

      (e)  To appoint and remove guardians, conservators, and      926          

testamentary trustees, direct and control their conduct, and       927          

                                                          19     


                                                                 
settle their accounts;                                             928          

      (f)  To grant marriage licenses;                             930          

      (g)  To make inquests respecting persons who are so          932          

mentally impaired as a result of a mental or physical illness or   933          

disability, or mental retardation, or as a result of chronic       934          

substance abuse, that they are unable to manage their property     935          

and affairs effectively, subject to guardianship;                  936          

      (h)  To qualify assignees, appoint and qualify trustees and  938          

commissioners of insolvents, control their conduct, and settle     939          

their accounts;                                                    940          

      (i)  To authorize the sale of lands, equitable estates, or   942          

interests in lands or equitable estates, and the assignments of    943          

inchoate dower in such cases of sale, on petition by executors,    944          

administrators, and guardians;                                     945          

      (j)  To authorize the completion of real estate contracts    947          

on petition of executors and administrators;                       948          

      (k)  To construe wills;                                      950          

      (l)  To render declaratory judgments, including, but not     952          

limited to, those rendered pursuant to section 2107.084 of the     953          

Revised Code;                                                      954          

      (m)  To direct and control the conduct of fiduciaries and    956          

settle their accounts;                                             957          

      (n)  To authorize the sale or lease of any estate created    959          

by will if the estate is held in trust, on petition by the         960          

trustee;                                                           961          

      (o)  To terminate a testamentary trust in any case in which  963          

a court of equity may do so;                                       964          

      (p)  To hear and determine actions to contest the validity   966          

of wills;                                                          967          

      (q)  To make a determination of the presumption of death of  969          

missing persons and to adjudicate the property rights and          970          

obligations of all parties affected by the presumption;            971          

      (r)  To hear and determine an action commenced pursuant to   973          

section 3107.41 of the Revised Code to obtain the release of       974          

                                                          20     


                                                                 
information pertaining to the birth name of the adopted person     975          

and the identity of the adopted person's biological parents and    977          

biological siblings;                                               978          

      (s)  To act for and issue orders regarding wards pursuant    980          

to section 2111.50 of the Revised Code;                            981          

      (t)  To hear and determine actions against sureties on the   983          

bonds of fiduciaries appointed by the probate court;               984          

      (u)  To hear and determine actions involving informed        986          

consent for medication of persons hospitalized pursuant to         987          

section 5122.141 or 5122.15 of the Revised Code;                   988          

      (v)  To hear and determine actions relating to durable       990          

powers of attorney for health care as described in division (D)    991          

of section 1337.16 of the Revised Code;                            992          

      (w)  To hear and determine actions commenced by objecting    994          

individuals, in accordance with section 2133.05 of the Revised     995          

Code;                                                              996          

      (x)  To hear and determine complaints that pertain to the    998          

use or continuation, or the withholding or withdrawal, of          999          

life-sustaining treatment in connection with certain patients      1,000        

allegedly in a terminal condition or in a permanently unconscious  1,001        

state pursuant to division (E) of section 2133.08 of the Revised   1,002        

Code, in accordance with that division;                            1,003        

      (y)  To hear and determine applications that pertain to the  1,005        

withholding or withdrawal of nutrition and hydration from certain  1,006        

patients allegedly in a permanently unconscious state pursuant to  1,007        

section 2133.09 of the Revised Code, in accordance with that       1,008        

section;                                                           1,009        

      (z)  To hear and determine applications of attending         1,011        

physicians in accordance with division (B) of section 2133.15 of   1,012        

the Revised Code;                                                  1,013        

      (aa)  To hear and determine actions relative to the use or   1,015        

continuation of comfort care in connection with certain            1,016        

principals under durable powers of attorney for health care,       1,017        

declarants under declarations, or patients in accordance with      1,018        

                                                          21     


                                                                 
division (E) of either section 1337.16 or 2133.12 of the Revised   1,019        

Code;                                                              1,020        

      (bb)  TO HEAR AND DETERMINE APPLICATIONS FOR AN ORDER        1,022        

RELIEVING AN ESTATE FROM ADMINISTRATION UNDER SECTION 2113.03 OF   1,023        

THE REVISED CODE;                                                               

      (cc)  TO HEAR AND DETERMINE APPLICATIONS FOR AN ORDER        1,025        

GRANTING A SUMMARY RELEASE FROM ADMINISTRATION UNDER SECTION       1,026        

2113.031 OF THE REVISED CODE.                                                   

      (2)  In addition to the exclusive jurisdiction conferred     1,028        

upon the probate court by division (A)(1) of this section, the     1,029        

probate court shall have exclusive jurisdiction over a particular  1,030        

subject matter if both of the following apply:                     1,031        

      (a)  Another section of the Revised Code expressly confers   1,033        

jurisdiction over that subject matter upon the probate court.      1,034        

      (b)  No section of the Revised Code expressly confers        1,036        

jurisdiction over that subject matter upon any other court or      1,037        

agency.                                                            1,038        

      (B)(1)  The probate court has concurrent jurisdiction with,  1,040        

and the same powers at law and in equity as, the general division  1,041        

of the court of common pleas to issue writs and orders, and to     1,042        

hear and determine actions as follows:                             1,043        

      (a)  If jurisdiction relative to a particular subject        1,045        

matter is stated to be concurrent in a section of the Revised      1,046        

Code or has been construed by judicial decision to be concurrent,  1,047        

any action that involves that subject matter;                      1,048        

      (b)  Any action that involves an inter vivos trust; a trust  1,050        

created pursuant to section 1339.51 of the Revised Code; a         1,051        

charitable trust or foundation; subject to divisions (A)(1)(u)     1,052        

and (z) of this section, a power of attorney, including, but not   1,053        

limited to, a durable power of attorney; the medical treatment of  1,054        

a competent adult; or a writ of habeas corpus.                     1,055        

      (2)  Any action that involves a concurrent jurisdiction      1,057        

subject matter and that is before the probate court may be         1,058        

transferred by the probate court, on its order, to the general     1,059        

                                                          22     


                                                                 
division of the court of common pleas.                             1,060        

      (C)  The probate court has plenary power at law and in       1,062        

equity to dispose fully of any matter that is properly before the  1,063        

court, unless the power is expressly otherwise limited or denied   1,064        

by a section of the Revised Code.                                  1,065        

      (D)  The jurisdiction acquired by a probate court over a     1,067        

matter or proceeding is exclusive of that of any other probate     1,068        

court, except when otherwise provided by law.                      1,069        

      Sec. 2106.10.  (A)  A surviving spouse may elect to          1,078        

receive, as part of the surviving spouse's share of an intestate   1,079        

estate under section 2105.06 of the Revised Code and the           1,080        

allowance for support under section 2106.13 of the Revised Code,   1,081        

the entire interest of the decedent spouse in the mansion house.   1,082        

The interest of the decedent spouse in the mansion house shall be  1,083        

valued at the appraised value with the deduction of that portion   1,084        

of all liens on the mansion house existing at the time of death    1,085        

and attributable to the decedent's interest in the mansion house.  1,086        

      (B)  The election pursuant to division (A) of this section   1,088        

shall be made at or before the time a final account is rendered.   1,089        

      (C)  If the spouse makes an election pursuant to division    1,091        

(A) of this section, the administrator or executor shall file,     1,092        

unless the election is one made under division (D) of this         1,093        

section, an application for a certificate of transfer as provided  1,094        

for in section 2113.61 of the Revised Code.  The application also  1,095        

shall contain an inventory of the property and the allowance for   1,096        

support that the spouse is entitled to receive under sections      1,098        

2105.06 and 2106.13 of the Revised Code.  If the value of the      1,100        

property and the allowance for support that the spouse is          1,101        

entitled to receive is equal to or greater than the value of the   1,102        

decedent's interest in the mansion house, the court shall issue    1,103        

the certificate of transfer.                                       1,104        

      (D)  The surviving spouse may make an election pursuant to   1,106        

division (A) of this section in an estate relieved from            1,107        

administration under section 2113.03 of the Revised Code OR IN AN  1,108        

                                                          23     


                                                                 
ESTATE THAT IS SUBJECT TO AN ORDER GRANTING A SUMMARY RELEASE      1,109        

FROM ADMINISTRATION UNDER SECTION 2113.031 OF THE REVISED CODE.    1,110        

The election shall be made at the time of or prior to the entry    1,111        

of the order relieving the estate from administration OR THE       1,112        

ORDER GRANTING A SUMMARY RELEASE FROM ADMINISTRATION.  Either the  1,113        

SURVIVING spouse or the applicant for the order relieving the      1,114        

estate from administration shall file the application for THE      1,115        

certificate of transfer under division (C) of this section.        1,116        

      (E)  If the surviving spouse dies prior to making an         1,118        

election pursuant to division (A) of this section, the surviving   1,119        

spouse shall be conclusively presumed not to have made an          1,120        

election pursuant to that division.  After the surviving spouse's  1,121        

death, no other person is authorized to make an election pursuant  1,122        

to that division on behalf of the estate of the surviving spouse.  1,123        

      (F)  As used in this section, the mansion house includes     1,125        

the decedent's title in the parcel of land on which the house is   1,126        

situated and, at the option of the surviving spouse, the           1,127        

decedent's title in the household goods contained within the       1,128        

house and the lots or farm land FARMLAND adjacent to the house     1,129        

and used in conjunction with it as the home of the decedent.       1,131        

      Sec. 2106.13.  (A)  If a person dies leaving a surviving     1,140        

spouse and no minor children, leaving a surviving spouse and       1,141        

minor children, or leaving minor children and no surviving         1,142        

spouse, the surviving spouse, minor children, or both shall be     1,143        

entitled to receive, subject to division (B) of this section, in   1,144        

money or property the sum of forty thousand dollars as an          1,146        

allowance for support.  If the surviving spouse selected two                    

automobiles under section 2106.18 of the Revised Code, the         1,147        

allowance for support prescribed by this section shall be reduced  1,149        

by the appraised value of the automobile having the lower          1,151        

appraised value of the two automobiles so selected.  The money or  1,152        

property set off as an allowance for support shall be considered   1,153        

estate assets.                                                                  

      (B)  The probate court shall order the distribution of the   1,155        

                                                          24     


                                                                 
allowance for support described in division (A) of this section    1,156        

as follows:                                                        1,157        

      (1)  If the person died leaving a surviving spouse and no    1,159        

minor children, one hundred per cent to the surviving spouse;      1,160        

      (2)  If the person died leaving a surviving spouse and       1,162        

minor children, and if all of the minor children are the children  1,163        

of the surviving spouse, one hundred per cent to the surviving     1,164        

spouse;                                                            1,165        

      (3)  If the person died leaving a surviving spouse and       1,167        

minor children, and if not all of the minor children are children  1,168        

of the surviving spouse, in equitable shares, as fixed by the      1,169        

probate court in accordance with this division, to the surviving   1,170        

spouse and the minor children who are not the children of the      1,171        

surviving spouse.  In determining equitable shares under this      1,172        

division, the probate court shall do all of the following:         1,173        

      (a)  Consider the respective needs of the surviving spouse,  1,175        

the minor children who are children of the surviving spouse, and   1,176        

the minor children who are not children of the surviving spouse;   1,177        

      (b)  Allocate to the surviving spouse, the share that is     1,179        

equitable in light of the needs of the surviving spouse and the    1,180        

minor children who are children of the surviving spouse;           1,181        

      (c)  Allocate to the minor children who are not children of  1,183        

the surviving spouse, the share that is equitable in light of the  1,184        

needs of those minor children.                                     1,185        

      (4)  If the person died leaving minor children and no        1,187        

surviving spouse, in equitable shares, as fixed by the probate     1,188        

court in accordance with this division, to the minor children. In  1,190        

determining equitable shares under this division, the probate                   

court shall consider the respective needs of the minor children    1,191        

and allocate to each minor child the share that is equitable in    1,192        

light of the child's needs.                                        1,193        

      (C)  If the surviving spouse selected two automobiles under  1,195        

section 2106.18 of the Revised Code, the probate court, in         1,197        

considering the respective needs of the surviving spouse and the   1,198        

                                                          25     


                                                                 
minor children when allocating an allowance for support under      1,199        

division (B)(3) of this section, shall consider the benefit        1,200        

derived by the surviving spouse from the transfer of the                        

automobile having the lower appraised value of the two             1,201        

automobiles so selected.                                                        

      (D)  FOR THE PURPOSES OF THIS SECTION, THE VALUE OF AN       1,203        

AUTOMOBILE THAT A SURVIVING SPOUSE SELECTS PURSUANT TO SECTION     1,204        

2106.18 OF THE REVISED CODE IS THE VALUE THAT THE SURVIVING        1,205        

SPOUSE SPECIFIES FOR THE AUTOMOBILE IN THE AFFIDAVIT EXECUTED      1,206        

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

      Sec. 2106.18.  (A)  Upon the death of a married resident     1,215        

who owned at least one automobile at the time of death, the        1,216        

interest of the deceased spouse in up to two automobiles that are  1,218        

not transferred to the surviving spouse due to joint ownership     1,219        

with right of survivorship established under section 2106.17 of    1,220        

the Revised Code, and that are not otherwise specifically          1,222        

disposed of by testamentary disposition, may be selected by the    1,223        

surviving spouse.  This interest shall immediately pass to the     1,225        

surviving spouse upon transfer of the title or titles in                        

accordance with section 4505.10 of the Revised Code.  The sum      1,228        

total of the appraised values of the automobiles selected by a     1,230        

surviving spouse under this division, AS SPECIFIED IN THE                       

AFFIDAVIT THAT THE SURVIVING SPOUSE EXECUTES PURSUANT TO DIVISION  1,231        

(B) OF SECTION 4505.10 OF THE REVISED CODE, shall not exceed       1,232        

forty thousand dollars.  Each automobile that passes to a          1,233        

surviving spouse under this division shall not be considered an    1,234        

estate asset and shall not be included and stated in the estate    1,235        

inventory.                                                                      

      (B)  The executor or administrator, with the approval of     1,237        

the probate court, may transfer title to an automobile owned by    1,238        

the decedent to any of the following:                              1,239        

      (1)  The surviving spouse, when the automobile is purchased  1,242        

by the surviving spouse pursuant to section 2106.16 of the         1,243        

Revised Code;                                                                   

                                                          26     


                                                                 
      (2)  A distributee;                                          1,245        

      (3)  A purchaser.                                            1,247        

      (C)  The executor or administrator may transfer title to an  1,249        

automobile owned by the decedent without the approval of the       1,250        

probate court to any of the following:                             1,251        

      (1)  A legatee entitled to the automobile under the terms    1,254        

of the will;                                                                    

      (2)  A distributee if the distribution of the automobile is  1,257        

made without court order pursuant to section 2113.55 of the                     

Revised Code;                                                      1,258        

      (3)  A purchaser if the sale of the automobile is made       1,260        

pursuant to section 2113.39 of the Revised Code.                   1,261        

      (D)  As used in division (A) of this section, "automobile"   1,263        

includes a truck if the deceased spouse did not own an automobile  1,265        

and if the truck was used as a method of conveyance by the         1,266        

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

deceased spouse was alive.                                         1,268        

      Sec. 2107.501.  (A)  A specific devisee or legatee has the   1,277        

right of the remaining specifically devised or bequeathed          1,278        

property, and:                                                     1,279        

      (1)  Any balance on the purchase price, together with any    1,281        

security interest owing from a purchaser to the testator at death  1,282        

by reason of sale of the property;                                 1,283        

      (2)  Any amount of condemnation award unpaid at death for    1,285        

the taking of the property;                                        1,286        

      (3)  Any proceeds unpaid at death on fire or casualty        1,288        

insurance on the property;                                         1,289        

      (4)  Property owned by the testator at his death as a        1,291        

result of foreclosure, or obtained in lieu of foreclosure, of the  1,292        

security for a specifically devised or bequeathed obligation.      1,293        

      (B)  If specifically devised or bequeathed property is sold  1,295        

by a guardian, BY AN AGENT ACTING WITHIN THE AUTHORITY OF A POWER  1,296        

OF ATTORNEY, OR BY AN AGENT ACTING WITHIN THE AUTHORITY OF A       1,297        

DURABLE POWER OF ATTORNEY, or if a condemnation award or           1,298        

                                                          27     


                                                                 
insurance proceeds are paid to a guardian, TO AN AGENT ACTING      1,299        

WITHIN THE AUTHORITY OF A POWER OF ATTORNEY, OR TO AN AGENT        1,300        

ACTING WITHIN THE AUTHORITY OF A DURABLE POWER OF ATTORNEY as a    1,301        

result of condemnation, fire, or casualty to the property, the     1,302        

specific devisee or legatee has the right to a general pecuniary   1,303        

devise or bequest equal to the net proceeds of sale, the           1,304        

condemnation award, or the insurance proceeds, and such a devise   1,305        

or bequest shall be treated as property subject to section         1,306        

2107.54 of the Revised Code.  This section does not apply if       1,307        

subsequent to the sale, condemnation, FIRE, or casualty, it is     1,308        

adjudicated that the disability of the testator has ceased and     1,309        

the testator survives the adjudication by one year.  The right of  1,310        

the specific devisee or legatee is reduced by any right he THE     1,311        

SPECIFIC DEVISEE OR LEGATEE has under division (A) of this         1,312        

section.                                                                        

      Sec. 2113.03.  (A)  Subject to division (D) of this          1,321        

section, an estate may be released from administration under       1,322        

division (B) of this section if either of the following applies:   1,323        

      (1)  The value of the assets of the estate is thirty-five    1,325        

thousand dollars or less.                                          1,326        

      (2)  The value of the assets of the estate is one hundred    1,329        

thousand dollars or less and either of the following applies:      1,330        

      (a)  The decedent devised and bequeathed in a valid will     1,332        

all of the assets of the decedent's estate to a person who is      1,334        

named in the will as the decedent's spouse, and the decedent is    1,335        

survived by that person.                                           1,336        

      (b)  The decedent is survived by a spouse whose marriage to  1,338        

the decedent was solemnized in a manner consistent with Chapter    1,339        

3101. of the Revised Code or with a similar law of another state   1,340        

or nation, the decedent died without a valid will, and the         1,341        

decedent's surviving spouse is entitled to receive all of the      1,342        

assets of the decedent's estate under section 2105.06 of the       1,343        

Revised Code or by the operation of that section and division      1,345        

(B)(1) or (2) of section 2106.13 of the Revised Code.              1,346        

                                                          28     


                                                                 
      (B)  Upon the application of any interested party, after     1,348        

notice of the filing of the application has been given to the      1,349        

surviving spouse and heirs at law in the manner and for the        1,350        

length of time the probate court directs, and after notice to all  1,351        

interested parties by publication in a newspaper of general        1,352        

circulation in the county, unless the notices are waived or found  1,353        

unnecessary, the court, when satisfied that division (A)(1) or     1,354        

(2) of this section is satisfied, may enter an order relieving     1,355        

the estate from administration and directing delivery of personal  1,356        

property and transfer of real estate to the persons entitled to    1,357        

the personal property or real estate.                              1,358        

      For the purposes of this section, the value of an estate     1,361        

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    1,362        

entirely of money, stocks, bonds, or other property the value of   1,363        

which is readily ascertainable, shall be determined by an          1,364        

appraiser selected by the applicant, subject to the approval of    1,365        

the court.  The appraiser's valuation of the property shall be     1,366        

reported to the court in the application to relieve the estate     1,367        

from administration.  The appraiser shall be paid in accordance    1,368        

with section 2115.06 of the Revised Code.                          1,369        

      For the purposes of this section, the amount of property to  1,373        

be delivered or transferred to the surviving spouse, minor                      

children, or both, of the decedent as the allowance for support    1,374        

shall be established in accordance with section 2106.13 of the     1,375        

Revised Code.                                                      1,376        

      When a delivery, sale, or transfer of personal property has  1,378        

been ordered from an estate that has been relieved from            1,379        

administration, the court may appoint a commissioner to execute    1,380        

all necessary instruments of conveyance.  The commissioner shall   1,381        

receipt for the property, distribute the proceeds of the           1,382        

conveyance upon court order, and report to the court after         1,383        

distribution.                                                      1,384        

      When the decedent died testate, the will shall be presented  1,386        

                                                          29     


                                                                 
for probate, and, if admitted to probate, the court may relieve    1,387        

the estate from administration and order distribution of the       1,388        

estate under the will.                                             1,389        

      An order of the court relieving an estate from               1,391        

administration shall have the same effect as administration        1,392        

proceedings in freeing land in the hands of an innocent purchaser  1,393        

for value from possible claims of unsecured creditors.             1,394        

      (C)  Any delivery of personal property or transfer of real   1,396        

estate pursuant to an order relieving an estate from               1,397        

administration is made subject to the limitations pertaining to    1,398        

the claims of creditors set forth in divisions (B) and (C) of      1,399        

section 2117.06 of the Revised Code.                               1,400        

      (D)  The release of an estate from administration under      1,402        

this section does not affect any duty of any person to file an     1,403        

estate tax return and certificate under division (A) of section    1,404        

5731.21 of the Revised Code and does not affect the duties of a    1,405        

probate court set forth in that division.                          1,406        

      (E)  THIS SECTION DOES NOT AFFECT THE ABILITY OF QUALIFIED   1,408        

PERSONS TO FILE AN APPLICATION FOR A SUMMARY RELEASE FROM          1,409        

ADMINISTRATION UNDER SECTION 2113.031 OF THE REVISED CODE OR TO    1,410        

FILE AN APPLICATION FOR THE GRANT OF LETTERS TESTAMENTARY OR       1,411        

LETTERS OF ADMINISTRATION.                                         1,412        

      Sec. 2113.031.  (A)  AS USED IN THIS SECTION:                1,414        

      (1)  "FINANCIAL INSTITUTION" HAS THE SAME MEANING AS IN      1,416        

SECTION 5725.01 OF THE REVISED CODE.  "FINANCIAL INSTITUTION"      1,418        

ALSO INCLUDES A CREDIT UNION AND A FIDUCIARY THAT IS NOT A TRUST   1,419        

COMPANY BUT THAT DOES TRUST BUSINESS.                              1,420        

      (2)  "FUNERAL AND BURIAL EXPENSES" MEANS WHICHEVER OF THE    1,422        

FOLLOWING APPLIES:                                                 1,423        

      (a)  THE FUNERAL AND BURIAL EXPENSES OF THE DECEDENT THAT    1,426        

ARE INCLUDED IN THE BILL OF A FUNERAL DIRECTOR;                    1,427        

      (b)  THE FUNERAL EXPENSES OF THE DECEDENT THAT ARE NOT       1,430        

INCLUDED IN THE BILL OF A FUNERAL DIRECTOR AND THAT HAVE BEEN      1,431        

APPROVED BY THE PROBATE COURT;                                                  

                                                          30     


                                                                 
      (c)  THE FUNERAL AND BURIAL EXPENSES OF THE DECEDENT THAT    1,434        

ARE DESCRIBED IN DIVISIONS (A)(2)(a) AND (b) OF THIS SECTION.      1,435        

      (3)  "SURVIVING SPOUSE" MEANS EITHER OF THE FOLLOWING:       1,438        

      (a)  THE SURVIVING SPOUSE OF A DECEDENT WHO DIED LEAVING     1,441        

THE SURVIVING SPOUSE AND NO MINOR CHILDREN;                        1,442        

      (b)  THE SURVIVING SPOUSE OF A DECEDENT WHO DIED LEAVING     1,445        

THE SURVIVING SPOUSE AND MINOR CHILDREN, ALL OF WHOM ARE CHILDREN  1,446        

OF THE DECEDENT AND THE SURVIVING SPOUSE.                                       

      (B)(1)  IF THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE  1,449        

DOES NOT EXCEED THE LESSER OF TWO THOUSAND DOLLARS OR THE AMOUNT   1,450        

OF THE DECEDENT'S FUNERAL AND BURIAL EXPENSES, ANY PERSON WHO IS   1,451        

NOT A SURVIVING SPOUSE AND WHO HAS PAID OR IS OBLIGATED IN         1,452        

WRITING TO PAY THE DECEDENT'S FUNERAL AND BURIAL EXPENSES MAY      1,453        

APPLY TO THE PROBATE COURT FOR AN ORDER GRANTING A SUMMARY         1,454        

RELEASE FROM ADMINISTRATION IN ACCORDANCE WITH THIS SECTION.       1,455        

      (2)  IF EITHER OF THE FOLLOWING APPLIES, THE DECEDENT'S      1,457        

SURVIVING SPOUSE MAY APPLY TO THE PROBATE COURT FOR AN ORDER       1,458        

GRANTING A SUMMARY RELEASE FROM ADMINISTRATION IN ACCORDANCE WITH  1,460        

THIS SECTION:                                                                   

      (a)  THE DECEDENT'S FUNERAL AND BURIAL EXPENSES HAVE BEEN    1,463        

PREPAID, AND THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE      1,464        

DOES NOT EXCEED THE TOTAL OF THE FOLLOWING ITEMS:                  1,465        

      (i)  THE ALLOWANCE FOR SUPPORT THAT IS MADE UNDER DIVISION   1,468        

(A) OF SECTION 2106.13 OF THE REVISED CODE TO THE SURVIVING        1,470        

SPOUSE AND, IF APPLICABLE, TO THE DECEDENT'S MINOR CHILDREN AND    1,471        

THAT IS DISTRIBUTABLE IN ACCORDANCE WITH DIVISION (B)(1) OR (2)    1,473        

OF THAT SECTION;                                                                

      (ii)  AN AMOUNT, NOT EXCEEDING TWO THOUSAND DOLLARS, FOR     1,476        

THE DECEDENT'S FUNERAL AND BURIAL EXPENSES REFERRED TO IN          1,477        

DIVISION (A)(2)(c) OF THIS SECTION.                                1,478        

      (b)  THE DECEDENT'S FUNERAL AND BURIAL EXPENSES HAVE NOT     1,481        

BEEN PREPAID, THE DECEDENT'S SURVIVING SPOUSE HAS PAID OR IS       1,482        

OBLIGATED IN WRITING TO PAY THE DECEDENT'S FUNERAL AND BURIAL      1,483        

EXPENSES, AND THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE     1,484        

                                                          31     


                                                                 
DOES NOT EXCEED THE TOTAL OF THE ITEMS REFERRED TO IN DIVISIONS    1,485        

(B)(2)(a)(i) AND (ii) OF THIS SECTION.                             1,486        

      (C)  A PROBATE COURT SHALL ORDER A SUMMARY RELEASE FROM      1,489        

ADMINISTRATION IN CONNECTION WITH A DECEDENT'S ESTATE ONLY IF THE  1,490        

COURT FINDS THAT ALL OF THE FOLLOWING ARE SATISFIED:               1,491        

      (1)  A PERSON DESCRIBED IN DIVISION (B)(1) OF THIS SECTION   1,494        

IS THE APPLICANT FOR A SUMMARY RELEASE FROM ADMINISTRATION, AND    1,496        

THE VALUE OF THE ASSETS OF THE DECEDENT'S ESTATE DOES NOT EXCEED   1,497        

THE LESSER OF TWO THOUSAND DOLLARS OR THE AMOUNT OF THE            1,498        

DECEDENT'S FUNERAL AND BURIAL EXPENSES, OR THE APPLICANT FOR A     1,499        

SUMMARY RELEASE FROM ADMINISTRATION IS THE DECEDENT'S SURVIVING    1,500        

SPOUSE, AND THE CIRCUMSTANCES DESCRIBED IN DIVISION (B)(2)(a) OR   1,501        

(b) OF THIS SECTION APPLY.                                         1,502        

      (2)  THE APPLICATION FOR A SUMMARY RELEASE FROM              1,504        

ADMINISTRATION DOES ALL OF THE FOLLOWING:                          1,505        

      (a)  DESCRIBES ALL ASSETS OF THE DECEDENT'S ESTATE THAT ARE  1,508        

KNOWN TO THE APPLICANT;                                            1,509        

      (b)  IS IN THE FORM THAT THE SUPREME COURT PRESCRIBES        1,512        

PURSUANT TO ITS POWERS OF SUPERINTENDENCE UNDER SECTION 5 OF       1,513        

ARTICLE IV, OHIO CONSTITUTION, AND IS CONSISTENT WITH THE          1,515        

REQUIREMENTS OF THIS DIVISION;                                                  

      (c)  HAS BEEN SIGNED AND ACKNOWLEDGED BY THE APPLICANT IN    1,518        

THE PRESENCE OF A NOTARY PUBLIC OR A DEPUTY CLERK OF THE PROBATE   1,519        

COURT;                                                                          

      (d)  SETS FORTH THE FOLLOWING INFORMATION IF THE DECEDENT'S  1,522        

ESTATE INCLUDES A DESCRIBED TYPE OF ASSET:                         1,523        

      (i)  IF THE DECEDENT'S ESTATE INCLUDES A MOTOR VEHICLE, THE  1,526        

MOTOR VEHICLE'S YEAR, MAKE, MODEL, BODY TYPE, MANUFACTURER'S       1,527        

VEHICLE IDENTIFICATION NUMBER, CERTIFICATE OF TITLE NUMBER, AND    1,528        

DATE OF DEATH VALUE;                                                            

      (ii)  IF THE DECEDENT'S ESTATE INCLUDES AN ACCOUNT           1,531        

MAINTAINED BY A FINANCIAL INSTITUTION, THAT INSTITUTION'S NAME     1,532        

AND THE ACCOUNT'S COMPLETE IDENTIFYING NUMBER AND DATE OF DEATH    1,533        

BALANCE;                                                                        

                                                          32     


                                                                 
      (iii)  IF THE DECEDENT'S ESTATE INCLUDES ONE OR MORE SHARES  1,536        

OF STOCK OR BONDS, THE TOTAL NUMBER OF THE SHARES AND BONDS AND    1,537        

THEIR TOTAL DATE OF DEATH VALUE AND, FOR EACH SHARE OR BOND, ITS   1,538        

SERIAL NUMBER, THE NAME OF ITS ISSUER, ITS DATE OF DEATH VALUE,    1,539        

AND, IF ANY, THE NAME AND ADDRESS OF ITS TRANSFER AGENT.           1,540        

      (3)  THE APPLICATION FOR A SUMMARY RELEASE FROM              1,542        

ADMINISTRATION IS ACCOMPANIED BY ALL OF THE FOLLOWING THAT APPLY:  1,543        

      (a)  A RECEIPT, CONTRACT, OR OTHER DOCUMENT THAT CONFIRMS    1,546        

THE APPLICANT'S PAYMENT OR OBLIGATION TO PAY THE DECEDENT'S        1,547        

FUNERAL AND BURIAL EXPENSES OR, IF APPLICABLE IN THE CASE OF THE   1,548        

DECEDENT'S SURVIVING SPOUSE, THE PREPAYMENT OF THE DECEDENT'S      1,549        

FUNERAL AND BURIAL EXPENSES;                                                    

      (b)  AN APPLICATION FOR A CERTIFICATE OF TRANSFER AS         1,552        

DESCRIBED IN SECTION 2113.61 OF THE REVISED CODE, IF AN INTEREST   1,553        

IN REAL PROPERTY IS INCLUDED IN THE ASSETS OF THE DECEDENT'S       1,554        

ESTATE;                                                            1,555        

      (c)  THE FEE REQUIRED BY DIVISION (A)(59) OF SECTION         1,558        

2101.16 OF THE REVISED CODE.                                       1,559        

      (4)  AT THE TIME OF ITS DETERMINATION ON THE APPLICATION,    1,561        

THERE ARE NO PENDING PROCEEDINGS FOR THE ADMINISTRATION OF THE     1,563        

DECEDENT'S ESTATE AND NO PENDING PROCEEDINGS FOR RELIEF OF THE     1,564        

DECEDENT'S ESTATE FROM ADMINISTRATION UNDER SECTION 2113.03 OF     1,565        

THE REVISED CODE.                                                  1,566        

      (5)  AT THE TIME OF ITS DETERMINATION ON THE APPLICATION,    1,569        

THERE ARE NO KNOWN ASSETS OF THE DECEDENT'S ESTATE OTHER THAN THE  1,570        

ASSETS DESCRIBED IN THE APPLICATION.                                            

      (D)  IF THE PROBATE COURT DETERMINES THAT THE REQUIREMENTS   1,573        

OF DIVISION (C) OF THIS SECTION ARE SATISFIED, THE PROBATE COURT   1,575        

SHALL ISSUE AN ORDER THAT GRANTS A SUMMARY RELEASE FROM            1,576        

ADMINISTRATION IN CONNECTION WITH THE DECEDENT'S ESTATE.  THE      1,577        

ORDER HAS, AND SHALL SPECIFY THAT IT HAS, ALL OF THE FOLLOWING     1,578        

EFFECTS:                                                                        

      (1)  IT RELIEVES THE DECEDENT'S ESTATE FROM ADMINISTRATION.  1,581        

      (2)  IT DIRECTS THE DELIVERY TO THE APPLICANT OF THE         1,583        

                                                          33     


                                                                 
DECEDENT'S PERSONAL PROPERTY TOGETHER WITH THE TITLE TO THAT       1,584        

PROPERTY.                                                          1,585        

      (3)  IT DIRECTS THE TRANSFER TO THE APPLICANT OF THE TITLE   1,587        

TO ANY INTERESTS IN REAL PROPERTY INCLUDED IN THE DECEDENT'S       1,588        

ESTATE.                                                            1,589        

      (4)  IT ELIMINATES THE DUTY OF ALL PERSONS TO FILE AN        1,591        

ESTATE TAX RETURN AND CERTIFICATE UNDER DIVISION (A) OF SECTION    1,593        

5731.21 OF THE REVISED CODE IN CONNECTION WITH THE DECEDENT'S      1,595        

ESTATE.                                                                         

      (5)  IT ELIMINATES THE NEED FOR A FINANCIAL INSTITUTION,     1,597        

CORPORATION, OR OTHER ENTITY OR PERSON REFERRED TO IN ANY          1,598        

PROVISION OF DIVISIONS (A) TO (F) OF SECTION 5731.39 OF THE        1,601        

REVISED CODE TO OBTAIN, AS OTHERWISE WOULD BE REQUIRED BY ANY OF   1,602        

THOSE DIVISIONS, THE WRITTEN CONSENT OF THE TAX COMMISSIONER                    

PRIOR TO THE DELIVERY, TRANSFER, OR PAYMENT TO THE APPLICANT OF    1,603        

AN ASSET OF THE DECEDENT'S ESTATE.                                 1,604        

      (E)  A CERTIFIED COPY OF AN ORDER THAT GRANTS A SUMMARY      1,607        

RELEASE FROM ADMINISTRATION TOGETHER WITH A CERTIFIED COPY OF THE  1,608        

APPLICATION FOR THAT ORDER CONSTITUTES SUFFICIENT AUTHORITY FOR A  1,609        

FINANCIAL INSTITUTION, CORPORATION, OR OTHER ENTITY OR PERSON      1,610        

REFERRED TO IN DIVISIONS (A) TO (F) OF SECTION 5731.39 OF THE      1,613        

REVISED CODE OR FOR A CLERK OF A COURT OF COMMON PLEAS TO          1,614        

TRANSFER TITLE TO AN ASSET OF THE DECEDENT'S ESTATE TO THE         1,615        

APPLICANT FOR THE SUMMARY RELEASE FROM ADMINISTRATION.             1,616        

      (F)  THIS SECTION DOES NOT AFFECT THE ABILITY OF QUALIFIED   1,619        

PERSONS TO FILE AN APPLICATION TO RELIEVE AN ESTATE FROM           1,620        

ADMINISTRATION UNDER SECTION 2113.03 OF THE REVISED CODE OR TO     1,622        

FILE AN APPLICATION FOR THE GRANT OF LETTERS TESTAMENTARY OR       1,623        

LETTERS OF ADMINISTRATION IN CONNECTION WITH THE DECEDENT'S        1,624        

ESTATE.                                                                         

      Sec. 2113.61.  (A)(1)  When real property passes by the      1,633        

laws of intestate succession or under a will, the administrator    1,634        

or executor shall file in probate court, prior to the filing of    1,635        

his THE ADMINISTRATOR'S OR EXECUTOR'S final account, an            1,636        

                                                          34     


                                                                 
application requesting the court to issue a certificate of         1,637        

transfer as to the real property.  Real property sold by an        1,639        

executor or administrator or land registered under Chapters 5309.  1,640        

and 5310. of the Revised Code are IS excepted from the             1,641        

application requirement.  Cases in which an order has been made    1,642        

UNDER SECTION 2113.03 OF THE REVISED CODE relieving an estate                   

from administration and in which the order directing transfer of   1,644        

real property to the person entitled to it may be substituted for  1,645        

the certificate of transfer also are excepted from the             1,646        

application requirement.                                                        

      (2)  IN ACCORDANCE WITH DIVISION (C)(3)(b) OF SECTION        1,649        

2113.031 OF THE REVISED CODE, AN APPLICATION FOR A CERTIFICATE OF  1,651        

TRANSFER OF AN INTEREST IN REAL PROPERTY INCLUDED IN THE ASSETS    1,652        

OF THE DECEDENT'S ESTATE SHALL ACCOMPANY AN APPLICATION FOR A      1,653        

SUMMARY RELEASE FROM ADMINISTRATION UNDER THAT SECTION.  THIS      1,654        

SECTION APPLIES TO THE APPLICATION FOR AND THE ISSUANCE OF THE     1,655        

REQUESTED CERTIFICATE OF TRANSFER EXCEPT TO THE EXTENT THAT THE    1,656        

PROBATE COURT DETERMINES THAT THE NATURE OF ANY OF THE PROVISIONS  1,657        

OF THIS SECTION IS INCONSISTENT WITH THE NATURE OF A GRANT OF A    1,658        

SUMMARY RELEASE FROM ADMINISTRATION.                               1,659        

      (B)  The SUBJECT TO DIVISION (A)(2) OF THIS SECTION, THE     1,662        

application for a certificate of transfer shall contain all of     1,663        

the following:                                                                  

      (1)  The name, place of residence at death, and date of      1,665        

death of the decedent;                                             1,666        

      (2)  A statement whether the decedent died testate or        1,668        

intestate;                                                         1,669        

      (3)  The fact and date of the filing and probate of the      1,671        

will, if applicable, and the fact and date of the appointment of   1,672        

the administrator or executor;                                     1,673        

      (4)  A description of each parcel of real property situated  1,675        

in this state that is owned by the decedent at the time of his     1,676        

death;                                                             1,677        

      (5)  Insofar as they can be ascertained, the names, ages,    1,679        

                                                          35     


                                                                 
places of residence, and relationship to the decedent of the       1,680        

persons to whom each parcel of real property described in          1,681        

division (B)(4) of this section passed by descent or devise;       1,682        

      (6)  A statement that all the known debts of the decedent's  1,684        

estate have been paid or secured to be paid, or that sufficient    1,685        

other assets are in hand to complete the payment of those debts;   1,686        

      (7)  Other pertinent information that the court requires.    1,688        

      (C)  The SUBJECT TO DIVISION (A)(2) OF THIS SECTION, THE     1,691        

court shall issue a certificate of transfer for record in each     1,692        

county in this state in which real property so passing is          1,693        

situated, that shall recite all of the following:                               

      (1)  The name and date of death of the decedent;             1,695        

      (2)  Whether the decedent died testate or intestate and, if  1,697        

testate, the volume and page of the record of the will;            1,698        

      (3)  The volume and page of the probate court record of the  1,700        

administration of the estate;                                      1,701        

      (4)  The names and places of residence of the devisees, the  1,703        

interests passing to them, the names and places of residence of    1,704        

the persons inheriting intestate, and the interests inherited by   1,705        

them, in each parcel of real property described in division        1,706        

(B)(4) of this section;                                            1,707        

      (5)  A description of each parcel of real property           1,709        

described in division (B)(4) of this section;                      1,710        

      (6)  Other information that in the opinion of the court      1,712        

should be included.                                                1,713        

      (D)  If an executor or administrator has failed to file an   1,715        

application for a certificate of transfer before being             1,716        

discharged, the application may be filed by an heir or devisee,    1,717        

or a successor in interest, in the probate court in which the      1,718        

testator's will was probated or, in the case of intestate          1,719        

estates, in the probate court in which administration was had.     1,720        

If no administration was had on an estate and if no                1,721        

administration is contemplated, EXCEPT IN THE CASE OF THE GRANT    1,722        

OF OR CONTEMPLATED APPLICATION FOR THE GRANT OF AN ORDER OF A      1,723        

                                                          36     


                                                                 
SUMMARY RELEASE FROM ADMINISTRATION UNDER SECTION 2113.031 OF THE  1,724        

REVISED CODE, an application for a certificate of transfer may be  1,726        

filed by an heir or devisee, or a successor in interest, in the    1,727        

probate court of the county in which the decedent was a resident   1,728        

at the time of his death.                                                       

      A foreign executor or administrator, when no ancillary       1,730        

administration proceedings have been had or are being had in this  1,731        

state, may file in accordance with this section an application     1,732        

for a certificate of transfer in the probate court of any county   1,733        

of this state in which real property of the decedent is located.   1,734        

      When a person who has entered into a written contract for    1,736        

the sale and conveyance of an interest in real property dies       1,737        

before its completion, the interest of the decedent in the         1,738        

contract and the record title to the real property described in    1,739        

the contract may be transferred to the persons, legatees,          1,740        

devisees, or heirs at law entitled to the interest of the          1,741        

decedent in the real property, in the same manner as provided in   1,742        

this section and sections 2113.62 and 2113.63 of the Revised Code  1,743        

for the transfer of real property.  The application for the        1,744        

certificate of transfer and the certificate itself also shall      1,745        

recite that the real property described in the application or      1,746        

certificate is subject to a written contract for its sale and      1,747        

conveyance.                                                        1,748        

      Sec. 2131.10.  A natural person, adult or minor, referred    1,757        

to in sections 2131.10 and 2131.11 of the Revised Code as the      1,758        

owner, may enter into a written contract with any bank, building   1,759        

and loan or savings and loan association, credit union, or         1,760        

society for savings, authorized to receive money on an investment  1,761        

share certificate, share account, deposit, or stock deposit, and   1,762        

transacting business in this state, whereby the proceeds of the    1,763        

owner's investment share certificate, share account, deposit, or   1,764        

stock deposit may be made payable on the death of the owner to     1,765        

another natural person or to any entity or organization, referred  1,766        

to in such sections as the beneficiary, notwithstanding any        1,767        

                                                          37     


                                                                 
provisions to the contrary in Chapter 2107. of the Revised Code.   1,768        

In creating such accounts, "payable on death" or "payable on the   1,769        

death of" may be abbreviated to "P.O.D."                           1,770        

      Every contract of an investment share certificate, share     1,772        

account, deposit, or stock deposit authorized by this section      1,773        

shall be deemed to contain a right on the part of the owner        1,774        

during his THE OWNER'S lifetime both to withdraw the proceeds of   1,775        

such investment share certificate, share account, deposit, or      1,777        

stock deposit, in whole or in part, as though no beneficiary has   1,778        

been named, and to designate a change in beneficiary.  The         1,779        

interest of the beneficiary shall be deemed not to vest until the  1,780        

death of the owner.                                                1,781        

      No change in the designation of the beneficiary shall be     1,783        

valid unless executed in the form and manner prescribed by the     1,784        

bank, building and loan or savings and loan association, credit    1,785        

union, or society for savings.                                     1,786        

      Sec. 5111.11.  (A)  As used in this section, "estate" means  1,795        

all property to be administered under Title XXI of the Revised     1,797        

Code and property that would be administered under that title if   1,798        

not for section 2113.03 OR 2113.031 of the Revised Code.           1,799        

      (B)  For the purpose of recovering the cost of services      1,802        

correctly paid under the medical assistance program to a                        

recipient age fifty-five or older, the department of human         1,803        

services shall institute an estate recovery program against the    1,804        

property and estates of medical assistance recipients to recover   1,806        

medical assistance correctly paid on their behalf to the extent                 

that federal law and regulations permit the implementation of      1,807        

such a program OF THAT NATURE.  The department shall seek to       1,809        

recover medical assistance correctly paid only after the           1,810        

recipient and the recipient's surviving spouse, if any, have died  1,812        

and only at a time when the recipient has no surviving child who   1,813        

is under age twenty-one or blind or permanently and totally        1,814        

disabled.                                                                       

      The department may enter into a contract with any person     1,816        

                                                          38     


                                                                 
under which the person administers the estate recovery program on  1,817        

behalf of the department or performs any of the functions          1,819        

required to carry out the program.  The contract may provide for   1,820        

the person to be compensated from the property recovered from the  1,821        

estates of medical assistance recipients or may provide for such   1,822        

other ANOTHER manner of compensation as is agreed to by the        1,824        

person and the department.  Regardless of whether it is            1,825        

administered by the department or a person under contract with     1,826        

the department, the program shall be administered in accordance    1,827        

with applicable requirements of federal law and regulations and    1,828        

state law and rules.                                                            

      (C)  The department may waive seeking recovery of medical    1,831        

assistance correctly paid if the director of human services        1,832        

determines that recovery would work an undue hardship.  The        1,833        

director, in accordance with Chapter 119. of the Revised Code,     1,834        

shall adopt rules establishing procedures for waiver of recovery   1,835        

due to an undue hardship, which shall meet the standards           1,836        

specified by the United States secretary of health and human       1,838        

services under 42 U.S.C. 1396p(b)(3), as amended.                  1,840        

      (D)  Any action that may be taken by the department under    1,843        

section 5111.111 of the Revised Code may be taken by a person      1,845        

administering the program, or performing actions specified in      1,846        

that section, pursuant to a contract with the department.                       

      Sec. 5731.21.  (A)(1)(a)  Except as provided under division  1,855        

(A)(3) of this section, the executor or administrator, or, if no   1,856        

executor or administrator has been appointed, then such other      1,857        

ANOTHER person in possession of property, the transfer of which    1,858        

is subject to estate taxes under section 5731.02 or division (A)   1,860        

of section 5731.19 of the Revised Code, shall file an estate tax   1,861        

return, within nine months of the date of the decedent's death,    1,862        

in the form prescribed by the tax commissioner, in duplicate,      1,863        

with the probate court of the county.  The return shall include    1,864        

all property the transfer of which is subject to estate taxes,     1,865        

whether such THAT property is transferred under the last will and  1,867        

                                                          39     


                                                                 
testament of the decedent or otherwise.  The time for filing the                

return may be extended by the tax commissioner.                    1,868        

      (b)  The estate tax return described in division (A)(1)(a)   1,870        

of this section shall be accompanied by a certificate, in the      1,871        

form prescribed by the tax commissioner, that is signed by the     1,872        

executor, administrator, or other person required to file the      1,873        

return, and that states all of the following:                      1,874        

      (i)  The fact that the return was filed;                     1,876        

      (ii)  The date of the filing of the return;                  1,878        

      (iii)  The fact that the estate taxes under section 5731.02  1,880        

or division (A) of section 5731.19 of the Revised Code, that are   1,881        

shown to be due in the return, have been paid in full;             1,882        

      (iv)  If applicable, the fact that real property listed in   1,884        

the inventory for the decedent's estate is included in the         1,885        

return;                                                            1,886        

      (v)  If applicable, the fact that real property not listed   1,888        

in the inventory for the decedent's estate, including, but not     1,889        

limited to, survivorship tenancy property as described in section  1,890        

5302.17 of the Revised Code, also is included in the return.  In   1,891        

this regard, the certificate additionally shall describe that      1,892        

real property by the same description used in the return.          1,893        

      (2)  The probate court shall forward one copy of the estate  1,895        

tax return described in division (A)(1)(a) of this section to the  1,896        

tax commissioner.                                                  1,897        

      (3)  If the value of the gross estate of the decedent is     1,899        

twenty-five thousand dollars or less and the decedent was a        1,900        

resident of this state, the person otherwise required to file a    1,901        

return may file a return, but shall not be required to do so.  IF  1,903        

A PROBATE COURT ISSUES AN ORDER THAT GRANTS A SUMMARY RELEASE      1,904        

FROM ADMINISTRATION IN CONNECTION WITH A DECEDENT'S ESTATE UNDER   1,905        

SECTION 2113.031 OF THE REVISED CODE, THAT ORDER ELIMINATES THE    1,906        

DUTY OF ALL PERSONS TO FILE AN ESTATE TAX RETURN AND CERTIFICATE   1,907        

UNDER DIVISIONS (A)(1)(a) AND (b) OF THIS SECTION WITH RESPECT TO  1,909        

THE ESTATE FOR WHICH THE ORDER WAS GRANTED.                                     

                                                          40     


                                                                 
      (4)(a)  Upon receipt of the estate tax return described in   1,911        

division (A)(1)(a) of this section and the accompanying            1,912        

certificate described in division (A)(1)(b) of this section, the   1,913        

probate court promptly shall give notice of the return, by a form  1,914        

prescribed by the tax commissioner, to the county auditor.  The    1,915        

auditor then shall make a charge based upon the notice and shall   1,916        

certify a duplicate of the charge to the county treasurer.  The    1,917        

treasurer then shall collect, subject to division (A) of section   1,918        

5731.25 of the Revised Code or any other statute extending the     1,919        

time for payment of an estate tax, the tax so charged.             1,920        

      (b)  Upon receipt of the return and the accompanying         1,922        

certificate, the probate court also shall forward the certificate  1,923        

to the auditor.  When satisfied that the estate taxes under        1,924        

section 5731.02 or division (A) of section 5731.19 of the Revised  1,925        

Code, that are shown to be due in the return, have been paid in    1,926        

full, the auditor shall stamp the certificate so forwarded to      1,927        

verify that payment.  The auditor then shall return the stamped    1,928        

certificate to the probate court.                                  1,929        

      (5)(a)  The certificate described in division (A)(1)(b) of   1,931        

this section is a public record subject to inspection and copying  1,932        

in accordance with section 149.43 of the Revised Code.  It shall   1,933        

be kept in the records of the probate court pertaining to the      1,934        

decedent's estate and is not subject to the confidentiality        1,935        

provisions of section 5731.90 of the Revised Code.                 1,936        

      (b)  All persons are entitled to rely on the statements      1,938        

contained in a certificate as described in division (A)(1)(b) of   1,939        

this section if it has been filed in accordance with that          1,940        

division, forwarded to a county auditor and stamped in accordance  1,941        

with division (A)(4) of this section, and placed in the records    1,942        

of the probate court pertaining to the decedent's estate in        1,943        

accordance with division (A)(5)(a) of this section.  The real      1,944        

property referred to in the certificate shall be free of, and may  1,945        

be regarded by all persons as being free of, any lien for estate   1,946        

taxes under section 5731.02 and division (A) of section 5731.19    1,947        

                                                          41     


                                                                 
of the Revised Code.                                               1,948        

      (B)  An estate tax return filed under this section, in the   1,950        

form prescribed by the tax commissioner, and showing that no       1,951        

estate tax is due shall result in a determination that no estate   1,952        

tax is due, if the tax commissioner, within three months after     1,953        

the receipt of the return by the department of taxation, fails to  1,954        

file exceptions to the return in the probate court of the county   1,955        

in which the return was filed.  A copy of exceptions to such a     1,956        

return OF THAT NATURE, when the tax commissioner files them        1,957        

within that period, shall be sent by ordinary mail to the person   1,958        

who filed the return.  The tax commissioner is not bound under     1,959        

this division by a determination that no estate tax is due, with   1,960        

respect to property not disclosed in the return.                   1,961        

      (C)  If the executor, administrator, or other person         1,963        

required to file an estate tax return fails to file it within      1,964        

nine months of the date of the decedent's death, the tax           1,965        

commissioner may determine the estate tax in such THAT estate and  1,967        

issue a certificate of determination in the same manner as is                   

provided in division (B) of section 5731.27 of the Revised Code.   1,968        

Such A certificate of determination OF THAT NATURE has the same    1,970        

force and effect as though a return had been filed and a           1,971        

certificate of determination issued with respect to the return.    1,972        

      Section 2.  That existing sections 319.54, 1109.07,          1,974        

1339.411, 2101.12, 2101.16, 2101.24, 2106.10, 2106.13, 2106.18,    1,977        

2107.501, 2113.03, 2113.61, 2131.10, 5111.11, and 5731.21 of the   1,978        

Revised Code are hereby repealed.                                  1,979