As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 426

Representatives Dolan, Chandler, Yuko, Fessler, Wagoner, Reidelbach, McGregor, J. 

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A BILL

To amend sections 2101.24, 2106.20, 2108.50, 2109.02,

1

2111.13, 2113.031, 2113.37, 2117.25, 4717.21, and

2

4717.22 and to enact sections 517.231, 2108.70 to

3

2108.79, 2108.81 to 2108.92, and 2117.251 of the

4

Revised Code regarding the assignment of the right

5

to direct the disposition of an adult's remains

6

after death and to make arrangements and purchase

7

goods and services related to an adult's funeral,

8

cremation, burial, or other manner of final

9

disposition.

10

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

Section 1.  That sections 2101.24, 2106.20, 2108.50, 2109.02,	11
2111.13, 2113.031, 2113.37, 2117.25, 4717.21, and 4717.22 be	12
amended and sections 517.231, 2108.70, 2108.71, 2108.72, 2108.73,	13
2108.74, 2108.75, 2108.76, 2108.77, 2108.78, 2108.79, 2108.81,	14
2108.82, 2108.83, 2108.84, 2108.85, 2108.86, 2108.87, 2108.88,	15
2108.89, 2108.90, 2108.91, 2108.92, and 2117.251 of the Revised	16
Code be enacted to read as follows:	17

Sec. 517.231.  As used in this section, "right of	18
disposition" has the same meaning as in section 2108.70 of the	19
Revised Code.	20

(A) The location, manner, and conditions under which a body	21
is reinterred after being disinterred pursuant to section 517.23	22
of the Revised Code shall not be inconsistent with the original	23
exercise of the right of disposition by the person with the right	24
under section 2108.70 or 2108.83 of the Revised Code unless the	25
person with the right authorizes, in writing, a modification from	26
the original exercise of the right.	27

(B) The person who applied to have the body disinterred shall	28
pay the costs of reinterment.	29

Sec. 2101.24.  (A)(1) Except as otherwise provided by law,	30
the probate court has exclusive jurisdiction:	31

(a) To take the proof of wills and to admit to record	32
authenticated copies of wills executed, proved, and allowed in the	33
courts of any other state, territory, or country. If the probate	34
judge is unavoidably absent, any judge of the court of common	35
pleas may take proof of wills and approve bonds to be given, but	36
the record of these acts shall be preserved in the usual records	37
of the probate court.	38

(b) To grant and revoke letters testamentary and of	39
administration;	40

(c) To direct and control the conduct and settle the accounts	41
of executors and administrators and order the distribution of	42
estates;	43

(d) To appoint the attorney general to serve as the	44
administrator of an estate pursuant to section 2113.06 of the	45
Revised Code;	46

(e) To appoint and remove guardians, conservators, and	47
testamentary trustees, direct and control their conduct, and	48
settle their accounts;	49

(f) To grant marriage licenses;

50

(g) To make inquests respecting persons who are so mentally	51
impaired as a result of a mental or physical illness or	52
disability, or mental retardation, or as a result of chronic	53
substance abuse, that they are unable to manage their property and	54
affairs effectively, subject to guardianship;	55

(h) To qualify assignees, appoint and qualify trustees and	56
commissioners of insolvents, control their conduct, and settle	57
their accounts;	58

(i) To authorize the sale of lands, equitable estates, or	59
interests in lands or equitable estates, and the assignments of	60
inchoate dower in such cases of sale, on petition by executors,	61
administrators, and guardians;	62

(j) To authorize the completion of real estate contracts on	63
petition of executors and administrators;	64

(k) To construe wills;

65

(l) To render declaratory judgments, including, but not	66
limited to, those rendered pursuant to section 2107.084 of the	67
Revised Code;	68

(m) To direct and control the conduct of fiduciaries and	69
settle their accounts;	70

(n) To authorize the sale or lease of any estate created by	71
will if the estate is held in trust, on petition by the trustee;	72

(o) To terminate a testamentary trust in any case in which a	73
court of equity may do so;	74

(p) To hear and determine actions to contest the validity of	75
wills;	76

(q) To make a determination of the presumption of death of	77
missing persons and to adjudicate the property rights and	78
obligations of all parties affected by the presumption;	79

(r) To hear and determine an action commenced pursuant to	80
section 3107.41 of the Revised Code to obtain the release of	81
information pertaining to the birth name of the adopted person and	82
the identity of the adopted person's biological parents and	83
biological siblings;	84

(s) To act for and issue orders regarding wards pursuant to	85
section 2111.50 of the Revised Code;	86

(t) To hear and determine actions against sureties on the	87
bonds of fiduciaries appointed by the probate court;	88

(u) To hear and determine actions involving informed consent	89
for medication of persons hospitalized pursuant to section	90
5122.141 or 5122.15 of the Revised Code;	91

(v) To hear and determine actions relating to durable powers	92
of attorney for health care as described in division (D) of	93
section 1337.16 of the Revised Code;	94

(w) To hear and determine actions commenced by objecting	95
individuals, in accordance with section 2133.05 of the Revised	96
Code;	97

(x) To hear and determine complaints that pertain to the use	98
or continuation, or the withholding or withdrawal, of	99
life-sustaining treatment in connection with certain patients	100
allegedly in a terminal condition or in a permanently unconscious	101
state pursuant to division (E) of section 2133.08 of the Revised	102
Code, in accordance with that division;	103

(y) To hear and determine applications that pertain to the	104
withholding or withdrawal of nutrition and hydration from certain	105
patients allegedly in a permanently unconscious state pursuant to	106
section 2133.09 of the Revised Code, in accordance with that	107
section;	108

(z) To hear and determine applications of attending	109
physicians in accordance with division (B) of section 2133.15 of	110
the Revised Code;	111

(aa) To hear and determine actions relative to the use or	112
continuation of comfort care in connection with certain principals	113
under durable powers of attorney for health care, declarants under	114
declarations, or patients in accordance with division (E) of	115
either section 1337.16 or 2133.12 of the Revised Code;	116

(bb) To hear and determine applications for an order	117
relieving an estate from administration under section 2113.03 of	118
the Revised Code;	119

(cc) To hear and determine applications for an order granting	120
a summary release from administration under section 2113.031 of	121
the Revised Code.;	122

(dd) To hear and determine actions relating to the exercise	123
of the right of disposition, in accordance with section 2108.92 of	124
the Revised Code;	125

(ee) To hear and determine actions relating to the	126
disinterment and reinterment of human remains under sections	127
517.23 and 517.231 of the Revised Code.	128

(2) In addition to the exclusive jurisdiction conferred upon	129
the probate court by division (A)(1) of this section, the probate	130
court shall have exclusive jurisdiction over a particular subject	131
matter if both of the following apply:	132

(a) Another section of the Revised Code expressly confers	133
jurisdiction over that subject matter upon the probate court.	134

(b) No section of the Revised Code expressly confers	135
jurisdiction over that subject matter upon any other court or	136
agency.	137

(B)(1) The probate court has concurrent jurisdiction with,	138
and the same powers at law and in equity as, the general division	139
of the court of common pleas to issue writs and orders, and to	140
hear and determine actions as follows:	141

(a) If jurisdiction relative to a particular subject matter	142
is stated to be concurrent in a section of the Revised Code or has	143
been construed by judicial decision to be concurrent, any action	144
that involves that subject matter;	145

(b) Any action that involves an inter vivos trust; a trust	146
created pursuant to section 1339.51 of the Revised Code; a	147
charitable trust or foundation; subject to divisions (A)(1)(u) and	148
(z) of this section, a power of attorney, including, but not	149
limited to, a durable power of attorney; the medical treatment of	150
a competent adult; or a writ of habeas corpus.	151

(2) Any action that involves a concurrent jurisdiction	152
subject matter and that is before the probate court may be	153
transferred by the probate court, on its order, to the general	154
division of the court of common pleas.	155

(C) The probate court has plenary power at law and in equity	156
to dispose fully of any matter that is properly before the court,	157
unless the power is expressly otherwise limited or denied by a	158
section of the Revised Code.	159

(D) The jurisdiction acquired by a probate court over a	160
matter or proceeding is exclusive of that of any other probate	161
court, except when otherwise provided by law.	162

Sec. 2106.20.  A surviving spouse or a person with the right	163
of disposition under section 2108.70 or 2108.83 of the Revised	164
Code is entitled to a reimbursement from the estate of the	165
deceased spousedecedent for funeral expenses, if paid by the	166
surviving spouse or person with the right of disposition, to the	167
extent that the rights of other creditors of the estate will not	168
be prejudiced by the reimbursement.	169

Sec. 2108.50.  (A) Subject to section 2108.521 of the Revised	170
Code, an autopsy or post-mortem examination may be performed upon	171
the body of a deceased person by a licensed physician or surgeon	172
if consent has been given in the order named by one of the	173
following persons of sound mind and eighteen years of age or older	174
in a written instrument executed by the person or on the person's	175
behalf at the person's express direction:	176

(1) The deceased person during the deceased person's	177
lifetime;	178

(2) The decedent's spouse;

179

(3) If there is no surviving spouse, if the address of the	180
surviving spouse is unknown or outside the United States, if the	181
surviving spouse is physically or mentally unable or incapable of	182
giving consent, or if the deceased person was separated and living	183
apart from such surviving spouse, then a person having the first	184
named degree of relationship in the following list in which a	185
relative of the deceased person survives and is physically and	186
mentally able and capable of giving consent may execute consent:	187

(a) Children;

188

(b) Parents;

189

(c) Brothers or sisters.

190

(4) If there are no surviving persons of any degree of	191
relationship listed in division (A)(3) of this section, any other	192
relative or person who assumes custody of the body for burial;	193

(5) A person authorized by written instrument executed by the	194
deceased person to make arrangements for burial;	195

(6) A person who, at the time of death of the deceased	196
person, was serving as guardian of the person for the deceased	197
personby the person who has the right of disposition under	198
section 2108.70 or 2108.83 of the Revised Code.	199

(B) Consent to an autopsy or post-mortem examination given	200
under this section may be revoked only by the person executing the	201
consent and in the same manner as required for execution of	202
consent under this section.	203

(C) As used in this section, "written instrument" includes a	204
telegram or cablegram.	205

Sec. 2108.70.  (A) As used in this section and sections	206
2108.71 to 2108.92 of the Revised Code:	207

(1) "Adult" means an individual who is eighteen years of age	208
or older;	209

(2) "Declarant" means an adult who has executed a written	210
declaration described in division (B) of this section.	211

(3) "First successor representative" means an adult or group	212
of adults, collectively, to whom the right of disposition for a	213
declarant has been reassigned because the declarant's	214
representative is disqualified from exercising the right under	215
section 2108.76 of the Revised Code.	216

(4) "Representative" means an adult or a group of adults,	217
collectively, to whom a declarant has assigned the right of	218
disposition.	219

(5) "Right of disposition" means one or more of the rights	220
described in division (B) of this section that a declarant chooses	221
to assign to a representative in a written declaration executed	222
under that division or all of the rights described in division (B)	223
of this section that are assigned to a person pursuant to section	224
2108.83 of the Revised Code.	225

(6) "Second successor representative" means an adult or group	226
of adults, collectively, to whom the right of disposition for a	227
declarant has been reassigned because the declarant's	228
representative and first successor representative are disqualified	229
from exercising the right under section 2108.76 of the Revised	230
Code.	231

(B) An adult who is of sound mind may execute at any time a	232
written declaration assigning to a representative one or more of	233
the following rights:	234

(1) The right to direct the disposition, after death, of the	235
declarant's body or any part of the declarant's body that becomes	236
separated from the body before death. This right includes the	237
right to determine the location, manner, and conditions of the	238
disposition of the declarant's bodily remains.	239

(2) The right to make arrangements and purchase goods and	240
services for the declarant's funeral. This right includes the	241
right to determine the location, manner, and condition of the	242
declarant's funeral.	243

(3) The right to make arrangements and purchase goods and	244
services for the declarant's burial, cremation, or other manner of	245
final disposition. This right includes the right to determine the	246
location, manner, and condition of the declarant's burial,	247
cremation, or other manner of final disposition.	248

(C)(1) Subject to division (C)(2) of this section, a	249
declarant may designate a first successor representative.	250

(2) If a representative is a group of persons and not all of	251
the persons in the group meet at least one criterion to be	252
disqualified from serving as the representative, as described in	253
section 2108.76 of the Revised Code, the persons in the group who	254
are not disqualified shall remain the representative who has the	255
right of disposition.	256

(D)(1) Subject to division (D)(2) of this section, a	257
declarant may designate a second successor representative.	258

(2) If the first successor representative is a group of	259
persons and not all of the persons in the group meet at least one	260
criterion to be disqualified from serving as the first successor	261
representative, as described in section 2108.76 of the Revised	262
Code, the persons in the group who are not disqualified shall	263
remain the first successor representative to whom the right of	264
disposition is reassigned.	265

(E) The assignment or reassignment of a right of disposition	266
to a representative, first successor representative, and second	267
successor representative supercedes an assignment of a right of	268
disposition under section 2108.83 of the Revised Code.	269

Sec. 2108.71.  The assignment or reassignment of a right of	270
disposition by a declarant under section 2108.70 of the Revised	271
Code vests in a representative, first successor representative, or	272
second successor representative at the time of the declarant's	273
death.	274

Sec. 2108.72.  (A) The written declaration described in	275
section 2108.70 of the Revised Code shall include all of the	276
following:	277

(1) The declarant's legal name and present address;

278

(2) A statement that the declarant, an adult being of sound	279
mind, willfully and voluntarily appoints a representative to have	280
the declarant's right of disposition for the declarant's body upon	281
the declarant's death;	282

(3) A statement that all decisions made by the declarant's	283
representative with respect to the right of disposition are	284
binding;	285

(4) The legal name, last known address, and last known	286
telephone number of the representative or, if the representative	287
is a group of persons, the legal name, last known address, and	288
last known telephone number of each person in the group;	289

(5) If the declarant chooses to have a first successor	290
representative, a statement that if any person or group of persons	291
named as the declarant's representative is disqualified from	292
serving in such position as described in section 2108.76 of the	293
Revised Code, the declarant appoints a first successor	294
representative;	295

(6) If the declarant chooses to have a second successor	296
representative, a statement that if a person or group of persons	297
named as the declarant's representative or first successor	298
representative are both disqualified from serving in such	299
positions as described in section 2108.76 of the Revised Code,	300
that the declarant appoints a second successor representative;	301

(7) If applicable, the legal name, last known address, and	302
last known telephone number of the first and second successor	303
representative or, if the first or second successor representative	304
is a group of persons, the legal name, last known address, and	305
last known telephone number of each person in the group;	306

(8) A space where the declarant may indicate the declarant's	307
preferences regarding how the right of disposition should be	308
exercised, including any religious observances the declarant	309
wishes the person with the right of disposition to consider;	310

(9) A space where the declarant may indicate one or more	311
sources of funds that may be used to pay for goods and services	312
associated with the exercise of the right of disposition;	313

(10) A statement that the declarant's written declaration	314
becomes effective on the declarant's death;	315

(11) A statement that the declarant revokes both of the	316
following:	317

(a) Any written declaration that the declarant executed, in	318
accordance with section 2108.70 of the Revised Code, prior to the	319
execution of the present written declaration.	320

(b) Any other document in which the declarant assigned a	321
right described in division (B) of section 2108.70 of the Revised	322
Code, including an antemortem cremation authorization form	323
executed in accordance with section 4717.21 of the Revised Code, a	324
preneed funeral contract executed in accordance with section	325
1111.19 of the Revised Code, or a will executed in accordance with	326
section 2107.03 of the Revised Code, if the other document	327
contains instructions that are inconsistent with the instructions	328
in the written declaration and was executed prior to the date of	329
execution of the present written declaration.	330

(12) A space where the declarant can sign and date the	331
written declaration;	332

(13) A space where a notary public or two witnesses can sign	333
and date the written declaration as described in section 2108.73	334
of the Revised Code.	335

(B) A written declaration may take the following form:

336

APPOINTMENT OF REPRESENTATIVE FOR DISPOSITION OF BODILY	337
REMAINS, FUNERAL ARRANGEMENTS, AND BURIAL OR CREMATION GOODS AND	338
SERVICES:	339

I, ................. (legal name and present address of	340
declarant), an adult being of sound mind, willfully and	341
voluntarily appoint my representative, named below, to have the	342
right of disposition, as defined in section 2108.70 of the Revised	343
Code, for my body upon my death. All decisions made by my	344
representative with respect to the right of disposition shall be	345
binding.	346

REPRESENTATIVE:

347

(If the representative is a group of persons, indicate the	348
name, last known address, and telephone number of each person in	349
the group.)	350

Name(s): ..................................................

351

Address(es): ..............................................

352

Telephone Number(s): ......................................

353

FIRST SUCCESSOR REPRESENTATIVE:

354

If my representative is disqualified from serving as my	355
representative as described in section 2108.76 of the Revised	356
Code, then I hereby appoint the following person or group of	357
persons to serve as my first successor representative.	358

(If the first successor representative is a group of persons,	359
indicate the name, last known address, and telephone number of	360
each person in the group.)	361

Name(s): ..................................................

362

Address(es): ..............................................

363

Telephone Number(s): ......................................

364

SECOND SUCCESSOR REPRESENTATIVE:

365

If my representative and first successor representative are	366
disqualified from serving in such positions as described in	367
section 2108.76 of the Revised Code, then I hereby appoint the	368
following person or group of persons to serve as my second	369
successor representative.	370

(If the second successor representative is a group of	371
persons, indicate the name, last known address, and telephone	372
number of each person in the group.)	373

Name(s): ..................................................

374

Address(es): ..............................................

375

Telephone Number(s): ......................................

376

PREFERENCES REGARDING HOW THE RIGHT OF DISPOSITION SHOULD BE	377
EXERCISED, INCLUDING ANY RELIGIOUS OBSERVANCES THE DECLARANT	378
WISHES A REPRESENTATIVE, FIRST SUCCESSOR REPRESENTATIVE, OR SECOND	379
SUCCESSOR REPRESENTATIVE TO CONSIDER:	380

			381
	382
	383
	384

ONE OR MORE SOURCES OF FUNDS THAT COULD BE USED TO PAY FOR	385
GOODS AND SERVICES ASSOCIATED WITH AN EXERCISE OF THE RIGHT OF	386
DISPOSITION:	387

			388
	389
	390
	391

DURATION:

392

The appointment of my representative and, if applicable,	393
first successor representative and second successor	394
representatives, becomes effective upon my death.	395

PRIOR APPOINTMENTS REVOKED:

396

I hereby revoke both of the following:

397

(1) Any written declaration that I executed in accordance	398
with section 2108.70 of the Ohio Revised Code prior to the date of	399
execution of this written declaration indicated below.	400

(2) Any other document in which I assigned a right described	401
in division (B) of section 2108.70 of the Revised Code, including	402
an antemortem cremation authorization form I may have executed in	403
accordance with section 4717.21 of the Revised Code, a preneed	404
funeral contract I may have executed in accordance with section	405
1111.19 of the Revised Code, or a will I may have executed in	406
accordance with section 2107.03 of the Revised Code, if the other	407
document contains instructions that are inconsistent with the	408
instructions in this written declaration and I executed the other	409
document prior to the date of execution of this written	410
declaration indicated below.	411

AUTHORIZATION TO ACT:

412

I hereby agree that any of the following that receives a copy	413
of this written declaration may act under it:	414

- Cemetery organization;

415

- Business operating a crematory;

416

- Business operating a columbarium;

417

- Funeral director;

418

- Embalmer;

419

- Funeral establishment;

420

- Any other person asked to assist with my funeral, burial,	421
cremation, or other manner of final disposition.	422

MODIFICATION AND REVOCATION - WHEN EFFECTIVE:

423

Any modification or revocation of this written declaration is	424
not effective as to any party until that party receives actual	425
notice of the modification or revocation.	426

LIABILITY:

427

No person who acts in accordance with a properly executed	428
copy of this written declaration shall be liable for damages of	429
any kind associated with the person's reliance on this	430
declaration.	431

Signed this ...... day of .......

432

.................................

(Signature of declarant)

ACKNOWLEDGMENT OF ASSUMPTION OF OBLIGATIONS AND COSTS:

433

By signing below, the representative, or first or second	434
successor representative, if applicable, acknowledges that he or	435
she, as representative or first or second successor	436
representative, assumes the right of disposition as defined in	437
section 2108.70 of the Revised Code, and understands that he or	438
she is liable for the reasonable costs of exercising the right,	439
including any goods and services that are purchased.	440

ACCEPTANCE (OPTIONAL):

441

The undersigned hereby accepts this appointment as	442
representative, first successor representative, or second	443
successor representative, as applicable, for the right of	444
disposition as defined in section 2108.70 of the Revised Code.	445

Signed this ...... day of .......

447

.................................

Signature of representative (if representative is a group of persons, each person in the group shall sign)

448

Signed this ...... day of .......

450

.................................

Signature of first successor representative (if first successor representative is a group of persons, each person in the group shall sign)

451

Signed this ...... day of .......

453

.................................

Signature of second successor representative (if second successor representative is a group of persons, each person in the group shall sign)

454

WITNESSES:

455

I attest that the declarant signed or acknowledged this	456
assignment of the right of disposition under section 2108.70 of	457
the Revised Code in my presence and that the declarant is at least	458
eighteen years of age and appears to be of sound mind and not	459
under or subject to duress, fraud, or undue influence. I further	460
attest that I am not the declarant's representative, first	461
successor representative, or second successor representative, I am	462
at least eighteen years of age, and I am not related to the	463
declarant by blood, marriage, or adoption.	464

First witness:				466
Name (printed):				467
........................	Residing at:	..............		468
Signature:		..............		469
........................		..............		470
Date:				471
........................				472

Second witness:				474
Name (printed):				475
........................	Residing at:	..............		476
Signature:		..............		477
........................		..............		478
Date:				479
........................				480

NOTARY ACKNOWLEDGMENT:

481

State of Ohio

482

County of ............. SS.

483

On ..............., before me, the undersigned notary public,	484
personally appeared ................., known to me or	485
satisfactorily proven to be the person whose name is subscribed as	486
the declarant, and who has acknowledged that he or she executed	487
this written declaration under section 2108.70 of the Revised Code	488
for the purposes expressed in that section. I attest that the	489
declarant is at least eighteen years of age and appears to be of	490
sound mind and not under or subject to duress, fraud, or undue	491
influence.	492

Signature of notary public

..............................

My	493
commission expires on: ....

494

Sec. 2108.73.  A written declaration executed by a declarant	495
under section 2108.70 of the Revised Code shall be signed and	496
dated by the declarant in the presence of either of the following:	497

(A) A notary public who shall make the certification	498
described in section 147.53 of the Revised Code.	499

(B) Two witnesses who are adults and who are not related by	500
blood, marriage, or adoption to the declarant.	501

Sec. 2108.74. A declarant who executes a written declaration	502
in accordance with section 2108.73 of the Revised Code warrants	503
the truthfulness of the entire content of the declaration.	504

Sec. 2108.75.  A written declaration executed in accordance	505
with section 2108.73 of the Revised Code shall have priority over	506
all other documents that assign to a person or group of persons	507
the right of disposition, except when either of the following is	508
true:	509

(A) The declaration has been revoked in accordance with	510
section 2108.82 of the Revised Code;	511

(B) The declarant has signed and dated another document that	512
contains an assignment of the right of disposition or a similar	513
right, the instructions contained in the other document are	514
inconsistent with the instructions in the written declaration, and	515
the other document was signed and dated after the declaration and	516
notarized or witnessed in accordance with section 2108.73 of the	517
Revised Code. Examples of such other documents include an	518
antemortem cremation authorization form executed in accordance	519
with section 4717.21 of the Revised Code, a preneed funeral	520
contract executed in accordance with section 1111.19 of the	521
Revised Code, and a will executed in accordance with section	522
2107.03 of the Revised Code.	523

Sec. 2108.76.  (A) A person shall be disqualified from	524
serving as a representative, first successor representative, or	525
second successor representative, or from having the right of	526
disposition for a deceased adult pursuant to section 2108.83 of	527
the Revised Code, if any of the following occurs:	528

(1) The person dies.

529

(2) A probate court declares or determines that the person is	530
incompetent.	531

(3) The person resigns or declines to exercise the right as	532
described in section 2108.90 of the Revised Code.	533

(4) The person refuses to exercise the right not later than	534
two days after notification of the declarant's death or not later	535
than five days after the declarant's death.	536

(5) The person cannot be located with reasonable effort not	537
later than five days after the declarant's death.	538

(6) The person meets the criteria described in section	539
2108.77 or 2108.78 of the Revised Code.	540

(B) Subject to divisions (C)(2) and (D)(2) of section 2108.70	541
of the Revised Code, if a person is disqualified from serving as	542
the declarant's representative, first successor representative, or	543
second successor representative, or from having the right of	544
disposition for a deceased adult pursuant to section 2108.83 of	545
the Revised Code, as described in division (A) of this section,	546
the right is automatically reassigned to, and vests in, the next	547
person who has the right pursuant to the declarant's written	548
declaration or pursuant to the order of priority in section	549
2108.83 of the Revised Code.	550

Sec. 2108.77.  (A) Except as provided in division (B) of this	551
section, if the person named as the declarant's representative,	552
first successor representative, or second successor representative	553
in a written declaration was the declarant's spouse at the time	554
the declaration was executed, but is not the declarant's spouse at	555
the time of the declarant's death, the former spouse shall no	556
longer be qualified to serve as the declarant's representative,	557
first successor representative, or second successor	558
representative.	559

(B) Division (A) of this section shall not apply and a former	560
spouse is qualified to serve as a declarant's representative,	561
first successor representative, or second successor representative	562
if the declarant signs and dates, after the termination of the	563
marriage, a document stating the declarant's intent that the	564
former spouse be the declarant's representative, first successor	565
representative, or second successor representative. The document	566
must be notarized or witnessed in accordance with the procedures	567
described in section 2108.73 of the Revised Code.	568

Sec. 2108.78.  If the person named as the declarant's	569
representative, first successor representative, or second	570
successor representative in a written declaration, or the person	571
who has a deceased adult's right of disposition pursuant to	572
section 2108.83 of the Revised Code, meets any of the following	573
criteria, the person shall be disqualified from serving as the	574
representative, first successor representative, or second	575
successor representative, or from having the right:	576

(A)(1) Subject to division (A)(2) of this section, the person	577
has been charged with murder, aggravated murder, or voluntary	578
manslaughter.	579

(2) If the charges against the person described in division	580
(A)(1) of this section are dismissed or if the person is acquitted	581
of such charges, the right is restored to the person.	582

(B)(1) Subject to division (B)(2) of this section, the person	583
has been charged with an act of domestic violence as defined in	584
section 3113.31 of the Revised Code and it has been alleged that	585
the act resulted in or contributed to the declarant's death.	586

(2) If the charges against the person described in division	587
(B)(1) of this section are dismissed or if the person is acquitted	588
of such charges, the right is restored to the person.	589

(C) The person and the declarant or deceased adult are	590
spouses and an action to terminate the marriage pursuant to	591
Chapter 3105. of the Revised Code was pending at the time of the	592
declarant's or deceased adult's death.	593

(D) The person and the declarant or deceased adult are	594
spouses and a probate court, on the motion of any other person or	595
its own motion, determines that the declarant's or deceased	596
adult's spouse and the declarant were estranged at the time of the	597
declarant's or deceased adult's death. As used in this division,	598
"estranged" means that a declarant's or a deceased adult's spouse	599
and the declarant or deceased adult were physically and	600
emotionally separated from each other, at the time of the	601
declarant's or deceased adult's death, and had been separated for	602
a period of time that clearly demonstrates an absence of due	603
affection, trust, and regard between spouse and the declarant of	604
deceased adult.	605

Sec. 2108.79.  If a declarant or deceased adult has made a	606
valid declaration of an anatomical gift by will or any other	607
document or means described in section 2108.04 of the Revised	608
Code, any person to whom the declarant has assigned the right of	609
disposition under section 2108.70 of the Revised Code, or who has	610
the right as described in section 2108.83 of the Revised Code, is	611
bound by the declaration of the anatomical gift and must follow	612
the instructions associated with the gift before making any	613
decisions or taking any other actions associated with the right.	614

Sec. 2108.81.  (A) Subject to divisions (B) and (C) of this	615
section, if a declarant's representative, first successor	616
representative, or second successor representative is a group of	617
people in whom the right of disposition has vested as described in	618
section 2108.71 of the Revised Code, or if a class of persons has	619
the right as described in section 2108.83 of the Revised Code, and	620
the persons in the group or class disagree regarding how the right	621
is to be exercised, the decisions of the majority of the persons	622
in the group or class shall prevail.	623

(B) If, after reasonable efforts, less than all of the	624
persons in a group or class described in division (A) of this	625
section have been located, the decisions of the majority of the	626
persons in the group or class who have been located prevail.	627

(C) If there is no majority of persons for purposes of the	628
circumstances described in divisions (A) or (B) of this section,	629
the probate court of the county in which the declarant or deceased	630
adult resided at the time of death shall determine whose decisions	631
prevail in accordance with division (B) of section 2108.84 of the	632
Revised Code.	633

Sec. 2108.82.  A declarant may revoke a written declaration	634
executed under section 2108.70 of the Revised Code by indicating	635
the declarant's desire to revoke the declaration in a document	636
signed and dated by the declarant in the presence of either of the	637
following:	638

(A) A notary public who shall make the certification	639
described in section 147.53 of the Revised Code.	640

(B) Two witnesses who are adults and are not related by	641
blood, marriage, or adoption to the declarant.	642

Sec. 2108.83.  (A) If either of the following is true,	643
division (B) of this section shall apply:	644

(1) An adult has neither executed a written declaration, nor	645
another document that clearly assigns to a person or group of	646
persons the right of disposition, that has been notarized or	647
witnessed in accordance with section 2108.73 of the Revised Code;	648

(2) Each person to whom the right of disposition has been	649
assigned or reassigned pursuant to a written declaration is	650
disqualified from exercising the right as described in section	651
2108.76 of the Revised Code.	652

(B) Subject to division (A) of this section and sections	653
2108.76 and 2108.81 of the Revised Code, the right of disposition	654
is assigned to the following persons, if mentally competent adults	655
who can be located with reasonable effort not later than five days	656
after the declarant's death, in the order of priority stated:	657

(1) The deceased adult's surviving spouse;

658

(2) The sole surviving child of the deceased adult or, if	659
there is more than one surviving child, all of the surviving	660
children, collectively.	661

(3) The deceased adult's surviving parent or parents;

662

(4) The deceased adult's surviving sibling, whether of the	663
whole or of the half blood or, if there is more than one sibling	664
of the whole or of the half blood, all of the surviving siblings,	665
collectively;	666

(5) The deceased adult's surviving grandparent or	667
grandparents;	668

(6) The lineal descendants of the deceased grandparents, as	669
described in division (I) of section 2105.06 of the Revised Code;	670

(7) The person who was the deceased adult's guardian at the	671
time of the deceased adult's death, if a guardian had been	672
appointed.	673

(8) Any other person willing to assume the right of	674
disposition, including the personal representative of the deceased	675
adult's estate or the licensed funeral director with custody of	676
the deceased adult's body, after attesting in writing that a good	677
faith effort has been made to locate the persons in divisions	678
(B)(1) to (7) of this section.	679

Sec. 2108.84.  (A) Notwithstanding section 2108.83 of the	680
Revised Code and in accordance with division (B) of this section,	681
the probate court for the county in which the declarant or	682
deceased adult resided at the time of death may, on its own motion	683
or the motion of another person, assign to any person the right of	684
disposition for a declarant or deceased adult.	685

(B) In making a determination for purposes of division (A) of	686
this section and division (C) of section 2108.81 of the Revised	687
Code, the court shall consider the following:	688

(1) Whether evidence presented to, or in the possession of	689
the court, demonstrates that the person who is the subject of the	690
motion and the declarant or deceased adult had a close personal	691
relationship;	692

(2) The reasonableness and practicality of any plans that the	693
person who is the subject of the motion may have for the	694
declarant's or deceased adult's funeral, burial, cremation, or	695
final disposition, including the degree to which such plans allow	696
maximum participation by all persons who wish to pay their final	697
respects to the deceased adult;	698

(3) The willingness of the person who is the subject of the	699
motion to assume the responsibility to pay for the declarant's or	700
deceased adult's funeral, burial, cremation, or final disposition	701
and the desires of such person;	702

(4) The convenience and needs of other families and friends	703
wishing to pay their final respects to the declarant or deceased	704
adult;	705

(5) The express written desires of the declarant or deceased	706
adult.	707

(C) Except to the extent considered under division (B)(3) of	708
this section, the following persons do not have a greater right to	709
the right of disposition than such persons otherwise have pursuant	710
to law:	711

(1) A person who is willing to assume the responsibility to	712
pay for the declarant's or deceased adult's funeral, burial,	713
cremation, or final disposition;	714

(2) The personal representative of the declarant or deceased	715
adult.	716

Sec. 2108.85.  In the event of a dispute regarding the right	717
of disposition, a funeral home, funeral director, crematory	718
operator, or other person asked to assist with a declarant's or	719
deceased adult's funeral, burial, cremation, or other manner of	720
final disposition shall not be liable for damages of any kind for	721
refusing to accept the remains, refusing to inter, cremate, or	722
otherwise dispose of the remains, or refusing to complete funeral	723
or other arrangements pertaining to final disposition until such	724
funeral home, funeral director, crematory operator, or other	725
person receives a court order or other written document notarized	726
or witnessed in accordance with section 2108.73 of the Revised	727
Code that clearly expresses how the right of disposition is to be	728
exercised.	729

Sec. 2108.86.  If a funeral home, funeral director, crematory	730
operator, or other person asked to assist with a declarant's or	731
deceased adult's funeral, burial, cremation, or other manner of	732
final disposition is in possession of a declarant's or deceased	733
adult's remains while a dispute described in section 2108.85 of	734
the Revised Code is pending, the funeral home, funeral director,	735
crematory operator, or other person may embalm or refrigerate and	736
shelter the remains to preserve them and may add the cost of	737
embalming, refrigeration, and sheltering to the final disposition	738
costs to be charged.	739

Sec. 2108.87.  (A) If a funeral home, funeral director,	740
crematory operator, or other person asked to assist with a	741
declarant's or deceased adult's funeral, burial, cremation, or	742
other manner of final disposition brings a legal action for	743
purposes of section 2108.85 or 2108.86 of the Revised Code, such	744
person may add to the costs the person charges for the goods and	745
services the person provided the legal fees, if reasonable, and	746
the court costs that the person incurred.	747

(B) The right created by division (A) of this section shall	748
neither be construed to require, nor impose a duty on, a funeral	749
home, funeral director, crematory operator, or other person asked	750
to assist with a declarant's or deceased adult's funeral, burial,	751
cremation, or other manner of final disposition, to bring a legal	752
action and such person shall not be held criminally or civilly	753
liable for not bringing an action.	754

Sec. 2108.88.  (A) A funeral home, funeral director,	755
crematory operator, or other person asked to assist with a	756
declarant's funeral, burial, cremation, or other manner of final	757
disposition has the right to rely on the content of a written	758
declaration and the instructions of the person or group of persons	759
whom the funeral home, funeral director, crematory operator, or	760
other person reasonably believes has the right of disposition.	761

(B) If the circumstances described in division (A) of section	762
2108.83 of the Revised Code apply, a funeral home, funeral	763
director, crematory operator, or other person asked to assist with	764
a deceased adult's funeral, burial, cremation, or other manner of	765
final disposition has the right to rely on the instructions of the	766
person or group of persons the funeral home, funeral director,	767
crematory operator, or other person reasonably believes has the	768
right of disposition pursuant to section 2108.83 of the Revised	769
Code.	770

(C) No funeral home, funeral director, crematory operator, or	771
other person asked to assist with a deceased adult's funeral,	772
burial, cremation, or other manner of final disposition, who	773
relies, pursuant to divisions (A) and (B) of this section, in good	774
faith on the contents of a written declaration or the instructions	775
of the person or group of persons the funeral home, funeral	776
director, crematory operator, or other person reasonably believes	777
has the right of disposition, shall be subject to criminal or	778
civil liability or subject to disciplinary action for taking an	779
action or not taking an action in reliance on such contents or	780
instructions and for otherwise complying with sections 2108.70 to	781
2108.92 of the Revised Code.	782

Sec. 2108.89.  (A) A funeral home, funeral director,	783
crematory operator, or other person asked to assist with a	784
deceased adult's funeral, burial, cremation, or other manner of	785
final disposition may independently investigate the existence of,	786
or locate or contact, the following persons:	787

(1) A representative, first successor representative, or	788
second successor representative named in a written declaration;	789

(2) A person listed in section 2108.83 of the Revised Code.

790

(B) In no circumstances shall a funeral home, funeral	791
director, crematory operator, or other person asked to assist with	792
a deceased adult's funeral, burial, cremation, or other manner of	793
final disposition have a duty to independently investigate the	794
existence of, or locate or contact, the persons described in	795
division (A) of this section.	796

Sec. 2108.90.  (A) A person to whom a declarant's or deceased	797
adult's right of disposition has been assigned or reassigned	798
pursuant to section 2108.70 or 2108.83 of the Revised Code may	799
decline to exercise the right or resign after beginning to	800
exercise the right.	801

(B) A person described in division (A) of this section who	802
resigns after beginning to exercise the right shall be subject to	803
section 2108.91 of the Revised Code.	804

Sec. 2108.91.  The following persons shall be liable for the	805
reasonable costs of any goods or services purchased in connection	806
with the exercise of the right of disposition for a declarant or	807
deceased adult:	808

(A) A representative, first successor representative, or	809
second successor who assumes liability for the cost of such goods	810
and services by signing a written declaration that states that	811
such an assumption is made;	812

(B) A person to whom the right of disposition is assigned	813
pursuant to section 2108.83 of the Revised Code and who has	814
purchased goods or services associated with an exercise of the	815
right.	816

Sec. 2108.92.  Pursuant to division (A) of section 2101.24 of	817
the Revised Code, the probate court for the county in which the	818
declarant or deceased adult resided at the time of death shall	819
have exclusive jurisdiction over any action that results from	820
sections 2108.70 to 2108.91 of the Revised Code.	821

Sec. 2109.02.  Every fiduciary, before entering upon the	822
execution of a trust, shall receive letters of appointment from a	823
probate court having jurisdiction of the subject matter of the	824
trust.	825

The duties of a fiduciary shall be those required by law, and	826
such additional duties as the court orders. Letters of appointment	827
shall not issue until a fiduciary has executed a written	828
acceptance of histhe fiduciary's duties, acknowledging that he	829
the fiduciary is subject to removal for failure to perform histhe	830
fiduciary's duties, and that hethe fiduciary is subject to	831
possible penalties for conversion of property hethe fiduciary	832
holds as a fiduciary. The written acceptance may be filed with the	833
application for appointment.	834

No act or transaction by a fiduciary is valid prior to the	835
issuance of letters of appointment to himthe fiduciary. This	836
section does not prevent an executor named in a will, or an	837
executor nominated pursuant to a power as described in section	838
2107.65 of the Revised Code, or a person with the right of	839
disposition under section 2108.70 or 2108.83 of the Revised Code	840
from paying funeral expenses, or prevent necessary acts for the	841
preservation of the trust estate prior to the issuance of such	842
letters.	843

Sec. 2111.13.  (A) When a guardian is appointed to have the	844
custody and maintenance of a ward, and to have charge of the	845
education of the ward if the ward is a minor, the guardian's	846
duties are as follows:	847

(1) To protect and control the person of the ward;

848

(2) To provide suitable maintenance for the ward when	849
necessary, which shall be paid out of the estate of such ward upon	850
the order of the guardian of the person;	851

(3) To provide such maintenance and education for such ward	852
as the amount of the ward's estate justifies when the ward is a	853
minor and has no father or mother, or has a father or mother who	854
fails to maintain or educate the ward, which shall be paid out of	855
such ward's estate upon the order of the guardian of the person;	856

(4) To obey all the orders and judgments of the probate court	857
touching the guardianship.	858

(B) Except as provided in section 2111.131 of the Revised	859
Code, no part of the ward's estate shall be used for the support,	860
maintenance, or education of such ward unless ordered and approved	861
by the court.	862

(C) A guardian of the person may authorize or approve the	863
provision to the ward of medical, health, or other professional	864
care, counsel, treatment, or services unless the ward or an	865
interested party files objections with the probate court, or the	866
court, by rule or order, provides otherwise.	867

(D) AUnless a person with the right of disposition for a	868
ward under section 2108.70 or 2108.83 of the Revised Code has made	869
a decision regarding whether or not consent to an autopsy or	870
post-mortem examination on the body of the deceased ward under	871
section 2108.50 of the Revised Code shall be given, a guardian of	872
the person of a ward who has died may consent to anthe autopsy or	873
post-mortem examination upon the body of the deceased ward under	874
section 2108.50 of the Revised Code and, if the.	875

(E) If a deceased ward did not have a guardian of the estate	876
and, the estate is not required to be administered by a probate	877
court, and a person with the right of disposition for a ward, as	878
described in section 2108.70 or 2108.83 of the Revised Code, has	879
not made a decision regarding the disposition of the ward's body	880
or remains, the guardian of the person of the ward may authorize	881
the burial or cremation of the deceased ward. A	882

(F) A guardian who gives consent or authorization as	883
described in this divisiondivisions (D) and (E) of this section	884
shall notify the probate court as soon as possible after giving	885
the consent or authorization.	886

Sec. 2113.031.  (A) As used in this section:

887

(1) "Financial institution" has the same meaning as in	888
section 5725.01 of the Revised Code. "Financial institution" also	889
includes a credit union and a fiduciary that is not a trust	890
company but that does trust business.	891

(2) "Funeral and burial expenses" means whichever of the	892
following applies:	893

(a) The funeral and burial expenses of the decedent that are	894
included in the bill of a funeral director;	895

(b) The funeral expenses of the decedent that are not	896
included in the bill of a funeral director and that have been	897
approved by the probate court;	898

(c) The funeral and burial expenses of the decedent that are	899
described in divisions (A)(2)(a) and (b) of this section.	900

(3) "Surviving spouse" means either of the following:

901

(a) The surviving spouse of a decedent who died leaving the	902
surviving spouse and no minor children;	903

(b) The surviving spouse of a decedent who died leaving the	904
surviving spouse and minor children, all of whom are children of	905
the decedent and the surviving spouse.	906

(B)(1) If the value of the assets of the decedent's estate	907
does not exceed the lesser of twofive thousand dollars or the	908
amount of the decedent's funeral and burial expenses, any person	909
who is not a surviving spouse and who has paid or is obligated in	910
writing to pay the decedent's funeral and burial expenses,	911
including a person described in section 2108.91 of the Revised	912
Code, may apply to the probate court for an order granting a	913
summary release from administration in accordance with this	914
section.	915

(2) If either of the following applies, the decedent's	916
surviving spouse may apply to the probate court for an order	917
granting a summary release from administration in accordance with	918
this section:	919

(a) The decedent's funeral and burial expenses have been	920
prepaid, and the value of the assets of the decedent's estate does	921
not exceed the total of the following items:	922

(i) The allowance for support that is made under division (A)	923
of section 2106.13 of the Revised Code to the surviving spouse	924
and, if applicable, to the decedent's minor children and that is	925
distributable in accordance with division (B)(1) or (2) of that	926
section;	927

(ii) An amount, not exceeding twofive thousand dollars, for	928
the decedent's funeral and burial expenses referred to in division	929
(A)(2)(c) of this section.	930

(b) The decedent's funeral and burial expenses have not been	931
prepaid, the decedent's surviving spouse has paid or is obligated	932
in writing to pay the decedent's funeral and burial expenses, and	933
the value of the assets of the decedent's estate does not exceed	934
the total of the items referred to in divisions (B)(2)(a)(i) and	935
(ii) of this section.	936

(C) A probate court shall order a summary release from	937
administration in connection with a decedent's estate only if the	938
court finds that all of the following are satisfied:	939

(1) A person described in division (B)(1) of this section is	940
the applicant for a summary release from administration, and the	941
value of the assets of the decedent's estate does not exceed the	942
lesser of twofive thousand dollars or the amount of the	943
decedent's funeral and burial expenses, or the applicant for a	944
summary release from administration is the decedent's surviving	945
spouse, and the circumstances described in division (B)(2)(a) or	946
(b) of this section apply.	947

(2) The application for a summary release from administration	948
does all of the following:	949

(a) Describes all assets of the decedent's estate that are	950
known to the applicant;	951

(b) Is in the form that the supreme court prescribes pursuant	952
to its powers of superintendence under Section 5 of Article IV,	953
Ohio Constitution, and is consistent with the requirements of this	954
division;	955

(c) Has been signed and acknowledged by the applicant in the	956
presence of a notary public or a deputy clerk of the probate	957
court;	958

(d) Sets forth the following information if the decedent's	959
estate includes a described type of asset:	960

(i) If the decedent's estate includes a motor vehicle, the	961
motor vehicle's year, make, model, body type, manufacturer's	962
vehicle identification number, certificate of title number, and	963
date of death value;	964

(ii) If the decedent's estate includes an account maintained	965
by a financial institution, that institution's name and the	966
account's complete identifying number and date of death balance;	967

(iii) If the decedent's estate includes one or more shares of	968
stock or bonds, the total number of the shares and bonds and their	969
total date of death value and, for each share or bond, its serial	970
number, the name of its issuer, its date of death value, and, if	971
any, the name and address of its transfer agent.	972

(3) The application for a summary release from administration	973
is accompanied by all of the following that apply:	974

(a) A receipt, contract, written declaration as defined in	975
section 2108.70 of the Revised Code, or other document that	976
confirms the applicant's payment or obligation to pay the	977
decedent's funeral and burial expenses or, if applicable in the	978
case of the decedent's surviving spouse, the prepayment of the	979
decedent's funeral and burial expenses;	980

(b) An application for a certificate of transfer as described	981
in section 2113.61 of the Revised Code, if an interest in real	982
property is included in the assets of the decedent's estate;	983

(c) The fee required by division (A)(59) of section 2101.16	984
of the Revised Code.	985

(4) At the time of its determination on the application,	986
there are no pending proceedings for the administration of the	987
decedent's estate and no pending proceedings for relief of the	988
decedent's estate from administration under section 2113.03 of the	989
Revised Code.	990

(5) At the time of its determination on the application,	991
there are no known assets of the decedent's estate other than the	992
assets described in the application.	993

(D) If the probate court determines that the requirements of	994
division (C) of this section are satisfied, the probate court	995
shall issue an order that grants a summary release from	996
administration in connection with the decedent's estate. The order	997
has, and shall specify that it has, all of the following effects:	998

(1) It relieves the decedent's estate from administration.

999

(2) It directs the delivery to the applicant of the	1000
decedent's personal property together with the title to that	1001
property.	1002

(3) It directs the transfer to the applicant of the title to	1003
any interests in real property included in the decedent's estate.	1004

(4) It eliminates the need for a financial institution,	1005
corporation, or other entity or person referred to in any	1006
provision of divisions (A) to (F) of section 5731.39 of the	1007
Revised Code to obtain, as otherwise would be required by any of	1008
those divisions, the written consent of the tax commissioner prior	1009
to the delivery, transfer, or payment to the applicant of an asset	1010
of the decedent's estate.	1011

(E) A certified copy of an order that grants a summary	1012
release from administration together with a certified copy of the	1013
application for that order constitutes sufficient authority for a	1014
financial institution, corporation, or other entity or person	1015
referred to in divisions (A) to (F) of section 5731.39 of the	1016
Revised Code or for a clerk of a court of common pleas to transfer	1017
title to an asset of the decedent's estate to the applicant for	1018
the summary release from administration.	1019

(F) This section does not affect the ability of qualified	1020
persons to file an application to relieve an estate from	1021
administration under section 2113.03 of the Revised Code or to	1022
file an application for the grant of letters testamentary or	1023
letters of administration in connection with the decedent's	1024
estate.	1025

Sec. 2113.37.  The probate court, in settlement of an	1026
executor's or administrator's account, may allow as a credit to	1027
the executor or administratorthe following persons a just amount	1028
expended by himthe person for a tombstone or monument for the	1029
deceased and a just amount paid by himthe person to a cemetery	1030
association or corporation as a perpetual fund for caring for and	1031
preserving the lot on which the deceased is buried. It:	1032

(A) An executor;

1033

(B) An administrator;

1034

(C) A person with the right of disposition under section	1035
2108.70 or 2108.83 of the Revised Code.	1036

It is not incumbent on an executor or administratorsuch a	1037
person to procure a tombstone or monument or to pay any sum into	1038
such fund.	1039

Sec. 2117.25. (A) Every executor or administrator shall	1040
proceed with diligence to pay the debts of the decedent and shall	1041
apply the assets in the following order:	1042

(1) Costs and expenses of administration;

1043

(2) An amount, not exceeding twofive thousand dollars, for	1044
funeral expenses that are included in the bill of a funeral	1045
director, funeral expenses other than those in the bill of a	1046
funeral director that are approved by the probate court, and an	1047
amount, not exceeding twofive thousand dollars, for burial and	1048
cemetery expenses, including that portion of the funeral	1049
director's bill allocated to cemetery expenses that have been paid	1050
to the cemetery by the funeral director.	1051

For purposes of this division, burial and cemetery expenses	1052
shall be limited to the following:	1053

(a) The purchase of a place of interment;

1054

(b) Monuments or other markers;

1055

(c) The outer burial container;

1056

(d) The cost of opening and closing the place of interment;

1057

(e) The urn.

1058

(3) The allowance for support made to the surviving spouse,	1059
minor children, or both under section 2106.13 of the Revised Code;	1060

(4) Debts entitled to a preference under the laws of the	1061
United States;	1062

(5) Expenses of the last sickness of the decedent;

1063

(6) If the total bill of a funeral director for funeral	1064
expenses exceeds twofive thousand dollars, then, in addition to	1065
the amount described in division (A)(2) of this section, an	1066
amount, not exceeding onetwo thousand dollars, for funeral	1067
expenses that are included in the bill and that exceed twofive	1068
thousand dollars;	1069

(7) Personal property taxes, claims made under the estate	1070
recovery program instituted pursuant to section 5111.11 of the	1071
Revised Code, and obligations for which the decedent was	1072
personally liable to the state or any of its subdivisions;	1073

(8) Debts for manual labor performed for the decedent within	1074
twelve months preceding the decedent's death, not exceeding three	1075
hundred dollars to any one person;	1076

(9) Other debts for which claims have been presented and	1077
finally allowed.	1078

(B) The part of the bill of a funeral director that exceeds	1079
the total of threeseven thousand dollars as described in	1080
divisions (A)(2) and (6) of this section, and the part of a claim	1081
included in division (A)(8) of this section that exceeds three	1082
hundred dollars shall be included as a debt under division (A)(9)	1083
of this section, depending upon the time when the claim for the	1084
additional amount is presented.	1085

(C) Any natural person or fiduciary who pays a claim of any	1086
creditor described in division (A) of this section shall be	1087
subrogated to the rights of that creditor proportionate to the	1088
amount of the payment and shall be entitled to reimbursement for	1089
that amount in accordance with the priority of payments set forth	1090
in that division.	1091

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	1092
to the manner in which and the time within which claims shall be	1093
presented, shall apply to claims set forth in divisions (A)(2),	1094
(6), and (8) of this section. Claims for an expense of	1095
administration or for the allowance for support need not be	1096
presented. The executor or administrator shall pay debts included	1097
in divisions (A)(4) and (7) of this section, of which the executor	1098
or administrator has knowledge, regardless of presentation.	1099

(2) The giving of written notice to an executor or	1100
administrator of a motion or application to revive an action	1101
pending against the decedent at the date of death shall be	1102
equivalent to the presentation of a claim to the executor or	1103
administrator for the purpose of determining the order of payment	1104
of any judgment rendered or decree entered in such an action.	1105

(E) No payments shall be made to creditors of one class until	1106
all those of the preceding class are fully paid or provided for.	1107
If the assets are insufficient to pay all the claims of one class,	1108
the creditors of that class shall be paid ratably.	1109

(F) If it appears at any time that the assets have been	1110
exhausted in paying prior or preferred charges, allowances, or	1111
claims, those payments shall be a bar to an action on any claim	1112
not entitled to that priority or preference.	1113

Sec. 2117.251. A claim under the bill of a funeral director	1114
pursuant to section 2117.25 of the Revised Code arises subsequent	1115
to the death of the decedent and is not in satisfaction of a	1116
personal obligation of the individual during the individual's	1117
lifetime. If a decedent during the decedent's lifetime has	1118
purchased an irrevocable preneed funeral contract pursuant to	1119
section 1109.75 of the Revised Code, then those provisions of	1120
section 2117.25 of the Revised Code that relate to the bill of a	1121
funeral director, including divisions (A) and (B) of that section,	1122
do not apply to the estate of the decedent and the estate is not	1123
liable for the funeral expenses of the decedent.	1124

Sec. 4717.21.  (A) Any person, on an antemortem basis, may	1125
serve as the person's own authorizing agent, authorize the	1126
person's own cremation, and specify the arrangements for the final	1127
disposition of the person's own cremated remains by executing an	1128
antemortem cremation authorization form. A guardian, custodian, or	1129
other personal representative who is authorized by law or contract	1130
to do so on behalf of a person, on an antemortem basis, may	1131
authorize the cremation of the person and specify the arrangements	1132
for the final disposition of the person's cremated remains by	1133
executing an antemortem cremation authorization form on the	1134
person's behalf. Any such antemortem cremation authorization form	1135
also shall be signed by one witness. The original copy of the	1136
executed authorization form shall be sent to the operator of the	1137
crematory facility being authorized to conduct the cremation, and	1138
a copy shall be retained by the person who executed the	1139
authorization form. The person who executed an antemortem	1140
cremation authorization form may revoke the authorization at any	1141
time by providing written notice of the revocation to the operator	1142
of the crematory facility named in the authorization form. The	1143
person who executed the authorization form may transfer the	1144
authorization to another crematory facility by providing written	1145
notice to the operator of the crematory facility named in the	1146
original authorization of the revocation of the authorization and,	1147
in accordance with this division, executing a new antemortem	1148
cremation authorization form authorizing the operator of another	1149
crematory facility to conduct the cremation.	1150

(B) Each antemortem cremation authorization form shall	1151
specify the final disposition that is to be made of the cremated	1152
remains.	1153

(C) When(1) Except as provided in division (C)(2) of this	1154
section, when the operator of a crematory facility is in	1155
possession of a cremation authorization form that has been	1156
executed on an antemortem basis in accordance with this section,	1157
the other conditions set forth in division (A) of section 4717.23	1158
of the Revised Code have been met, the crematory facility has	1159
possession of the decedent to which the antemortem authorization	1160
pertains, and the crematory facility has received payment for the	1161
cremation of the decedent and the final disposition of the	1162
cremated remains of the decedent or is otherwise assured of	1163
payment for those services, the crematory facility shall cremate	1164
the decedent and dispose of the cremated remains in accordance	1165
with the instructions contained in the antemortem cremation	1166
authorization form, unless a person identified as being entitled	1167
to act as the authorizing agent for the cremation of the decedent	1168
in the absence of the antemortem authorization under divisions	1169
(A)(1) or (A)(4) to (8) of section 4717.22 of the Revised Code has	1170
modified, in writing, the arrangements for the final disposition	1171
of the cremated remains of the decedent or has canceled the	1172
cremation and made alternative arrangements for the final	1173
disposition of the decedent's body.	1174

(2) Subject to section 2108.76 of the Revised Code, a person	1175
with the right of disposition for a decedent under section 2108.70	1176
of the Revised Code may cancel the arrangements for the decedent's	1177
cremation, modify the arrangements for the final disposition of	1178
the decedent's cremated remains, or make alternative arrangements	1179
for the final disposition of the decedent's body. If a person with	1180
the right takes any such action, the operator shall disregard the	1181
instructions contained in the cremation authorization form and	1182
follow the instructions of the person with the right.	1183

(D) An antemortem cremation authorization form executed under	1184
division (A) of this section does not constitute a contract for	1185
conducting the cremation of the person named in the authorization	1186
form or for the final disposition of the person's cremated	1187
remains. Despite the existence of such an antemortem cremation	1188
authorization, a person identified under divisions (A)(1) or	1189
(A)(4) to (8)division (A) of section 4717.22 of the Revised Code	1190
as being entitled to act as the authorizing agent for the	1191
cremation of the decedent named in the antemortem authorization,	1192
in the descending order of priority in which they are listed, may	1193
modify, in writing, the arrangements for the final disposition of	1194
the cremated remains of the decedent set forth in the	1195
authorization form or may cancel the cremation and claim the	1196
decedent's body for purposes of making alternative arrangements	1197
for the final disposition of the decedent's body. The revocation	1198
of an antemortem cremation authorization form executed under	1199
division (A) of this section, or the cancellation of the cremation	1200
of the person named in the antemortem authorization or	1201
modification of the arrangements for the final disposition of the	1202
person's cremated remains as authorized by this division, does not	1203
affect the validity or enforceability of any contract entered into	1204
for the cremation of the person named in the antemortem	1205
authorization or for the final disposition of the person's	1206
cremated remains.	1207

(E) Nothing in this section applies to any antemortem	1208
cremation authorization form executed prior to the effective date	1209
of this section. Any cemetery, funeral home, crematory facility,	1210
or other party may specify, with the written approval of the	1211
person who executed the antemortem authorization, that such an	1212
antemortem authorization is subject to sections 4717.21 to 4717.30	1213
of the Revised Code.	1214

Sec. 4717.22.  (A) The following persons, in the descending	1215
order of priority listed below,person who has the right of	1216
disposition under section 2108.70 or 2108.83 of the Revised Code	1217
may serve as an authorizing agent for the cremation of a dead	1218
human body, including, without limitation, a dead human body that	1219
was donated to science for purposes of medical education or	1220
research:	1221

(1) The spouse of the decedent at the time of the decedent's	1222
death;	1223

(2) Any person acting on the instructions of a decedent who	1224
authorized the decedent's own cremation by executing an antemortem	1225
cremation authorization form in accordance with section 4717.21 of	1226
the Revised Code;	1227

(3) A person serving as the executor or legal representative	1228
of the decedent's estate who is acting in accordance with the	1229
decedent's written instructions for the final disposition of the	1230
decedent's body;	1231

(4) The decedent's surviving adult children. If the decedent	1232
is survived by more than one adult child, any of them who states	1233
on the cremation authorization form authorizing the cremation of	1234
the decedent executed in accordance with section 4717.24 of the	1235
Revised Code that all of the decedent's other adult children have	1236
been notified of the decedent's death and of the plans to cremate	1237
the decedent and that none of them have expressed an objection to	1238
the cremation may serve as the authorizing agent.	1239

(5) The decedent's surviving parent or, if the decedent was	1240
under eighteen years of age at death, a surviving parent or the	1241
guardian or custodian of the decedent. If the decedent is survived	1242
by both parents, either of them may serve as the authorizing agent	1243
by stating on the cremation authorization form authorizing the	1244
cremation of the decedent executed in accordance with section	1245
4717.24 of the Revised Code that the other parent has been	1246
notified of the decedent's death and of the plans to cremate the	1247
decedent and that the other parent expressed no objection to the	1248
cremation.	1249

(6) The person in the next degree of kinship to the decedent	1250
in the order named in section 2105.06 of the Revised Code to	1251
inherit the estate of the decedent if the decedent had died	1252
intestate. If there is more than one person of that degree of	1253
kinship, any of them may serve as the authorizing agent.	1254

(7) If the decedent was an indigent person or other person	1255
the final disposition of whose body is the responsibility of this	1256
state or a political subdivision of this state, the public officer	1257
or employee responsible for arranging the final disposition of the	1258
decedent's body;	1259

(8) In the case of an individual who has donated the	1260
individual's body to science for purposes of medical education or	1261
research, or whose death occurred in a nursing home, rest home, or	1262
home for the aging licensed under Chapter 3721. of the Revised	1263
Code, an adult care facility licensed under Chapter 3722. of the	1264
Revised Code, or a hospital registered under section 3701.07 of	1265
the Revised Code, and who has executed an antemortem cremation	1266
authorization form in accordance with section 4717.21 of the	1267
Revised Code in which the medical education or research facility,	1268
nursing home, rest home, home for the aging, adult care facility,	1269
or hospital is designated to make arrangements for the final	1270
disposition of the decedent's body, a representative of that	1271
facility or institution;	1272

(9) In the absence of any of the parties named in divisions	1273
(A)(1) to (8) of this section, any person willing to assume the	1274
responsibility of an authorizing agent under sections 4717.23 to	1275
4717.30 of the Revised Code.	1276

(B) If body parts were removed from a living person, the	1277
person from whom the body parts were removed or the guardian,	1278
custodian, or other personal representative of the person from	1279
whom the body parts were removed who is authorized by law or	1280
contract to arrange for the disposition of the body partsthe	1281
person who has the right of disposition under section 2108.70 or	1282
2108.83 of the Revised Code may serve as the authorizing agent for	1283
the cremation of the body parts.	1284

(C) If body parts were removed from a decedent whose body was	1285
donated to science for purposes of medical education or research,	1286
the person who has the right of disposition under section 2108.70	1287
or 2108.83 of the Revised Code may serve as the authorizing agent	1288
for the cremation of the body parts. In the absence of any action	1289
by the person with the right of disposition with respect to the	1290
cremation of such body parts, the medical education or research	1291
facility to which the decedent's body was donated may serve as the	1292
authorizing agent for the cremation of the bodysuch parts.	1293

Section 2.  That existing sections 2101.24, 2106.20, 2108.50,	1294
2109.02, 2111.13, 2113.031, 2113.37, 2117.25, 4717.21, and 4717.22	1295
of the Revised Code are hereby repealed.	1296