As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                             Sub. S. B. No. 152  5            

      1999-2000                                                    6            


        SENATORS CUPP-LATTA-OELSLAGER-ESPY-HERINGTON-HORN          7            

                                                                                

  REPRESENTATIVES SALERNO-MOTTLEY-GRENDELL-TERWILLEGER-BENDER-     9            

                  GOODMAN-HARTLEY-REDFERN-BOYD                     10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 2105.06, 2105.061, 2106.11, and     14           

                2127.04 of the Revised Code to modify the laws     15           

                regarding intestate succession.                                 




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That sections 2105.06, 2105.061, 2106.11, and    20           

2127.04, of the Revised Code be amended to read as follows:        23           

      Sec. 2105.06.  When a person dies intestate having title or  32           

right to any personal property, or to any real estate or           33           

inheritance, in this state, the personal property shall be         34           

distributed, and the real estate or inheritance shall descend and  35           

pass in parcenary, except as otherwise provided by law, in the     36           

following course:                                                  37           

      (A)  If there is no surviving spouse, to the children of     39           

the intestate or their lineal descendants, per stirpes;            40           

      (B)  IF THERE IS A SPOUSE AND ONE OR MORE CHILDREN OF THE    42           

DECEDENT OR THEIR LINEAL DESCENDANTS SURVIVING, AND ALL OF THE     43           

DECEDENT'S CHILDREN WHO SURVIVE OR HAVE LINEAL DESCENDANTS         44           

SURVIVING ALSO ARE CHILDREN OF THE SURVIVING SPOUSE, THEN THE      45           

WHOLE TO THE SURVIVING SPOUSE;                                                  

      (C)  If there is a spouse and one child OF THE DECEDENT or   47           

its THE CHILD'S lineal descendants surviving, the first sixty      48           

thousand dollars if AND the SURVIVING spouse is NOT the natural    50           

or adoptive parent of the DECEDENT'S child, or the first twenty    51           

                                                          2      


                                                                 
thousand dollars if the spouse is not the natural or adoptive                   

parent of the child, plus one-half of the balance of the           52           

intestate estate to the spouse and the remainder to the child or   53           

his THE CHILD'S lineal descendants, per stirpes;                   54           

      (C)(D)  If there is a spouse and more than one child or      56           

their lineal descendants surviving, the first sixty thousand       57           

dollars if the spouse is the natural or adoptive parent of one,    58           

BUT NOT ALL, of the children, or the first twenty thousand         59           

dollars if the spouse is the natural or adoptive parent of none    61           

of the children, plus one-third of the balance of the intestate    62           

estate to the spouse and the remainder to the children equally,    63           

or to the lineal descendants of any deceased child, per stirpes;   64           

      (D)(E)  If there are no children or their lineal             66           

descendants, then the whole to the surviving spouse;               67           

      (E)(F)  If there is no spouse and no children or their       69           

lineal descendants, to the parents of the intestate equally, or    70           

to the surviving parent;                                           71           

      (F)(G)  If there is no spouse, no children or their lineal   73           

descendants, and no parent surviving, to the brothers and          74           

sisters, whether of the whole or of the half blood of the          75           

intestate, or their lineal descendants, per stirpes;               76           

      (G)(H)  If there are no brothers or sisters or their lineal  78           

descendants, one-half to the paternal grandparents of the          79           

intestate equally, or to the survivor of them, and one-half to     80           

the maternal grandparents of the intestate equally, or to the      81           

survivor of them;                                                  82           

      (H)(I)  If there is no paternal grandparent or no maternal   84           

grandparent, one-half to the lineal descendants of the deceased    85           

grandparents, per stirpes; if there are no such lineal             86           

descendants, then to the surviving grandparents or their lineal    87           

descendants, per stirpes; if there are no surviving grandparents   88           

or their lineal descendants, then to the next of kin of the        89           

intestate, provided there shall be no representation among such    90           

next of kin;                                                       91           

                                                          3      


                                                                 
      (I)(J)  If there are no next of kin, to stepchildren or      93           

their lineal descendants, per stirpes;                             94           

      (J)(K)  If there are no stepchildren or their lineal         96           

descendants, escheat to the state.                                 97           

      Sec. 2105.061.  Except any real property that a surviving    106          

spouse elects to receive under section 2106.10 of the Revised      108          

Code, the title to real property in an intestate estate shall                   

descend and pass in parcenary to those persons entitled to it      109          

under division (B) or, (C), OR (D) of section 2105.06 of the       111          

Revised Code, subject to the monetary charge of the surviving      112          

spouse.  The administrator or executor shall file an application   113          

for a certificate of transfer as provided in section 2113.61 of    114          

the Revised Code, which AND THE APPLICATION shall include a        115          

statement of the amount of money that remains due and payable to   116          

the surviving spouse as found by the probate court.  The           118          

certificate of transfer ordered by the probate court shall recite  119          

that the title to the real property described in the certificate   120          

is subject to the monetary charge in favor of the surviving        121          

spouse, and shall recite the value in dollars of the charge on     122          

the title to the real property included in the certificate.        123          

      Sec. 2106.11.  Subject to the right of the surviving spouse  133          

to elect to receive the decedent's interest in the mansion house                

pursuant to section 2106.10 of the Revised Code, the specific      135          

monetary share payable to a surviving spouse under division (B)                 

or, (C), OR (D) of section 2105.06 of the Revised Code shall be    137          

paid out of the tangible and intangible personal property in the   138          

intestate estate to the extent that the personal property is       139          

available for distribution.  The personal property distributed to  140          

the surviving spouse, other than cash, shall be valued at the      141          

appraised value.                                                                

      Before tangible and intangible personal property is          143          

transferred to the surviving spouse in payment or part payment of  144          

the specific monetary share, the administrator or executor shall   145          

file an application that includes an inventory of the personal     146          

                                                          4      


                                                                 
property intended to be distributed in kind to the surviving       147          

spouse, together with a statement of the appraised value of each   148          

item of personal property included.  The court shall examine the   149          

application and make a finding of the amount of personal property  150          

to be distributed to the surviving spouse, and shall order that    151          

the personal property be distributed to the surviving spouse. The  153          

court concurrently shall make a finding of the amount of money     154          

that remains due and payable to the surviving spouse in                         

satisfaction of the specific monetary share to which the           155          

surviving spouse is entitled under division (B) or, (C), OR (D)    157          

of section 2105.06 of the Revised Code.  Any amount that remains   158          

due and payable shall be a charge on the title to any real                      

property in the estate but the charge does not bear interest.      160          

This charge may be conveyed or released in the same manner as any  161          

other interest in real estate and may be enforced by foreclosure   162          

or any other appropriate remedy.                                   163          

      Sec. 2127.04.  (A)  With the consent of all persons          172          

entitled to share in an estate upon distribution, the executor,    173          

administrator, or administrator with the will annexed may, and     174          

upon the request of these persons shall, commence an action in     175          

the probate court for authority to sell any part or all of the     176          

decedent's real estate, even though THE REAL ESTATE IS not         177          

required to be sold to pay debts or legacies.  A guardian may      179          

make such a request UNDER THIS DIVISION, or give consent, on       180          

behalf of his THE GUARDIAN'S ward.                                 181          

      (B)  An executor, administrator, or administrator with the   183          

will annexed may commence an action in the probate court, on his   184          

THE EXECUTOR OR ADMINISTRATOR'S own motion, to sell any part or    186          

all of the decedent's real estate, even though it THE REAL ESTATE  187          

is not required to be sold to pay debts or legacies.  The court    189          

shall not issue an order of sale in the action unless one of the   190          

following categories SPECIFIED IN DIVISIONS (B)(1)(a), (b), AND    191          

(c), (B)(2)(a), (b), AND (c), AND (B)(3) OF THIS SECTION applies:  193          

      (1)(a)  At least fifty per cent of all the persons           195          

                                                          5      


                                                                 
interested in the real estate proposed to be sold have consented   196          

to the sale; and, prior.                                           197          

      (b)  PRIOR to the issuance of the order, no written          199          

objection is filed with the court by any person or persons who     200          

hold aggregate interests in the interest of the decedent in the    201          

real estate proposed to be sold, that total in excess of           202          

twenty-five per cent; and the.                                     203          

      (c)  THE court determines that the sale is in the best       206          

interest of the decedent's estate.                                              

      (2)(a)  No person's interest in the interest of the          208          

decedent in the real estate proposed to be sold exceeds ten per    209          

cent; and, prior.                                                  210          

      (b)  PRIOR to the issuance of the order, no written          212          

objection is filed with the court by any person or persons who     213          

hold aggregate interests in the interest of the decedent in the    214          

real estate proposed to be sold, that total in excess of           215          

twenty-five per cent; and the.                                     216          

      (c)  THE court determines that the sale is in the best       218          

interest of the decedent's estate.                                 219          

      (3)  The real estate proposed to be sold escheats to the     221          

state under division (J)(K) of section 2105.06 of the Revised      222          

Code.                                                              223          

      (C)  Notwithstanding any provision of the Revised Code, an   225          

executor, administrator, or administrator with the will annexed    226          

shall commence an action in the probate court to sell any part or  227          

all of the decedent's real estate if any person who is entitled    228          

to inherit all or part of the real estate cannot be found after a  229          

due and diligent search.  The court shall not issue an order of    230          

sale in the action unless the sale is in the best interest of the  231          

person who cannot be found and in the best interest of the         232          

decedent's estate.                                                 233          

      If a sale is ordered under this division, the costs of its   235          

administration shall be taken from the proceeds of the sale.       236          

      (D)  A surviving spouse who is an executor or administrator  238          

                                                          6      


                                                                 
of the decedent spouse's estate is not disqualified, by reason of  239          

being executor or administrator, as a person to whom a parcel of   240          

real estate may be sold pursuant to this section.                  241          

      Section 2.  That existing sections 2105.06, 2105.061,        243          

2106.11, and 2127.04 of the Revised Code are hereby repealed.      244          

      Section 3.  Sections  2105.06, 2105.061, 2106.11, and        246          

2127.04 of the Revised Code, as amended by this act, shall apply   248          

to the estates of decedents who die on or after the effective      249          

date of this act.