REPRESENTATIVES Hughes, Willamowski, Oelslager, Harwood, Book, Brown, Carmichael, C. Evans, Fessler, Flowers, Gilb, Hartnett, Latta, Martin, McGregor, T. Patton, Perry, Reidelbach, Schmidt, Schneider, Skindell, S. Smith, D. Stewart, Yates

To amend sections 2106.01, 2106.02, 2107.19,

1

2109.301, 2109.32, 2113.53, 2117.06, 2117.07,

2

2117.11, and 2117.12 and to enact section 2101.163

3

of the Revised Code relative to the election by a

4

surviving spouse, notice of admission of a will to

5

probate, accounts of administrators and executors,

6

distribution of estate assets, presentation of

7

creditors' claims to distributees, dispute

8

resolution procedures in probate court, and time

9

for presenting claims against an estate.

10

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

Section 1. That sections 2106.01, 2106.02, 2107.19, 2109.301,	11
2109.32, 2113.53, 2117.06, 2117.07, 2117.11, and 2117.12 be	12
amended and section 2101.163 of the Revised Code be enacted to	13
read as follows:	14

Sec. 2101.163. (A) A probate judge may establish by rule	15
procedures for the resolution of disputes between parties to any	16
civil action or proceeding that is within the jurisdiction of the	17
probate court. Any procedures so adopted shall include, but are	18
not limited to, mediation. If the probate judge establishes any	19
procedures under this division, the probate judge may charge, in	20
addition to the fees and costs authorized under section 2101.16 of	21
the Revised Code, a reasonable fee, not to exceed fifteen dollars,	22
that is to be collected on the filing of each action or proceeding	23
and that is to be used to implement the procedures.	24

(B) The probate court shall pay to the county treasurer of	25
the county in which the court is located all fees collected under	26
division (A) of this section. The treasurer shall place the funds	27
from the fees in a separate fund to be disbursed upon an order of	28
the probate judge.	29

(C) If the probate judge determines that the amount of the	30
moneys in the fund described in division (B) of this section is	31
more than the amount that is sufficient to satisfy the purpose for	32
which the additional fee described in division (A) of this section	33
was imposed, the probate judge may declare a surplus in the fund	34
and expend the surplus moneys for other appropriate judicial	35
expenses of the probate court.	36

Sec. 2106.01.  (A) After the initial appointment of an	37
administrator or executor of the estate, the probate court shall	38
issue a citation to the surviving spouse, if any is living at the	39
time of the issuance of the citation, to elect whether to exercise	40
the surviving spouse's rights under Chapter 2106. of the Revised	41
Code, including, after the probate of a will, the right to elect	42
to take under the will or under section 2105.06 of the Revised	43
Code.	44

A surviving spouse may waive the service of the citation	45
required under this division by filing in the probate court a	46
written waiver of the citation. The waiver shall include an	47
acknowledgment of receipt of the description of the general rights	48
of the surviving spouse required by division (B) of section	49
2106.02 of the Revised Code.	50

(B) If the surviving spouse elects to take under section	51
2105.06 of the Revised Code and if the value of the property that	52
the surviving spouse is entitled to receive is equal to or greater	53
than the value of the decedent's interest in the mansion house as	54
determined under section 2106.10 of the Revised Code, the	55
surviving spouse also is entitled to make an election pursuant to	56
division (A) of section 2106.10 of the Revised Code.	57

(C) If the surviving spouse elects to take under section	58
2105.06 of the Revised Code, the surviving spouse shall take not	59
to exceed one-half of the net estate, unless two or more of the	60
decedent's children or their lineal descendants survive, in which	61
case the surviving spouse shall take not to exceed one-third of	62
the net estate.	63

For purposes of this division, the net estate shall be	64
determined before payment of federal estate tax, estate taxes	65
under Chapter 5731. of the Revised Code, or any other tax that is	66
subject to apportionment under section 2113.86 or 2113.861 of the	67
Revised Code.	68

(D) Unless the will expressly provides that in case of an	69
election under division (A) of this section there shall be no	70
acceleration of remainder or other interests bequeathed or devised	71
by the will, the balance of the net estate shall be disposed of as	72
though the surviving spouse had predeceased the testator. If there	73
is a disposition by a will to an inter vivos trust that was	74
created by the testator, if under the terms of the trust the	75
surviving spouse is entitled to any interest in the trust or is	76
granted any power or nomination with respect to the trust, and if	77
the surviving spouse makes an election to take under section	78
2105.06 of the Revised Code, then, unless the trust instrument	79
provides otherwise, the surviving spouse is deemed for purposes of	80
the trust to have predeceased the testator, and there shall be an	81
acceleration of remainder or other interests in all property	82
bequeathed or devised to the trust by the will, in all property	83
held by the trustee at the time of the death of the decedent, and	84
in all property that comes into the hands of the trustee by reason	85
of the death of the decedent.	86

(E) The election of a surviving spouse to take under a will	87
or under section 2105.06 of the Revised Code may be made at any	88
time after the death of the decedent, but the surviving spouse	89
shall not make the election later than five months from the date	90
of the initial appointment of an administrator or executor of the	91
estate. On a motion filed before the expiration of the five-month	92
period, and for good cause shown, the court may allow further time	93
for the making of the election. If no action is taken by the	94
surviving spouse before the expiration of the five-month period,	95
it is conclusively presumed that the surviving spouse elects to	96
take under the will. The election shall be entered on the journal	97
of the court.	98

When proceedings for advice or to contest the validity of a	99
will are begun within the time allowed by this division for making	100
the election, the election may be made within three months after	101
the final disposition of the proceedings, if the will is not set	102
aside.	103

(F) When a surviving spouse succeeds to the entire estate of	104
the testator, having been named the sole devisee and legatee, it	105
shall be presumed that the spouse elects to take under the will of	106
the testator, unless the surviving spouse manifests a contrary	107
intention.	108

Sec. 2106.02.  (A) The citation to make the election referred	109
to in section 2106.01 of the Revised Code shall be sent toserved	110
on the surviving spouse by certified mailpursuant to Civil Rule	111
73. Notice that the citation has been issued by the court shall be	112
given to the administrator or executor of the estate of the	113
deceased spouse.	114

(B) The citation shall be accompanied by a general	115
description of the effect of the election to take under the will	116
or under section 2105.06 of the Revised Code and the general	117
rights of the surviving spouse under Chapter 2106. of the Revised	118
Code. The description shall include a specific reference to the	119
procedures available to the surviving spouse under section 2106.03	120
of the Revised Code and to the presumption that arises if the	121
surviving spouse does not make the election in accordance with	122
division (E) of section 2106.01 of the Revised Code. The	123
description of the general rights of the surviving spouse under	124
Chapter 2106. of the Revised Code shall include a specific	125
reference to the presumption that arises if the surviving spouse	126
does not makeexercise the electionrights under Chapter 2106. of	127
the Revised Code within the time period specified by section	128
2106.25 of the Revised Code. The description of the effect of the	129
election and of the general rights of the surviving spouse need	130
not relate to the nature of any particular estate.	131

(C) A surviving spouse electing to take under the will may	132
manifest the election in writing within the times described in	133
division (E) of section 2106.01 of the Revised Code.	134

Sec. 2107.19.  (A)(1) Subject to divisions (A)(2) and (B) of	135
this section, when a will has been admitted to probate, the	136
fiduciary for the estate or another person specified in division	137
(A)(4) of this section shall, within two weeks of the admission of	138
the will to probate, give a notice as described in this division	139
and in the manner provided by Civil Rule 73(E) to the surviving	140
spouse of the testator, to all persons who would be entitled to	141
inherit from the testator under Chapter 2105. of the Revised Code	142
if the testator had died intestate, and to all legatees and	143
devisees named in the will. The notice shall mention the probate	144
of the will and, if a particular person being given the notice is	145
a legatee or devisee named in the will, shall state that the	146
person is named in the will as beneficiary. A copy of the will	147
admitted to probate is not required to be given with the notice.	148

(2) A person entitled to be given the notice described in	149
division (A)(1) of this section may waive that right by filing a	150
written waiver of the right to receive the notice in the probate	151
court. The person may file the waiver of the right to receive the	152
notice at any time prior to or after the will has been admitted to	153
probate.	154

(3) The fact that the notice described in division (A)(1) of	155
this section has been given, subject to division (B) of this	156
section, to all persons described in division (A)(1) of this	157
section who have not waived their right to receive the notice,	158
and, if applicable, the fact that certain persons described in	159
that division have waived their right to receive the notice in	160
accordance with division (A)(2) of this section, shall be	161
evidenced by a certificate that shall be filed in the probate	162
court in accordance with division (A)(4) of this section.	163

(4) The notice of the admission of the will to probate	164
required by division (A)(1) of this section and the certificate of	165
giving notice or waiver of notice required by division (A)(3) of	166
this section shall be given or filed by the fiduciary for the	167
estate or by the applicant for the admission of the will to	168
probate, the applicant for a release from administration, any	169
other interested person, or the attorney for the fiduciary or for	170
any of the preceding persons. The certificate of giving notice	171
shall be filed not later than two months after the appointment of	172
the fiduciary or, if no fiduciary has been appointed, not later	173
than two months after the admission of the will to probate, unless	174
the court grants an extension of that time. Failure to file the	175
certificate in a timely manner shall subject the fiduciary or	176
applicant to the citation and penalty provisions of section	177
2109.31 of the Revised Code.	178

(B) The fiduciary or another person specified in division	179
(A)(4) of this section is not required to give a notice pursuant	180
to division (A)(1) of this section to persons who have been	181
notified of the application for probate of the will or of a	182
contest as to jurisdiction or to persons whose names or places of	183
residence are unknown and cannot with reasonable diligence be	184
ascertained, and a person authorized by division (A)(4) of this	185
section to give notice shall file in the probate court a	186
certificate to that effect.	187

Sec. 2109.301.  (A) An administrator or executor shall render	188
an account at any time other than a time otherwise mentioned in	189
this section upon an order of the probate court issued for good	190
cause shown either at its own instance or upon the motion of any	191
person interested in the estate. Except as otherwise provided in	192
division (B)(2) of this section, an administrator or executor	193
shall render a final account within thirty days after completing	194
the administration of the estate or within any other period of	195
time that the court may order.	196

Every account shall include an itemized statement of all	197
receipts of the administrator or executor during the accounting	198
period and of all disbursements and distributions made by the	199
executor or administrator during the accounting period. In	200
addition, the account shall include an itemized statement of all	201
funds, assets, and investments of the estate known to or in the	202
possession of the administrator or executor at the end of the	203
accounting period and shall show any changes in investments since	204
the last previous account.	205

Every account shall be upon the signature of the	206
administrator or executor. When two or more administrators or	207
executors render an account, the court may allow the account upon	208
the signature of one of them. The court may examine the	209
administrator or executor under oath concerning the account.	210

When an administrator or executor is authorized by law or by	211
the instrument governing distribution to distribute the assets of	212
the estate, in whole or in part, the administrator or executor may	213
do so and include a report of the distribution in the	214
administrator's or executor's succeeding account.	215

In estates of decedents in which none of the legatees,	216
devisees, or heirs is under a legal disability, each partial	217
accounting of an executor or administrator may be waived by the	218
written consent of all the legatees, devisees, or heirs filed in	219
lieu of a partial accounting otherwise required.	220

(B)(1) Every administrator and executor, within six months	221
after appointment, shall render a final and distributive account	222
of the administrator's or executor's administration of the estate	223
unless one or more of the following circumstances apply:	224

(a) An Ohio estate tax return must be filed for the estate.

225

(b) A proceeding contesting the validity of the decedent's	226
will pursuant to section 2107.71 of the Revised Code has been	227
commenced.	228

(c) The surviving spouse has filed an election to take	229
against the will.	230

(d) The administrator or executor is a party in a civil	231
action.	232

(e) The estate is insolvent.

233

(f) For other reasons set forth by the administrator or	234
executor, subject to court approval, it would be detrimental to	235
the estate and its beneficiaries or heirs to file a final and	236
distributive account.	237

(2) In estates of decedents in which the sole legatee,	238
devisee, or heir is also the administrator or executor of the	239
estate, no partial accountings are required, and the. The	240
administrator or executor of an estate of that type shall not file	241
a final account or final and distributive account. Inor, in lieu	242
of filing a final account, the administrator or executor of an	243
estate of that type shall be discharged by filingmay file with	244
the court within thirty days after completing the administration	245
of the estate a certificate of termination of an estate that	246
states all of the following:	247

(a) All debts and claims presented to the estate have been	248
paid in full or settled finally.	249

(b) An estate tax return, if required under the provisions of	250
the Internal Revenue Code or Chapter 5731. of the Revised Code,	251
has been filed, and any estate tax has been paid.	252

(c) All attorney's fees have been waived by or paid to	253
counsel of record of the estate, and all executor or administrator	254
fees have been waived or paid.	255

(d) The amount of attorney's fees and the amount of	256
administrator or executor fees that have been paid.	257

(e) All assets remaining after completion of the activities	258
described in divisions (B)(2)(a) to (d) of this section have been	259
distributed to the sole legatee, devisee, or heir.	260

(3) In an estate of the type described in division (B)(2) of	261
this section, a sole legatee, devisee, or heir of a decedent may	262
be liable to creditors for debts of and claims against the estate	263
that are presented after the filing of the certificate of	264
termination described in that division and within the time allowed	265
by section 2117.06 of the Revised Code for presentation of the	266
creditors' claims.	267

(4) Not later than thirteen months after appointment, every	268
administrator and executor shall render an account of the	269
administrator's or executor's administration, unless a certificate	270
of termination is filed under division (B)(2) of this section.	271
Except as provided in divisions (B)(1) and (2) of this section,	272
after the initial account is rendered, every administrator and	273
executor shall render further accounts at least once each year.	274

Sec. 2109.32.  (A) Every fiduciary's account required by	275
section 2109.301, 2109.302, or 2109.303 of the Revised Code shall	276
be set for hearing before the probate court. The hearing on the	277
account shall be set not earlier than thirty days after the filing	278
of the account.	279

At the hearing upon an account required by section 2109.302	280
or 2109.303 of the Revised Code and, if ordered by the court, upon	281
an account required by section 2109.301 of the Revised Code, the	282
court shall inquire into, consider, and determine all matters	283
relative to the account and the manner in which the fiduciary has	284
executed the fiduciary's trust, including the investment of trust	285
funds, and may order the account approved and settled or make any	286
other order as the court considers proper. If, at the hearing upon	287
an account, the court finds that the fiduciary has fully and	288
lawfully administered the estate or trust and has distributed the	289
assets of the estate or trust in accordance with the law or the	290
instrument governing distribution, as shown in the account, the	291
court shall order the account approved and settled and may order	292
the fiduciary discharged. Upon approval of a final and	293
distributive account required by division (B)(1) of section	294
2109.301 of the Revised Code, the court may order the surety bond	295
for the fiduciary terminated. Unless otherwise ordered by the	296
court, the fiduciary shall be discharged without further order	297
twelve months following the approval of the final and distributive	298
account.	299

(B)(1) An administrator or executor filing an account	300
pursuant to section 2109.301 of the Revised Code shall provide at	301
the time of filing the account a copy of the account to each heir	302
of an intestate estate or to each beneficiary of a testate estate.	303
An administrator or executor is not required to provide a copy of	304
the account to any of the following:	305

(a) An heir or a beneficiary whose residence is unknown;

306

(b) A beneficiary of a specific bequest or devise who has	307
received his or her distribution and for which a receipt has been	308
filed or exhibited with the court.	309

(2) An administrator or executor filing an account pursuant	310
to section 2109.301 of the Revised Code shall file with the	311
probate court a certificate of service of account prior to or	312
simultaneously with the filing of the account.	313

(3) The probate court shall not approve the final account of	314
any executor or administrator until the following events have	315
occurred:	316

(a) Three months have passed since the death of the decedent.

317

(b) The surviving spouse has filed an election to take under	318
or against the will, or the time for making the election has	319
expired.	320

(3)(4) If an administrator or executor learns of the	321
existence of newly discovered assets after the filing of the final	322
account or otherwise comes into possession of assets belonging to	323
the estate after the filing of the final account, the executor or	324
administrator shall file a supplemental final account with respect	325
to the disposition of the assets and shall provide a copy of the	326
supplemental final account to each heir of an intestate estate or	327
to each beneficiary of a testate estate, as provided in division	328
(B)(1) of this section and subject to the exceptions specified in	329
divisions (B)(1)(a) and (b) of this section.	330

(C) The rights of any person with a pecuniary interest in the	331
estate are not barred by approval of an account pursuant to	332
divisions (A) and (B) of this section. These rights may be barred	333
following a hearing on the account pursuant to section 2109.33 of	334
the Revised Code.	335

Sec. 2113.53.  (A) At any time after the appointment of an	336
executor or administrator, the executor or administrator may	337
distribute to the beneficiaries entitled to assets of the estate	338
under the will, if there is no action pending to set aside the	339
will, or to the heirs entitled to assets of the estate by law, in	340
cash or in kind, any part or all of the assets of the estate. Each	341
beneficiary or heir is liable to return the assets, or the	342
proceeds from the assets,to the estate if they are necessary to	343
satisfy the share of a surviving spouse who elects to take against	344
the will pursuant to section 2106.01 of the Revised Code, if they	345
are necessary to satisfy any claims against the estate as provided	346
in this section, or if the will is set aside.	347

(B) After distribution pursuant to division (A) of this	348
section, a distributee shall be personally liable to a claimant	349
who presents a valid claim within the time set forth in division	350
(B) of section 2117.06 of the Revised Code, subject to the	351
limitations described in this division.	352

If presentation of a claim is made pursuant to division	353
(A)(2) of section 2117.06 of the Revised Code, only those	354
distributees who have received timely presentation of the claim	355
pursuant to division (B) of that section have any liability for	356
the claim, subject to the limitations described in this division.	357

The personal liability of any distributee shall not exceed	358
the lesser of the following:	359

(1) The amount the distributee has received reduced by the	360
amount, if any, previously returned or otherwise used for the	361
payment of the spouse's share or claims finally allowed;	362

(2) The distributee's proportionate share of the spouse's	363
share or of claims finally allowed. Any distributee's	364
proportionate share of the spouse's share or of claims finally	365
allowed shall be determined by the following fraction:	366

(a) The numerator shall be the total amount received by the	367
distributee, reduced by all amounts, if any, previously returned	368
or otherwise used for the payment of the spouse's share or claims	369
finally allowed.	370

(b) The denominator shall be the total amount received by all	371
distributees reduced by all amounts, if any, previously returned	372
or otherwise used for the payment of the spouse's share or claims	373
finally allowed.	374

(C) If there is a surviving spouse and if the executor or	375
administrator distributes any part of the assets of the estate	376
before the expiration of the times described in division (E) of	377
section 2106.01 of the Revised Code for the making of an election	378
by a surviving spouse, the executor or administrator shall be	379
personally liable to any surviving spouse who subsequently elects	380
to take against the will. If the executor or administrator	381
distributes any part of the assets of the estate within three	382
months after the death of the decedent, the executor or	383
administrator shall be personally liable only to those claimants	384
who present their claims within that three-month period. If the	385
executor or administrator distributes any part of the assets of	386
the estate more than three months but less than one year after the	387
death of the decedent, the executor or administrator shall be	388
personally liable only to those claimants who present their claims	389
before the time of distribution and within the time set forth in	390
division (B) of section 2117.06 of the Revised Code.	391

The executor or administrator shall be liable only to the	392
extent that the sum of the remaining assets of the estate and the	393
assets returned by the beneficiaries or heirs is insufficient to	394
satisfy the share of the surviving spouse and to satisfy the	395
claims against the estate. The executor or administrator shall not	396
be liable in any case for an amount greater than the value of the	397
estate that existed at the time that the distribution of assets	398
was made and that was subject to the spouse's share or to the	399
claims.	400

(D) The executor or administrator may provide for the payment	401
of rejected claims or claims in suit by setting aside a sufficient	402
amount of the assets of the estate for paying the claims. The	403
assets shall be set aside for the payment of the claims in a	404
manner approved by the probate court. Each claimant for whom	405
assets are to be set aside shall be given notice, in the manner as	406
the court shall order, of the hearing upon the application to set	407
aside assets and shall have the right to be fully heard as to the	408
nature and amount of the assets to be set aside for payment of	409
the claim and as to all other conditions in connection with the	410
claim. In any case in which the executor or administrator may set	411
aside assets as provided in this section, the court, upon its own	412
motion or upon application of the executor or administrator, as a	413
condition precedent to any distribution, may require any	414
beneficiary or heir to give a bond to the state with surety	415
approved and in an amount fixed by the court, conditioned to	416
secure the return of the assets to be distributed, or the proceeds	417
from the assets or as much of the assets as may be necessary to	418
satisfy the claims that may be recovered against the estate, and	419
to indemnify the executor or administrator against loss and damage	420
on account of such distribution. The bond may be in addition to	421
the assets to be set aside or partially or wholly in lieu of the	422
assets, as the court shall determine.	423

Sec. 2117.06.  (A) All creditors having claims against an	424
estate, including claims arising out of contract, out of tort, on	425
cognovit notes, or on judgments, whether due or not due, secured	426
or unsecured, liquidated or unliquidated, shall present their	427
claims in one of the following manners:	428

(1) After the appointment of an executor or administrator and	429
prior to the filing of a final account or a certificate of	430
termination, in one of the following manners:	431

(a) To the executor or administrator in a writing;

432

(2)(b) To the executor or administrator in a writing, and to	433
the probate court by filing a copy of the writing with it;	434

(3)(c) In a writing that is sent by ordinary mail addressed	435
to the decedent and that is actually received by the executor or	436
administrator within the appropriate time specified in division	437
(B) of this section. For purposes of this division, if an executor	438
or administrator is not a natural person, the writing shall be	439
considered as being actually received by the executor or	440
administrator only if the person charged with the primary	441
responsibility of administering the estate of the decedent	442
actually receives the writing within the appropriate time	443
specified in division (B) of this section.	444

(2) If the final account or certificate of termination has	445
been filed, in a writing to those distributees of the decedent's	446
estate who may share liability for the payment of the claim.	447

(B) Except as provided in section 2117.061 of the Revised	448
Code, all claims shall be presented within one yearsix months	449
after the death of the decedent, whether or not the estate is	450
released from administration or an executor or administrator is	451
appointed during that one-yearsix-month period. Every claim	452
presented shall set forth the claimant's address.	453

(C) Except as provided in section 2117.061 of the Revised	454
Code, a claim that is not presented within one yearsix months	455
after the death of the decedent shall be forever barred as to all	456
parties, including, but not limited to, devisees, legatees, and	457
distributees. No payment shall be made on the claim and no action	458
shall be maintained on the claim, except as otherwise provided in	459
sections 2117.37 to 2117.42 of the Revised Code with reference to	460
contingent claims.	461

(D) In the absence of any prior demand for allowance, the	462
executor or administrator shall allow or reject all claims, except	463
tax assessment claims, within thirty days after their	464
presentation, provided that failure of the executor or	465
administrator to allow or reject within that time shall not	466
prevent the executor or administrator from doing so after that	467
time and shall not prejudice the rights of any claimant. Upon the	468
allowance of a claim, the executor or the administrator, on demand	469
of the creditor, shall furnish the creditor with a written	470
statement or memorandum of the fact and date of the allowance.	471

(E) If the executor or administrator has actual knowledge of	472
a pending action commenced against the decedent prior to the	473
decedent's death in a court of record in this state, the executor	474
or administrator shall file a notice of the appointment of the	475
executor or administrator in the pending action within ten days	476
after acquiring that knowledge. If the administrator or executor	477
is not a natural person, actual knowledge of a pending suit	478
against the decedent shall be limited to the actual knowledge of	479
the person charged with the primary responsibility of	480
administering the estate of the decedent. Failure to file the	481
notice within the ten-day period does not extend the claim period	482
established by this section.	483

(F) This section applies to any person who is required to	484
give written notice to the executor or administrator of a motion	485
or application to revive an action pending against the decedent at	486
the date of the death of the decedent.	487

(G) Nothing in this section or in section 2117.07 of the	488
Revised Code shall be construed to reduce the time mentioned in	489
section 2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12	490
of the Revised Code, provided that no portion of any recovery on a	491
claim brought pursuant to any of those sections shall come from	492
the assets of an estate unless the claim has been presented	493
against the estate in accordance with Chapter 2117. of the Revised	494
Code.	495

(H) Any person whose claim has been presented and has not	496
been rejected after presentment is a creditor as that term is used	497
in Chapters 2113. to 2125. of the Revised Code. Claims that are	498
contingent need not be presented except as provided in sections	499
2117.37 to 2117.42 of the Revised Code, but, whether presented	500
pursuant to those sections or this section, contingent claims may	501
be presented in any of the manners described in division (A) of	502
this section.	503

(I) If a creditor presents a claim against an estate in	504
accordance with division (A)(2)(1)(b) of this section, the probate	505
court shall not close the administration of the estate until that	506
claim is allowed or rejected.	507

(J) The probate court shall not require an executor or	508
administrator to make and return into the court a schedule of	509
claims against the estate.	510

(K) If the executor or administrator makes a distribution of	511
the assets of the estate pursuant to section 2113.53 of the	512
Revised Code and prior to the expiration of the time for the	513
filingpresentation of claims as set forth in this section, the	514
executor or administrator shall provide notice on the account	515
delivered to each distributee that the distributee may be liable	516
to the estate if a claim is presented prior to the filing of the	517
final account and may be liable to the claimant if the claim is	518
presented after the filing of the final account up to the value of	519
the distribution and may be required to return all or any part of	520
the value of the distribution if a valid claim is subsequently	521
made against the estate within the time permitted under this	522
section.	523

Sec. 2117.07.  An executor or administrator may accelerate	524
the bar against claims against the estate established by section	525
2117.06 of the Revised Code by giving written notice to a	526
potential claimant that identifies the decedent by name, states	527
the date of the death of the decedent, identifies the executor or	528
administrator by name and mailing address, and informs the	529
potential claimant that any claims hethe claimant may have	530
against the estate are required to be presented to the executor or	531
administrator in a writing within the earlier of thirty days after	532
receipt of the notice by the potential claimant or one yearsix	533
months after the date of the death of the decedent. A claim of	534
that potential claimant that is not presented in the manner	535
provided by section 2117.06 of the Revised Code within the earlier	536
of thirty days after receipt of the notice by the potential	537
claimant or one yearsix months after the date of the death of the	538
decedent is barred by section 2117.06 of the Revised Code in the	539
same manner as if it was not presented within one yearsix months	540
after the date of the death of the decedent.	541

Sec. 2117.11.  An executor or administrator, or a distributee	542
who receives the presentation of a claim as provided in division	543
(A)(2) of section 2117.06 of the Revised Code, shall reject a	544
creditor's claim against the estate he represents by giving the	545
claimant written notice of the disallowance thereofof the claim.	546
SuchThe notice shall be given to the claimant personally or by	547
registered mail with return receipt requested, addressed to the	548
claimant at the address given on the claimpursuant to Civil Rule	549
73. Notice by mail shall be effective on delivery of the mail at	550
the address given. A claim may be rejected in whole or in part. A	551
claim whichthat has been allowed may be rejected at any time	552
thereafterafter allowance of the claim.	553

A claim is rejected if the executor or administrator, or a	554
distributee who receives the presentation of a claim as provided	555
in division (A)(2) of section 2117.06 of the Revised Code, on	556
demand in writing by the claimant for an allowance thereofof the	557
claim within five days, which demand may be made at presentation	558
or at any time thereafterafter presentation, fails to give to the	559
claimant, within suchthat five-day period, a written statement of	560
the allowance of suchthe claim. SuchThe rejection shall become	561
effective at the expiration of suchthat period.	562

Sec. 2117.12.  When a claim against an estate has been	563
rejected in whole or in part but not referred to referees, or when	564
a claim has been allowed in whole or in part and thereafter	565
rejected, the claimant must commence an action on the claim, or	566
that part thereofof the claim that was rejected, within two	567
months after suchthe rejection if the debt or that part thereof	568
of the debt that was rejected is then due, or within two months	569
after the samethat debt or part of the debt that was rejected	570
becomes due, or be forever barred from maintaining an action	571
thereonon the claim or part of the claim that was rejected. If	572
the executor or administrator dies, resigns, or is removed within	573
such two months'that two-month period and before action is	574
commenced thereonon the claim or part of the claim that was	575
rejected, the action may be commenced within two months after the	576
appointment of a successor.	577

For the purposes of this section, the action of a claimant is	578
commenced when the petitioncomplaint and praecipe for service of	579
summons on the executor or administrator, or on the distributee	580
who received the presentation of the claim as provided in division	581
(A)(2) of section 2117.06 of the Revised Code, have been filed.	582

Section 2. That existing sections 2106.01, 2106.02, 2107.19,	583
2109.301, 2109.32, 2113.53, 2117.06, 2117.07, 2117.11, and 2117.12	584
of the Revised Code are hereby repealed.	585

Section 3. (A) Sections 2106.01, 2106.02, 2107.19, 2109.301,	586
2109.32, 2113.53, 2117.06, 2117.07, 2117.11, and 2117.12 of the	587
Revised Code, as amended by this act, apply to estates that are in	588
existence or are initiated on or after the effective date of this	589
act.	590

(B) Section 2101.163 of the Revised Code, as enacted by this	591
act, applies to civil actions and proceedings that are pending in	592
or brought before the probate court on or after the effective date	593
of this act.	594

Section 4. It is hereby declared that it was the intent of	595
the General Assembly that the sections of the Revised Code	596
described in Section 2 of Sub. H.B. 85 of the 124th General	597
Assembly were to be repealed effective December 31, 2001, to	598
coincide with Section 5 of Sub. H.B. 85 of the 124th General	599
Assembly, and that the repeal of such Revised Code sections in	600
Section 2 of Sub. H.B. 85 of the 124th General Assembly was not to	601
be effective October 31, 2001.	602