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
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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
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(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
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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
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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
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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.