Am. Sub. S. B. No. 124 As Passed by the House

As Passed by the House

129th General Assembly

Regular Session

2011-2012

Am. Sub. S. B. No. 124

Senator Bacon

Cosponsors: Senators Wagoner, Brown, Hughes, Kearney, Coley, Hite, Lehner, Obhof, Sawyer, Seitz, Wilson
Representatives Blair, Brenner, Bubp, Combs, Hayes, Letson, Pelanda, Pillich, Slaby, Stautberg Speaker Batchelder

A BILL

To amend sections 2101.01, 2101.02, 2101.021,

2101.03, 2101.04, 2101.06, 2101.07, 2101.08,

2101.09, 2101.10, 2101.11, 2101.13, 2101.15,

2101.16, 2101.162, 2101.19, 2101.20, 2101.22,

2101.23, 2101.24, 2101.27, 2101.30, 2101.34,

2101.37, 2101.38, 2101.41, 2101.43, 2103.01,

2105.051, 2105.06, 2105.10, 2105.11, 2105.13,

2105.14, 2105.15, 2105.16, 2105.19, 2106.01,

2106.08, 2106.11, 2107.01, 2107.02, 2107.03,

2107.04, 2107.05, 2107.07, 2107.08, 2107.081,

2107.082, 2107.083, 2107.084, 2107.085, 2107.09,

2107.10, 2107.11, 2107.15, 2107.17, 2107.18,

2107.20, 2107.21, 2107.22, 2107.29, 2107.32,

2107.34, 2107.35, 2107.36, 2107.38, 2107.46,

2107.47, 2107.49, 2107.50, 2107.501, 2107.51,

2107.52, 2107.53, 2107.54, 2107.55, 2107.56,

2107.58, 2107.59, 2107.60, 2107.61, 2107.65,

2107.71, 2107.73, 2107.75, 2108.51, 2109.02,

2109.021, 2109.03, 2109.04, 2109.05, 2109.06,

2109.07, 2109.09, 2109.10, 2109.11, 2109.12,

2109.14, 2109.17, 2109.19, 2109.20, 2109.21,

2109.22, 2109.24, 2109.25, 2109.26, 2109.302,

2109.303, 2109.32, 2109.33, 2109.34, 2109.35,

2109.36, 2109.361, 2109.37, 2109.371, 2109.372,

2109.38, 2109.39, 2109.40, 2109.42, 2109.43,

2109.44, 2109.45, 2109.46, 2109.47, 2109.48,

2109.49, 2109.50, 2109.51, 2109.52, 2109.53,

2109.54, 2109.55, 2109.56, 2109.57, 2109.58,

2109.59, 2109.60, 2109.61, 2109.62, 2111.02,

2111.021, 2111.031, 2111.04, 2111.041, 2111.06,

2111.07, 2111.09, 2111.091, 2111.12, 2111.131,

2111.14, 2111.141, 2111.16, 2111.17, 2111.181,

2111.19, 2111.20, 2111.21, 2111.22, 2111.25,

2111.26, 2111.27, 2111.28, 2111.29, 2111.30,

2111.31, 2111.33, 2111.34, 2111.35, 2111.36,

2111.37, 2111.38, 2111.39, 2111.40, 2111.41,

2111.44, 2111.46, 2111.48, 2111.50, 2113.01,

2113.03, 2113.04, 2113.05, 2113.06, 2113.07,

2113.12, 2113.13, 2113.14, 2113.15, 2113.16,

2113.18, 2113.19, 2113.20, 2113.21, 2113.22,

2113.25, 2113.30, 2113.31, 2113.311, 2113.33,

2113.34, 2113.35, 2113.36, 2113.39, 2113.40,

2113.41, 2113.45, 2113.46, 2113.48, 2113.49,

2113.50, 2113.51, 2113.52, 2113.54, 2113.58,

2113.61, 2113.62, 2113.67, 2113.68, 2113.69,

2113.70, 2113.72, 2113.73, 2113.74, 2113.75,

2113.81, 2113.82, 2113.85, 2113.86, 2113.87,

2113.88, 2115.02, 2115.03, 2115.06, 2115.09,

2115.10, 2115.11, 2115.12, 2115.16, 2115.17,

2117.01, 2117.02, 2117.03, 2117.04, 2117.061,

2117.08, 2117.09, 2117.10, 2117.13, 2117.15,

2117.17, 2117.18, 2117.30, 2117.31, 2117.34,

2117.35, 2117.36, 2117.37, 2117.41, 2117.42,

2119.01, 2119.02, 2119.03, 2119.04, 2119.05,

2121.01, 2121.02, 2121.05, 2121.06, 2121.08,

2121.09, 2123.02, 2123.03, 2123.05, 2123.06,

2127.011, 2127.02, 2127.04, 2127.05, 2127.06,

2127.07, 2127.08, 2127.09, 2127.10, 2127.11,

2127.12, 2127.13, 2127.14, 2127.15, 2127.16,

2127.17, 2127.18, 2127.19, 2127.21, 2127.22,

2127.23, 2127.24, 2127.27, 2127.28, 2127.29,

2127.30, 2127.32, 2127.33, 2127.34, 2127.35,

2127.36, 2127.37, 2127.38, 2127.39, 2127.40,

2127.41, 2127.42, 2127.43, 2129.02, 2129.05,

2129.08, 2129.11, 2129.13, 2129.14, 2129.15,

2129.17, 2129.18, 2129.19, 2129.23, 2129.25,

2129.26, 2129.28, 2129.29, 2129.30, 2131.08,

2131.11, 2133.04, 2133.05, 2133.06, 2133.08,

2133.09, 2151.13, 2335.34, 3101.02, 3101.03,

3101.10, 3101.13, 3101.14, 3313.85, and 5111.113;

to enact new sections 2113.17 and 2113.26; and to

repeal sections 2101.36, 2113.02, 2113.17,

2113.24, 2113.26, 2113.27, 2113.28, 2113.29,

2113.57, and 2113.63 of the Revised Code to make

changes relative to the Probate Code.

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

Section 1. That sections 2101.01, 2101.02, 2101.021, 2101.03,	76
2101.04, 2101.06, 2101.07, 2101.08, 2101.09, 2101.10, 2101.11,	77
2101.13, 2101.15, 2101.16, 2101.162, 2101.19, 2101.20, 2101.22,	78
2101.23, 2101.24, 2101.27, 2101.30, 2101.34, 2101.37, 2101.38,	79
2101.41, 2101.43, 2103.01, 2105.051, 2105.06, 2105.10, 2105.11,	80
2105.13, 2105.14, 2105.15, 2105.16, 2105.19, 2106.01, 2106.08,	81
2106.11, 2107.01, 2107.02, 2107.03, 2107.04, 2107.05, 2107.07,	82
2107.08, 2107.081, 2107.082, 2107.083, 2107.084, 2107.085,	83
2107.09, 2107.10, 2107.11, 2107.15, 2107.17, 2107.18, 2107.20,	84
2107.21, 2107.22, 2107.29, 2107.32, 2107.34, 2107.35, 2107.36,	85
2107.38, 2107.46, 2107.47, 2107.49, 2107.50, 2107.501, 2107.51,	86
2107.52, 2107.53, 2107.54, 2107.55, 2107.56, 2107.58, 2107.59,	87
2107.60, 2107.61, 2107.65, 2107.71, 2107.73, 2107.75, 2108.51,	88
2109.02, 2109.021, 2109.03, 2109.04, 2109.05, 2109.06, 2109.07,	89
2109.09, 2109.10, 2109.11, 2109.12, 2109.14, 2109.17, 2109.19,	90
2109.20, 2109.21, 2109.22, 2109.24, 2109.25, 2109.26, 2109.302,	91
2109.303, 2109.32, 2109.33, 2109.34, 2109.35, 2109.36, 2109.361,	92
2109.37, 2109.371, 2109.372, 2109.38, 2109.39, 2109.40, 2109.42,	93
2109.43, 2109.44, 2109.45, 2109.46, 2109.47, 2109.48, 2109.49,	94
2109.50, 2109.51, 2109.52, 2109.53, 2109.54, 2109.55, 2109.56,	95
2109.57, 2109.58, 2109.59, 2109.60, 2109.61, 2109.62, 2111.02,	96
2111.021, 2111.031, 2111.04, 2111.041, 2111.06, 2111.07, 2111.09,	97
2111.091, 2111.12, 2111.131, 2111.14, 2111.141, 2111.16, 2111.17,	98
2111.181, 2111.19, 2111.20, 2111.21, 2111.22, 2111.25, 2111.26,	99
2111.27, 2111.28, 2111.29, 2111.30, 2111.31, 2111.33, 2111.34,	100
2111.35, 2111.36, 2111.37, 2111.38, 2111.39, 2111.40, 2111.41,	101
2111.44, 2111.46, 2111.48, 2111.50, 2113.01, 2113.03, 2113.04,	102
2113.05, 2113.06, 2113.07, 2113.12, 2113.13, 2113.14, 2113.15,	103
2113.16, 2113.18, 2113.19, 2113.20, 2113.21, 2113.22, 2113.25,	104
2113.30, 2113.31, 2113.311, 2113.33, 2113.34, 2113.35, 2113.36,	105
2113.39, 2113.40, 2113.41, 2113.45, 2113.46, 2113.48, 2113.49,	106
2113.50, 2113.51, 2113.52, 2113.54, 2113.58, 2113.61, 2113.62,	107
2113.67, 2113.68, 2113.69, 2113.70, 2113.72, 2113.73, 2113.74,	108
2113.75, 2113.81, 2113.82, 2113.85, 2113.86, 2113.87, 2113.88,	109
2115.02, 2115.03, 2115.06, 2115.09, 2115.10, 2115.11, 2115.12,	110
2115.16, 2115.17, 2117.01, 2117.02, 2117.03, 2117.04, 2117.061,	111
2117.08, 2117.09, 2117.10, 2117.13, 2117.15, 2117.17, 2117.18,	112
2117.30, 2117.31, 2117.34, 2117.35, 2117.36, 2117.37, 2117.41,	113
2117.42, 2119.01, 2119.02, 2119.03, 2119.04, 2119.05, 2121.01,	114
2121.02, 2121.05, 2121.06, 2121.08, 2121.09, 2123.02, 2123.03,	115
2123.05, 2123.06, 2127.011, 2127.02, 2127.04, 2127.05, 2127.06,	116
2127.07, 2127.08, 2127.09, 2127.10, 2127.11, 2127.12, 2127.13,	117
2127.14, 2127.15, 2127.16, 2127.17, 2127.18, 2127.19, 2127.21,	118
2127.22, 2127.23, 2127.24, 2127.27, 2127.28, 2127.29, 2127.30,	119
2127.32, 2127.33, 2127.34, 2127.35, 2127.36, 2127.37, 2127.38,	120
2127.39, 2127.40, 2127.41, 2127.42, 2127.43, 2129.02, 2129.05,	121
2129.08, 2129.11, 2129.13, 2129.14, 2129.15, 2129.17, 2129.18,	122
2129.19, 2129.23, 2129.25, 2129.26, 2129.28, 2129.29, 2129.30,	123
2131.08, 2131.11, 2133.04, 2133.05, 2133.06, 2133.08, 2133.09,	124
2151.13, 2335.34, 3101.02, 3101.03, 3101.10, 3101.13, 3101.14,	125
3313.85, and 5111.113 be amended and new sections 2113.17 and	126
2113.26 of the Revised Code be enacted to read as follows:	127

Sec. 2101.01. (A) A probate division of the court of common	128
pleas shall be held at the county seat in each county in an office	129
furnished by the board of county commissioners, in which the	130
books, records, and papers pertaining to the probate division	131
shall be deposited and safely kept by the probate judge. The board	132
shall provide suitable ~~cases~~equipment or other necessary items	133
for the safekeeping and preservation of the books, records, and	134
papers of the court and shall furnish any ~~blankbooks, blanks~~	135
books, forms, and stationery, and any machines, equipment, and	136
materials for the keeping or examining of records, that the	137
probate judge requires in the discharge of official duties. The	138
board also shall authorize expenditures for accountants, financial	139
consultants, and other agents required for auditing or financial	140
consulting by the probate division whenever the probate judge	141
considers these services and expenditures necessary for the	142
efficient performance of the division's duties. The probate judge	143
shall employ and supervise all clerks, deputies, magistrates, and	144
other employees of the probate division. The probate judge shall	145
supervise all probate court investigators and assessors in the	146
performance of their duties as investigators and assessors and	147
shall employ, appoint, or designate all probate court	148
investigators and assessors in the manner described in divisions	149
(A)(2) and (3) of section 2101.11 of the Revised Code.	150

(B) As used in the Revised Code:

151

(1) Except as provided in division (B)(2) of this section,	152
"probate court" means the probate division of the court of common	153
pleas, and "probate judge" means the judge of the court of common	154
pleas who is judge of the probate division.	155

(2) With respect to Lorain county:

156

(a) From February 9, 2009, through September 28, 2009,	157
"probate court" means the domestic relations division of the court	158
of common pleas, and "probate judge" means each of the judges of	159
the court of common pleas who are judges of the domestic relations	160
division.	161

(b) The judge of the court of common pleas, division of	162
domestic relations, whose term begins on February 9, 2009, and	163
successors, shall be the probate judge beginning September 29,	164
2009, and shall be elected and designated as judge of the court of	165
common pleas, probate division.	166

(C) Except as otherwise provided in this division, all	167
pleadings, forms, journals, and other records filed or used in the	168
probate division shall be entitled "In the Court of Common Pleas,	169
Probate Division," but are not defective if entitled "In the	170
Probate Court." In Lorain county, from February 9, 2009, through	171
September 28, 2009, all pleadings, forms, journals, and other	172
records filed or used in probate matters shall be entitled "In the	173
Court of Common Pleas, Domestic Relations Division," but are not	174
defective if entitled "In the Probate Division" or "In the Probate	175
Court."	176

Sec. 2101.02. Every six years, in each county having a	177
separate judge of the probate division of the court of common	178
pleas, one probate judge shall be elected who is qualified as	179
required by section 2301.01 of the Revised Code. HeThe probate	180
judge shall hold office for six years, commencing on the ninth day	181
of February next following ~~his~~the judge's election.	182

Sec. 2101.021. There shall be one additional probate judge	183
for the probate court of Cuyahoga County.	184

~~Such~~The additional judge shall be elected at the general	185
election to be held in 1954 and every six years thereafter, for a	186
term of six years commencing on the first day of January next	187
following ~~his~~the additional judge's election.	188

The judge elected pursuant to this section shall comply with	189
the qualifications provided for in section 2101.02 of the Revised	190
Code.	191

The probate judge who is senior in point of service shall be	192
the presiding judge and shall have the care and custody of the	193
files, papers, books and records belonging to the probate court of	194
Cuyahoga county and shall have all the other powers and duties of	195
the judge as provided in section 2101.11 of the Revised Code.	196

Sec. 2101.03. Before entering upon the discharge of ~~his~~	197
official duties, the probate judge shall give a bond to the state	198
in a sum not less than five thousand dollars. ~~Such~~The bond shall	199
have sufficient surety, shall be approved by the board of county	200
commissioners, or by the county auditor and county recorder in the	201
absence from the county of two of the members of the board, and	202
shall be conditioned that ~~such~~the judge will faithfully pay over	203
all moneys received by ~~him~~the judge in ~~his~~the judge's official	204
capacity, enter and record the orders, judgments, and proceedings	205
of the court, and faithfully and impartially perform all the	206
duties of ~~his~~the judge's office. ~~Such~~The bond, with the oath of	207
office required by sections 3.22 and 3.23 of the Revised Code	208
indorsed ~~thereon~~on it, shall be deposited with the county	209
treasurer and kept in ~~his~~the treasurer's office. As the state of	210
business in ~~his~~the probate judge's office renders it necessary,	211
the board may require the probate judge to give additional bond.	212

Sec. 2101.04. The ~~several~~judge or judges of the probate	213
court shall make rules regulating the practice and conducting the	214
business of the court, ~~which they~~and the judge or judges shall	215
submit those rules to the supreme court. In order to maintain	216
regularity and uniformity in the proceedings of all the probate	217
courts, the supreme court may alter and amend ~~such~~the rules	218
submitted by the judge or judges of a probate court and make other	219
rules.	220

Sec. 2101.06. The probate judge, upon the motion of a party	221
or ~~his~~the judge's own motion, may appoint a special master	222
commissioner in any matter pending before ~~such~~the judge. ~~Such~~The	223
commissioner shall be an attorney at law, and shall be sworn	224
faithfully to discharge ~~his~~the commissioner's duties. When	225
requested by the probate judge, ~~such~~the commissioner shall	226
execute a bond to the state in ~~such~~the sum asthat the court	227
directs, with surety approved by the court, and conditioned that	228
~~such~~the commissioner ~~will~~shall faithfully discharge ~~his~~the	229
commissioner's duties and pay over all money received by ~~him~~the	230
commissioner in that capacity. ~~Such~~The bond shall be for the	231
benefit of anyone aggrieved and shall be filed in the probate	232
court.	233

~~Such~~The commissioner shall take the testimony and report	234
~~such~~the testimony to the court with ~~his~~the commissioner's	235
conclusions on the law and the facts involved ~~therein, which~~. The	236
report may be excepted to by the parties, and confirmed, modified,	237
or set aside by the court.	238

Sec. 2101.07. A special master commissioner of the probate	239
court may administer all oaths required in the discharge of ~~his~~	240
the commissioner's duties, may summon and enforce the attendance	241
of witnesses, may compel the production of books and papers, and	242
may grant adjournments the same as the court, and, when the court	243
directs, ~~such~~the commissioner shall require the witnesses	244
severally to subscribe ~~their~~the witnesses' testimony.	245

All process and orders issued by ~~such~~the commissioner, shall	246
be directed to the sheriff ~~and~~, shall be served, and return	247
~~thereof~~of the process and orders shall be made, as if issued by	248
the probate judge.	249

The court shall allow ~~such~~the commissioner ~~such~~those fees	250
asthat are allowed to other officers for similar services, ~~which~~	251
and the court shall tax those fees ~~shall be taxed~~ with the costs.	252

Sec. 2101.08. The probate judge may appoint ~~a stenographic~~	253
~~reporter~~court reporters and fix ~~his~~their compensation in the	254
manner provided for the court of common pleas in sections 2301.18	255
to 2301.26~~, inclusive,~~ of the Revised Code.	256

Sec. 2101.09. When required by the probate judge, sheriffs,	257
coroners, and constables shall attend ~~his~~the judge's court and	258
shall serve and return process directed and delivered to them by	259
~~such~~the judge. No ~~such~~ officer of that type shall neglect or	260
refuse to serve and return ~~such~~any process as required by this	261
section. If ~~such~~an officer does neglect or refuse to serve and	262
return ~~such~~ process as required by this section, the judge shall	263
issue a summons specifying the cause for amercement, directed to	264
the officer~~, therein~~ named in the summons, commanding ~~him~~the	265
named officer to summon the officer guilty of ~~such~~the misconduct	266
to appear within two days after the service of summons and show	267
cause why hethe latter officer should not be amerced. In addition	268
to a fine, as provided by section 2101.99 of the Revised Code,	269
that is to be paid into the county treasury, ~~such~~the officer and	270
~~his~~the officer's sureties shall be liable upon ~~his~~the officer's	271
official bond for damages sustained by any person by reason of	272
~~such~~the officer's misconduct.	273

Sec. 2101.10. No sheriff, coroner, or constable shall refuse	274
to pay moneys, collected by ~~him,~~that officer to the probate judge	275
or other person, when so directed by the judge. For refusal to pay	276
over moneys collected, ~~such~~the officer shall be summoned as	277
provided in section 2101.09 of the Revised Code and amerced for	278
the use of the parties interested, in the amount required to be	279
collected by ~~such~~the process, with ten per cent ~~thereon~~on the	280
amount to be collected. The judge may enforce the collection of	281
~~such~~the amercement by execution or other process, by imprisonment	282
as for contempt of court, or both. The delinquent officer and ~~his~~	283
the officer's sureties shall also be liable on ~~his~~the officer's	284
official bond for the amount of the amercement at the suit of the	285
person interested.	286

Sec. 2101.11. (A)(1) The probate judge shall have the care	287
and custody of the files, papers, books, and records belonging to	288
the probate court. The probate judge is authorized to perform the	289
duties of clerk of the judge's court. The probate judge may	290
appoint deputy clerks, ~~stenographers~~court reporters, a bailiff,	291
and any other necessary employees, each of whom shall take an oath	292
of office before entering upon the duties of the employee's	293
appointment and, when so qualified, may perform the duties	294
appertaining to the office of clerk of the court.	295

(2)(a) The probate judge shall provide for one or more	296
probate court investigators to perform the duties that are	297
established for a probate court investigator by the Revised Code	298
or the probate judge. The probate judge may provide for an	299
investigator in any of the following manners, as the court	300
determines is appropriate:	301

(i) By appointing a person as a full-time or part-time	302
employee of the probate court to serve as investigator, or by	303
designating a current full-time or part-time employee of the	304
probate court to serve as investigator;	305

(ii) By contracting with a person to serve and be compensated	306
as investigator only when needed by the probate court, as	307
determined by the court, and by designating that person as a	308
probate court investigator during the times when the person is	309
performing the duties of an investigator for the court;	310

(iii) By entering into an agreement with another department	311
or agency of the county, including, but not limited to, the	312
sheriff's department or the county department of job and family	313
services, pursuant to which an employee of the other department or	314
agency will serve and perform the duties of investigator for the	315
court, upon request of the probate judge, and designating that	316
employee as a probate court investigator during the times when the	317
person is performing the duties of an investigator for the court.	318

(b) Each person appointed or otherwise designated as a	319
probate court investigator shall take an oath of office before	320
entering upon the duties of the person's appointment. When so	321
qualified, an investigator may perform the duties that are	322
established for a probate court investigator by the Revised Code	323
or the probate judge.	324

(c) Except as otherwise provided in this division, a probate	325
court investigator shall hold at least a bachelor's degree in	326
social work, psychology, education, special education, or a	327
related human services field. A probate judge may waive the	328
education requirement of this division for a person the judge	329
appoints or otherwise designates as a probate court investigator	330
if the judge determines that the person has experience in family	331
services work that is equivalent to the required education.	332

(d) Within one year after appointment or designation, a	333
probate court investigator shall attend an orientation course of	334
at least six hours, and each calendar year after the calendar year	335
of appointment or designation, a probate court investigator shall	336
satisfactorily complete at least six hours of continuing	337
education.	338

(e) For purposes of divisions (A)(4), (B), and (C) of this	339
section, a person designated as a probate court investigator under	340
division (A)(2)(a)(ii) or (iii) of this section shall be	341
considered an appointee of the probate court at any time that the	342
person is performing the duties established under the Revised Code	343
or by the probate judge for a probate court investigator.	344

(3)(a) The probate judge may provide for one or more persons	345
to perform the duties of an assessor under sections 3107.031,	346
3107.032, 3107.082, 3107.09, 3107.101, and 3107.12 of the Revised	347
Code or may enter into agreements with public children services	348
agencies, private child placing agencies, or private noncustodial	349
agencies under which the agency provides for one or more persons	350
to perform the duties of an assessor. A probate judge who provides	351
for an assessor shall do so in either of the following manners, as	352
the judge considers appropriate:	353

(i) By appointing a person as a full-time or part-time	354
employee of the probate court to serve as assessor, or by	355
designating a current full-time or part-time employee of the	356
probate court to serve as assessor;	357

(ii) By contracting with a person to serve and be compensated	358
as assessor only when needed by the probate court, as determined	359
by the court, and by designating that person as an assessor during	360
the times when the person is performing the duties of an assessor	361
for the court.	362

(b) Each person appointed or designated as a probate court	363
assessor shall take an oath of office before entering on the	364
duties of the person's appointment.	365

(c) A probate court assessor must meet the qualifications for	366
an assessor established by section 3107.014 of the Revised Code.	367

(d) A probate court assessor shall perform additional duties,	368
including duties of an investigator under division (A)(2) of this	369
section, when the probate judge assigns additional duties to the	370
assessor.	371

(e) For purposes of divisions (A)(4), (B), and (C) of this	372
section, a person designated as a probate court assessor shall be	373
considered an appointee of the probate court at any time that the	374
person is performing assessor duties.	375

(4) Each appointee of the probate judge may administer oaths	376
in all cases when necessary, in the discharge of official duties.	377

(B)(1)(a) Subject to the appropriation made by the board of	378
county commissioners pursuant to this division, each appointee of	379
a probate judge under division (A) of this section shall receive	380
such compensation and expenses as the judge determines and shall	381
serve during the pleasure of the judge. The compensation of each	382
appointee shall be paid in semimonthly installments by the county	383
treasurer from the county treasury, upon the warrants of the	384
county auditor, certified to by the judge.	385

(b) Except as otherwise provided in the Revised Code, the	386
total compensation paid to all appointees of the probate judge in	387
any calendar year shall not exceed the total fees earned by the	388
probate court during the preceding calendar year, unless the board	389
of county commissioners approves otherwise.	390

(2) The probate judge annually shall submit a written request	391
for an appropriation to the board of county commissioners that	392
shall set forth estimated administrative expenses of the court,	393
including the salaries of appointees as determined by the judge	394
and any other costs, fees, and expenses, including, but not	395
limited to, those enumerated in section 5123.96 of the Revised	396
Code, that the judge considers reasonably necessary for the	397
operation of the court. The board shall conduct a public hearing	398
with respect to the written request submitted by the judge and	399
shall appropriate such sum of money each year as it determines,	400
after conducting the public hearing and considering the written	401
request of the judge, is reasonably necessary to meet all the	402
administrative expenses of the court, including the salaries of	403
appointees as determined by the judge and any other costs, fees,	404
and expenses, including, but not limited to, the costs, fees, and	405
expenses enumerated in section 5123.96 of the Revised Code.	406

If the judge considers the appropriation made by the board	407
pursuant to this division insufficient to meet all the	408
administrative expenses of the court, the judge shall commence an	409
action under Chapter 2731. of the Revised Code in the court of	410
appeals for the judicial district for a determination of the duty	411
of the board of county commissioners to appropriate the amount of	412
money in dispute. The court of appeals shall give priority to the	413
action filed by the probate judge over all cases pending on its	414
docket. The burden shall be on the probate judge to prove that the	415
appropriation requested is reasonably necessary to meet all	416
administrative expenses of the court. If, prior to the filing of	417
an action under Chapter 2731. of the Revised Code or during the	418
pendency of the action, the judge exercises the judge's contempt	419
power in order to obtain the sum of money in dispute, the judge	420
shall not order the imprisonment of any member of the board of	421
county commissioners notwithstanding sections 2705.02 to 2705.06	422
of the Revised Code.	423

(C) The probate judge may require any of the judge's	424
appointees to give bond in the sum of not less than one thousand	425
dollars, conditioned for the honest and faithful performance of	426
the appointee's duties. The sureties on the bonds shall be	427
approved in the manner provided in section 2101.03 of the Revised	428
Code.	429

The judge isshall not be personally liable for the default,	430
malfeasance, or nonfeasance of any ~~such~~ appointee~~, but, if a bond~~	431
~~is required of the appointee, the liability of the judge is~~	432
~~limited to the amount by which the loss resulting from the~~	433
~~default, malfeasance, or nonfeasance exceeds the amount of the~~	434
~~bond~~.	435

All bonds required to be given in the probate court, on being	436
accepted and approved by the probate judge, shall be filed in the	437
judge's office.	438

Sec. 2101.13. When a probate judge, whether elected or	439
appointed, enters upon the discharge of ~~his~~the judge's official	440
duties, hethe judge shall make, in the books and other	441
record-keeping materials of ~~his~~the judge's office, the proper	442
records, entries, and indexes omitted by ~~his~~the judge's	443
predecessors in office. When made, the entries shall have the same	444
validity and effect as though they had been made at the proper	445
time and by the officer whose duty it was to make them, and the	446
judge shall sign all entries and records made by ~~him~~the judge as	447
though the entries, proceedings, and records had been commenced,	448
prosecuted, determined, and made by or before ~~him~~the judge.	449

Sec. 2101.15. In each case, examination, or proceeding, the	450
probate judge shall file an itemized account of fees received or	451
charged by ~~him~~the judge. On the first day of January, in each	452
year, hethe judge shall file with the county auditor an account,	453
certified by ~~such~~the judge, of all fees received by ~~him~~the judge	454
during the preceding year. No judge shall fail to perform the	455
duties imposed in this section. At the instance of any person, an	456
~~action shall be instituted and prosecuted by~~ the prosecuting	457
attorney shall institute and prosecute an action against ~~any such~~	458
the defaulting judge.	459

Sec. 2101.16. (A) Except as provided in section 2101.164 of	460
the Revised Code, the fees enumerated in this division shall be	461
charged and collected, if possible, by the probate judge and shall	462
be in full for all services rendered in the respective	463
proceedings:	464

(1)	Account, in addition to advertising charges			465
		$	12.00	466
	Waivers and proof of notice of hearing on account, per page, minimum one dollar			467
		$	1.00	468
(2)	Account of distribution, in addition to advertising charges			469
		$	7.00	470
(3)	Adoption of child, petition for			471
		$	50.00	472
(4)	Alter or cancel contract for sale or purchase of real ~~estate~~ property, ~~petition~~ complaint to			473
		$	20.00	474
(5)	Application and order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section			475
		$	5.00	476
(6)	Appropriation suit, per day, hearing in			477
		$	20.00	478
(7)	Birth, application for registration of			479
		$	7.00	480
(8)	Birth record, application to correct			481
		$	5.00	482
(9)	Bond, application for new or additional			483
		$	5.00	484
(10)	Bond, application for release of surety or reduction of			485
		$	5.00	486
(11)	Bond, receipt for securities deposited in lieu of			487
		$	5.00	488
(12)	Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar			489
		$	1.00	490
(13)	Citation and issuing citation, application for			491
		$	5.00	492
(14)	Change of name, petition for			493
		$	20.00	494
(15)	Claim, application of administrator or executor for allowance of administrator's or executor's own			495
		$	10.00	496
(16)	Claim, application to compromise or settle			497
		$	10.00	498
(17)	Claim, authority to present			499
		$	10.00	500
(18)	Commissioner, appointment of			501
		$	5.00	502
(19)	Compensation for extraordinary services and attorney's fees for fiduciary, application for			503
		$	5.00	504
(20)	Competency, application to procure adjudication of			505
		$	20.00	506
(21)	Complete contract, application to			507
		$	10.00	508
(22)	Concealment of assets, citation for			509
		$	10.00	510
(23)	Construction of will, ~~petition~~ complaint for			511
		$	20.00	512
(24)	Continue decedent's business, application to			513
		$	10.00	514
	Monthly reports of operation			515
		$	5.00	516
(25)	Declaratory judgment, ~~petition~~ complaint for			517
		$	20.00	518
(26)	Deposit of will			519
		$	5.00	520
(27)	Designation of heir			521
		$	20.00	522
(28)	Distribution in kind, application, assent, and order for			523
		$	5.00	524
(29)	Distribution under section 2109.36 of the Revised Code, application for an order of			525
		$	7.00	526
(30)	Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars			527
		$	15.00	528
(31)	Exceptions to any proceeding named in this section, contest of appointment or			529
		$	10.00	530
(32)	Election of surviving partner to purchase assets of partnership, proceedings relating to			531
		$	10.00	532
(33)	Election of surviving spouse under will			533
		$	5.00	534
(34)	Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of			535
		$	35.00	536
(35)	Foreign will, application to record			537
		$	10.00	538
	Record of foreign will, additional, per page			539
		$	1.00	540
(36)	Forms when supplied by the probate court, not to exceed			541
		$	10.00	542
(37)	Heirship, ~~petition~~ complaint to determine			543
		$	20.00	544
(38)	Injunction proceedings			545
		$	20.00	546
(39)	Improve real ~~estate~~ property, petition to			547
		$	20.00	548
(40)	Inventory with appraisement			549
		$	10.00	550
(41)	Inventory without appraisement			551
		$	7.00	552
(42)	Investment or expenditure of funds, application for			553
		$	10.00	554
(43)	Invest in real ~~estate~~ property, application to			555
		$	10.00	556
(44)	Lease for oil, gas, coal, or other mineral, petition to			557
		$	20.00	558
(45)	Lease or lease and improve real ~~estate~~ property, petition to			559
		$	20.00	560
(46)	Marriage license			561
		$	10.00	562
	Certified abstract of each marriage			563
		$	2.00	564
(47)	Minor or incompetent person, etc., disposal of estate under twenty-five thousand dollars of			565
		$	10.00	566
(48)	Mortgage or mortgage and repair or improve real ~~estate~~ property, ~~petition~~ complaint to			567
		$	20.00	568
(49)	Newly discovered assets, report of			569
		$	7.00	570
(50)	Nonresident executor or administrator to bar creditors' claims, proceedings by			571
		$	20.00	572
(51)	Power of attorney or revocation of power, bonding company			573
		$	10.00	574
(52)	Presumption of death, petition to establish			575
		$	20.00	576
(53)	Probating will			577
		$	15.00	578
	Proof of notice to beneficiaries			579
		$	5.00	580
(54)	Purchase personal property, application of surviving spouse to			581
		$	10.00	582
(55)	Purchase real ~~estate~~ property at appraised value, petition of surviving spouse to			583
		$	20.00	584
(56)	Receipts in addition to advertising charges, application and order to record			585
		$	5.00	586
	Record of those receipts, additional, per page			587
		$	1.00	588
(57)	Record in excess of fifteen hundred words in any proceeding in the probate court, per page			589
		$	1.00	590
(58)	Release of estate by mortgagee or other lienholder			591
		$	5.00	592
(59)	Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code			593
		$	60.00	594
(60)	Removal of fiduciary, application for			595
		$	10.00	596
(61)	Requalification of executor or administrator			597
		$	10.00	598
(62)	Resignation of fiduciary			599
		$	5.00	600
(63)	Sale bill, public sale of personal property			601
		$	10.00	602
(64)	Sale of personal property and report, application for			603
		$	10.00	604
(65)	Sale of real ~~estate~~ property, petition for			605
		$	25.00	606
(66)	Terminate guardianship, petition to			607
		$	10.00	608
(67)	Transfer of real ~~estate~~ property, application, entry, and certificate for			609
		$	7.00	610
(68)	Unclaimed money, application to invest			611
		$	7.00	612
(69)	Vacate approval of account or order of distribution, motion to			613
		$	10.00	614
(70)	Writ of execution			615
		$	5.00	616
(71)	Writ of possession			617
		$	5.00	618
(72)	Wrongful death, application and settlement of claim for			619
		$	20.00	620
(73)	Year's allowance, petition to review			621
		$	7.00	622
(74)	Guardian's report, filing and review of			623
		$	5.00	624

(B)(1) In relation to an application for the appointment of a	625
guardian or the review of a report of a guardian under section	626
2111.49 of the Revised Code, the probate court, pursuant to court	627
order or in accordance with a court rule, may direct that the	628
applicant or the estate pay any or all of the expenses of an	629
investigation conducted pursuant to section 2111.041 or division	630
(A)(2) of section 2111.49 of the Revised Code. If the	631
investigation is conducted by a public employee or investigator	632
who is paid by the county, the fees for the investigation shall be	633
paid into the county treasury. If the court finds that an alleged	634
incompetent or a ward is indigent, the court may waive the costs,	635
fees, and expenses of an investigation.	636

(2) In relation to the appointment or functioning of a	637
guardian for a minor or the guardianship of a minor, the probate	638
court may direct that the applicant or the estate pay any or all	639
of the expenses of an investigation conducted pursuant to section	640
2111.042 of the Revised Code. If the investigation is conducted by	641
a public employee or investigator who is paid by the county, the	642
fees for the investigation shall be paid into the county treasury.	643
If the court finds that the guardian or applicant is indigent, the	644
court may waive the costs, fees, and expenses of an investigation.	645

(C) Thirty dollars of the thirty-five-dollar fee collected	646
pursuant to division (A)(34) of this section and twenty dollars of	647
the sixty-dollar fee collected pursuant to division (A)(59) of	648
this section shall be deposited by the county treasurer in the	649
indigent guardianship fund created pursuant to section 2111.51 of	650
the Revised Code.	651

(D) The fees of witnesses, jurors, sheriffs, coroners, and	652
constables for services rendered in the probate court or by order	653
of the probate judge shall be the same as provided for ~~like~~	654
similar services in the court of common pleas.	655

(E) The probate court, by rule, may require an advance	656
deposit for costs, not to exceed one hundred twenty-five dollars,	657
at the time application is made for an appointment as executor or	658
administrator or at the time a will is presented for probate.	659

(F) The probate court, by rule, shall establish a reasonable	660
fee, not to exceed fifty dollars, for the filing of a petition for	661
the release of information regarding an adopted person's name by	662
birth and the identity of the adopted person's biological parents	663
and biological siblings pursuant to section 3107.41 of the Revised	664
Code, all proceedings relative to the petition, the entry of an	665
order relative to the petition, and all services required to be	666
performed in connection with the petition. The probate court may	667
use a reasonable portion of a fee charged under authority of this	668
division to reimburse any agency, as defined in section 3107.39 of	669
the Revised Code, for any services it renders in performing a task	670
described in section 3107.41 of the Revised Code relative to or in	671
connection with the petition for which the fee was charged.	672

(G)(1) Thirty dollars of the fifty-dollar fee collected	673
pursuant to division (A)(3) of this section shall be deposited	674
into the "putative father registry fund," which is hereby created	675
in the state treasury. The department of job and family services	676
shall use the money in the fund to fund the department's costs of	677
performing its duties related to the putative father registry	678
established under section 3107.062 of the Revised Code.	679

(2) If the department determines that money in the putative	680
father registry fund is more than is needed for its duties related	681
to the putative father registry, the department may use the	682
surplus moneys in the fund as permitted in division (C) of section	683
2151.3529, division (B) of section 2151.3530, or section 5103.155	684
of the Revised Code.	685

Sec. 2101.162. (A)(1) The probate judge may determine that,	686
for the efficient operation of the probate court, additional funds	687
are required to computerize the court, make available computerized	688
legal research services, or to do both. Upon making a	689
determination that additional funds are required for either or	690
both of those purposes, the probate judge shall charge a fee not	691
to exceed three dollars or authorize and direct a deputy clerk of	692
~~his~~the probate court to charge a fee not to exceed three dollars,	693
in addition to the fees specified in divisions (A)(1), (3), (4),	694
(6), (14) to (17), (20) to (25), (27), (30) to (32), (34), (35),	695
(37) to (48), (50) to (55), (59) to (61), (63) to (66), (69), and	696
(72) of section 2101.16 of the Revised Code, the fee adopted	697
pursuant to division (F) of that section, and the fee charged in	698
connection with the docketing and indexing of an appeal.	699

(2) All moneys collected under division (A)(1) of this	700
section shall be paid to the county treasurer. The treasurer shall	701
place the moneys from the fees in a separate fund to be disbursed,	702
upon an order of the probate judge, in an amount no greater than	703
the actual cost to the court of procuring and maintaining	704
computerization of the court, computerized legal research	705
services, or both.	706

(3) If the court determines that the funds in the fund	707
described in division (A)(2) of this section are more than	708
sufficient to satisfy the purpose for which the additional fee	709
described in division (A)(1) of this section was imposed, the	710
court may declare a surplus in the fund and expend those surplus	711
funds for other appropriate technological expenses of the court.	712

(B)(1) The probate judge may determine that, for the	713
efficient operation of ~~his~~the probate court, additional funds are	714
required to computerize the office of the clerk of the court and,	715
upon that determination, may charge a fee, not to exceed ten	716
dollars, or authorize and direct a deputy clerk of the probate	717
court to charge a fee, not to exceed ten dollars, in addition to	718
the fees specified in divisions (A)(1), (3), (4), (6), (14) to	719
(17), (20) to (25), (27), (30) to (32), (34), (35), (37) to (48),	720
(50) to (55), (59) to (61), (63) to (66), (69), and (72) of	721
section 2101.16 of the Revised Code, the fee adopted pursuant to	722
division (F) of that section, and the fee charged in connection	723
with the docketing and indexing of an appeal. Subject to division	724
(B)(2) of this section, all moneys collected under this division	725
shall be paid to the county treasurer to be disbursed, upon an	726
order of the probate judge and subject to appropriation by the	727
board of county commissioners, in an amount no greater than the	728
actual cost to the probate court of procuring and maintaining	729
computer systems for the office of the clerk of the court.	730

(2) If the probate judge makes the determination described in	731
division (B)(1) of this section, the board of county commissioners	732
may issue one or more general obligation bonds for the purpose of	733
procuring and maintaining the computer systems for the office of	734
the clerk of the probate court. In addition to the purposes stated	735
in division (B)(1) of this section for which the moneys collected	736
under that division may be expended, the moneys additionally may	737
be expended to pay debt charges on and financing costs related to	738
any general obligation bonds issued pursuant to this division as	739
they become due. General obligation bonds issued pursuant to this	740
division are Chapter 133. securities.	741

Sec. 2101.19. (A) No probate judge or ~~his~~probate judge's	742
deputy clerk shall sell or offer for sale for more than one dollar	743
any merchandise to be used in connection with any license, order,	744
or document issued by the probate court, or make any charge in	745
connection with the issuance of any license, order, or document	746
except that specifically provided by law.	747

(B) All moneys obtained from the sale of merchandise to be	748
used in connection with any license, order, or document issued by	749
a probate court shall be paid by the probate judge or the deputy	750
clerk of the court into the county treasury. The moneys shall be	751
credited to a fund to be known as the probate court conduct of	752
business fund. The moneys so credited shall be used solely for the	753
conduct of the business of the probate court.	754

(C) Upon receipt of an order of the probate judge for the	755
payment of moneys from the fund for the conduct of the business of	756
the court, the county auditor shall draw a warrant on the county	757
treasurer for the amount of money specified in the order, but not	758
exceeding the balance of the moneys in the fund, which warrant	759
shall be made payable to the probate judge or another person	760
designated in the order.	761

Sec. 2101.20. When the aggregate amount of fees and	762
allowances collected by the probate judge in any calendar year	763
exceeds by more than ten per cent the amount necessary to pay the	764
salaries of ~~said~~the judge and the employees of the probate court,	765
including court constables, for the same calendar year, ~~such~~the	766
judge may, by an order entered on ~~his~~the judge's journal, provide	767
for a discount of all the fees and allowances hethe judge is	768
required to charge and collect for the use of the county by fixing	769
a per cent of discount ~~which~~that shall be applied to all the	770
earnings of ~~said~~the office for the ensuing year and shall	771
constitute the legal fees of ~~said~~the office for ~~said~~that year.	772

Sec. 2101.22. The probate judge shall issue any process,	773
notices, commissions, rules, and orders that are necessary to	774
carry into effect the powers granted to ~~him~~the judge.	775

Sec. 2101.23. The probate judge may keep order in ~~his~~the	776
judge's court and has authority throughout the state to compel	777
performance of any duty incumbent upon any fiduciary appointed by	778
or accounting to ~~him~~the judge. The probate judge may punish any	779
contempt of ~~his~~the judge's authority as ~~such~~that contempt might	780
be punished in the court of common pleas.	781

If a person neglects or refuses to perform an order or	782
judgment of a probate court, other than for the payment of money,	783
~~he shall be~~the person is guilty of a contempt of court, and the	784
judge shall issue a summons directing ~~such~~the person to appear	785
before the court, within two days from the service ~~thereof,~~of the	786
summons and show cause why hethe person should not be punished	787
for contempt. If it appears to the judge that ~~such~~the person is	788
~~secreting himself~~attempting to avoid the process of the court, or	789
is about to leave the county for that purpose, the judge may issue	790
an attachment instead of the summons, commanding the officer, to	791
whom it is directed, to bring ~~such~~the person before ~~such~~the	792
judge to answer for contempt. If no sufficient excuse is shown,	793
~~such~~the person shall be punished for contempt.	794

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	795
the probate court has exclusive jurisdiction:	796

(a) To take the proof of wills and to admit to record	797
authenticated copies of wills executed, proved, and allowed in the	798
courts of any other state, territory, or country. If the probate	799
judge is unavoidably absent, any judge of the court of common	800
pleas may take proof of wills and approve bonds to be given, but	801
the record of these acts shall be preserved in the usual records	802
of the probate court.	803

(b) To grant and revoke letters testamentary and of	804
administration;	805

(c) To direct and control the conduct and settle the accounts	806
of executors and administrators and order the distribution of	807
estates;	808

(d) To appoint the attorney general to serve as the	809
administrator of an estate pursuant to section 2113.06 of the	810
Revised Code;	811

(e) To appoint and remove guardians, conservators, and	812
testamentary trustees, direct and control their conduct, and	813
settle their accounts;	814

(f) To grant marriage licenses;

815

(g) To make inquests respecting persons who are so mentally	816
impaired as a result of a mental or physical illness or	817
disability, or mental retardation, or as a result of chronic	818
substance abuse, that they are unable to manage their property and	819
affairs effectively, subject to guardianship;	820

(h) To qualify assignees, appoint and qualify trustees and	821
commissioners of insolvents, control their conduct, and settle	822
their accounts;	823

(i) To authorize the sale of lands, equitable estates, or	824
interests in lands or equitable estates, and the assignments of	825
inchoate dower in such cases of sale, on petition by executors,	826
administrators, and guardians;	827

(j) To authorize the completion of real ~~estate~~property	828
contracts on petition of executors and administrators;	829

(k) To construe wills;

830

(l) To render declaratory judgments, including, but not	831
limited to, those rendered pursuant to section 2107.084 of the	832
Revised Code;	833

(m) To direct and control the conduct of fiduciaries and	834
settle their accounts;	835

(n) To authorize the sale or lease of any estate created by	836
will if the estate is held in trust, on petition by the trustee;	837

(o) To terminate a testamentary trust in any case in which a	838
court of equity may do so;	839

(p) To hear and determine actions to contest the validity of	840
wills;	841

(q) To make a determination of the presumption of death of	842
missing persons and to adjudicate the property rights and	843
obligations of all parties affected by the presumption;	844

(r) To hear and determine an action commenced pursuant to	845
section 3107.41 of the Revised Code to obtain the release of	846
information pertaining to the birth name of the adopted person and	847
the identity of the adopted person's biological parents and	848
biological siblings;	849

(s) To act for and issue orders regarding wards pursuant to	850
section 2111.50 of the Revised Code;	851

(t) To hear and determine actions against sureties on the	852
bonds of fiduciaries appointed by the probate court;	853

(u) To hear and determine actions involving informed consent	854
for medication of persons hospitalized pursuant to section	855
5122.141 or 5122.15 of the Revised Code;	856

(v) To hear and determine actions relating to durable powers	857
of attorney for health care as described in division (D) of	858
section 1337.16 of the Revised Code;	859

(w) To hear and determine actions commenced by objecting	860
individuals, in accordance with section 2133.05 of the Revised	861
Code;	862

(x) To hear and determine complaints that pertain to the use	863
or continuation, or the withholding or withdrawal, of	864
life-sustaining treatment in connection with certain patients	865
allegedly in a terminal condition or in a permanently unconscious	866
state pursuant to division (E) of section 2133.08 of the Revised	867
Code, in accordance with that division;	868

(y) To hear and determine applications that pertain to the	869
withholding or withdrawal of nutrition and hydration from certain	870
patients allegedly in a permanently unconscious state pursuant to	871
section 2133.09 of the Revised Code, in accordance with that	872
section;	873

(z) To hear and determine applications of attending	874
physicians in accordance with division (B) of section 2133.15 of	875
the Revised Code;	876

(aa) To hear and determine actions relative to the use or	877
continuation of comfort care in connection with certain principals	878
under durable powers of attorney for health care, declarants under	879
declarations, or patients in accordance with division (E) of	880
either section 1337.16 or 2133.12 of the Revised Code;	881

(bb) To hear and determine applications for an order	882
relieving an estate from administration under section 2113.03 of	883
the Revised Code;	884

(cc) To hear and determine applications for an order granting	885
a summary release from administration under section 2113.031 of	886
the Revised Code;	887

(dd) To hear and determine actions relating to the exercise	888
of the right of disposition, in accordance with section 2108.90 of	889
the Revised Code;	890

(ee) To hear and determine actions relating to the	891
disinterment and reinterment of human remains under section 517.23	892
of the Revised Code.	893

(2) In addition to the exclusive jurisdiction conferred upon	894
the probate court by division (A)(1) of this section, the probate	895
court shall have exclusive jurisdiction over a particular subject	896
matter if both of the following apply:	897

(a) Another section of the Revised Code expressly confers	898
jurisdiction over that subject matter upon the probate court.	899

(b) No section of the Revised Code expressly confers	900
jurisdiction over that subject matter upon any other court or	901
agency.	902

(B)(1) The probate court has concurrent jurisdiction with,	903
and the same powers at law and in equity as, the general division	904
of the court of common pleas to issue writs and orders, and to	905
hear and determine actions as follows:	906

(a) If jurisdiction relative to a particular subject matter	907
is stated to be concurrent in a section of the Revised Code or has	908
been construed by judicial decision to be concurrent, any action	909
that involves that subject matter;	910

(b) Any action that involves an inter vivos trust; a trust	911
created pursuant to section 5815.28 of the Revised Code; a	912
charitable trust or foundation; subject to divisions (A)(1)(u) and	913
(z) of this section, a power of attorney, including, but not	914
limited to, a durable power of attorney; the medical treatment of	915
a competent adult; or a writ of habeas corpus.	916

(2) Any action that involves a concurrent jurisdiction	917
subject matter and that is before the probate court may be	918
transferred by the probate court, on its order, to the general	919
division of the court of common pleas.	920

(C) The probate court has plenary power at law and in equity	921
to dispose fully of any matter that is properly before the court,	922
unless the power is expressly otherwise limited or denied by a	923
section of the Revised Code.	924

(D) The jurisdiction acquired by a probate court over a	925
matter or proceeding is exclusive of that of any other probate	926
court, except when otherwise provided by law.	927

Sec. 2101.27. (A) A probate judge has jurisdiction and	928
authority to solemnize marriages within the county and may charge	929
a fee for providing the service in accordance with division (B) of	930
this section. The fee charged is subject to disposition in	931
accordance with division (C) of this section.	932

(B)(1) If a probate judge intends to charge a fee for	933
solemnizing any marriage in accordance with division (A) of this	934
section, prior to doing so, the probate judge, by rule, shall	935
establish a reasonable fee for providing the service.	936

(2) Division (B)(1) of this section does not do either of the	937
following:	938

(a) Require a probate judge who, by rule, has established a	939
reasonable fee for solemnizing marriages to charge that fee for	940
every marriage that hethe probate judge solemnizes;	941

(b) Affect specific fees to which the probate judge is	942
entitled under section 2101.16 or any other section of the Revised	943
Code for issuing marriage licenses, recording returns of	944
solemnized marriages, providing certified abstracts of marriages,	945
or performing any other task related to a marriage other than its	946
solemnization.	947

(C) If, in accordance with division (B) of this section, a	948
reasonable fee is charged by a probate judge for solemnizing any	949
marriage, the probate judge shall not retain any portion of that	950
fee and instead shall pay the entire fee into the county treasury.	951
The county treasurer shall credit the fee to the general fund of	952
the county.	953

Sec. 2101.30. Whenever a jury is required in the probate	954
court, the probate judge shall ~~forthwith~~ notify the commissioners	955
of jurors, who shall cause to be drawn from the jury wheel, or to	956
be drawn by use of the automation data processing equipment and	957
procedures described in section 2313.07 of the Revised Code, the	958
names of sixteen persons as ~~jurymen~~jurypersons. Additional names	959
may be drawn if required. The clerk of the court of common pleas	960
or one of ~~his~~the clerk's deputies shall make a list of ~~such~~those	961
names in the order drawn and certify itthe list to the probate	962
court, and ~~such~~the court shall issue a venire commanding the	963
persons whose names were drawn to appear on the day and at the	964
hour set for trial. The probate court shall deliver the venire to	965
the sheriff, who shall serve it within five days ~~thereafter~~of	966
delivery and make prompt return of ~~such~~the service.	967

Sec. 2101.34. If the judges of the court of common pleas are	968
absent from the county or are under a disability, the probate	969
judge of the county may enter judgments by confession in cases	970
pending in the court of common pleas of ~~his~~the judge's county.	971

Sec. 2101.37. When the probate judge of any county is	972
absent, or is unable to attend court, or the volume of work in ~~his~~	973
the judge's office necessitates it, hethe judge may call upon a	974
judge of the court of common pleas having jurisdiction in ~~said~~	975
that county to act in ~~his~~the probate judge's place, or in	976
conjunction with ~~him~~the probate judge, or hethe probate judge	977
may call upon the chief justice of the supreme court, who shall	978
designate a judge of the court of common pleas or a probate judge	979
to act in the place of ~~such~~the absent or incapacitated probate	980
judge, or in conjunction with ~~him~~the absent or incapacitated	981
probate judge. If the probate judge of any county dies or resigns	982
during ~~his~~the judge's term of office, a judge of the court of	983
common pleas of ~~said~~that county shall act in the place of ~~said~~	984
the probate judge until ~~his~~a successor is appointed and	985
qualified. When a judge of the court of common pleas or a probate	986
judge so designated resides outside the county in which hethe	987
designated judge is called upon to act, hethe designated judge	988
shall receive ~~such~~the compensation asthat is provided for judges	989
of the court of common pleas designated by the chief justice to	990
hold court outside their respective counties. The record of ~~such~~	991
the cases shall be made and preserved in the proper records of the	992
probate court by the deputy clerk ~~thereof~~of the probate court.	993

Sec. 2101.38. Letters testamentary, of administration, or of	994
guardianship shall not be issued to a person after ~~his~~the	995
person's election to the office of probate judge and before the	996
expiration of ~~his~~the person's term. If a probate judge is	997
interested, as heir, legatee, devisee, or other manner in an	998
estate ~~which~~that would otherwise be settled in the probate court	999
of the county where hethe judge resides, ~~such~~the estate, and all	1000
of the accounts of guardians in which the judge is interested,	1001
shall be settled by the court of common pleas of the county. In	1002
~~such~~those matters and cases in which the judge is interested, the	1003
judge shall certify the original papers ~~shall be by him forthwith~~	1004
~~certified~~ to the court of common pleas. In other matters and	1005
proceedings in a probate court in which the judge ~~thereof~~of the	1006
probate court is interested or in which hethe judge is required	1007
to be a witness to a will, ~~such~~the judge shall, upon the motion	1008
of a party interested in the proceedings, or upon ~~his~~the judge's	1009
own motion, certify the matters and proceedings to the court of	1010
common pleas and ~~forthwith~~ file with the clerk of the court of	1011
common pleas all original papers connected ~~therewith~~with those	1012
matters and proceedings.	1013

When a matter or proceeding is so certified, a judge of the	1014
court of common pleas~~, at chambers, by a judge thereof, or in open~~	1015
~~court~~ shall hear and determine itthe matter or proceeding in	1016
chambers or in open court as though ~~such~~the court had original	1017
jurisdiction of the subject matter. Upon final decision of the	1018
questions involved in ~~such~~the matter or proceedings, the final	1019
settlement of the estate in which the judge is interested as	1020
executor, administrator, or guardian, or when ~~his~~the judge's	1021
interest ~~therein~~in the estate ceases, the clerk shall deliver the	1022
original papers to the probate court ~~from which they came~~in which	1023
the original papers were filed and make and file ~~therein~~in that	1024
court an authenticated transcript of the orders, judgments, and	1025
proceedings of the court of common pleas. ~~Thereupon the~~The	1026
probate judge shall record ~~such~~the orders, judgments, and	1027
proceedings in the proper records.	1028

Sec. 2101.41. No probate judge shall practice law, be	1029
associated with another as partner in the practice of law in a	1030
court or tribunal of this state, prepare a complaint or answer,	1031
make out an account required for the settlement of an estate	1032
committed to the care or management of another, or appear as	1033
attorney before a court or judicial tribunal. Whoever violates	1034
this section shall forfeit ~~his~~the office of probate judge.	1035

The deputy clerk of a probate court may engage in the	1036
practice of law if ~~his~~the deputy's practice is not related in any	1037
way to probate law or practice. The deputy may engage in the	1038
practice of law only with the continued consent and approval of	1039
all of the judges of the probate court.	1040

A ~~referee~~magistrate appointed solely to conduct hearings	1041
under Chapters 5122. and 5123. of the Revised Code may engage in	1042
the practice of law, including probate law, except that hethe	1043
magistrate shall not practice law under ~~these~~those chapters other	1044
than as a ~~referee~~magistrate and shall not knowingly accept any	1045
business arising out of or otherwise connected with a proceeding	1046
in which hethe magistrate served as a ~~referee~~magistrate under	1047
~~these~~those chapters.	1048

The prosecuting attorney shall file ~~his~~the prosecuting	1049
attorney's information against a judge or deputy clerk who	1050
practices law in violation of this section in the court of common	1051
pleas, and proceed as upon indictment.	1052

This section does not prevent a probate judge or deputy clerk	1053
from finishing business commenced by ~~him~~the judge or deputy clerk	1054
prior to ~~his~~the judge's or clerk's election or appointment,	1055
provided it is not connected with ~~his~~the official ~~duty~~duties of	1056
the judge or clerk.	1057

Sec. 2101.43. Whenever ten per cent of the number of	1058
electors voting for governor at the most recent election in any	1059
county having less than sixty thousand population, as determined	1060
by the most recent federal census, petition a judge of the court	1061
of common pleas of ~~such~~the county, not less than ninety days	1062
before any general election for county officers, for the	1063
submission to the electors of ~~such~~the county the question of	1064
combining the probate court with the court of common pleas, ~~such~~	1065
the judge shall place upon the journal of ~~said~~the court an order	1066
requiring the sheriff to make proclamation that at the next	1067
general election there will be submitted to the electors the	1068
question of combining the probate court with the court of common	1069
pleas. The clerk of the court of common pleas shall~~, thereupon,~~	1070
make and deliver a certified copy of ~~such~~the order to the	1071
sheriff, and the sheriff shall include notice of the submission of	1072
~~such~~the question in the sheriff's proclamation of election for	1073
the next general election.	1074

Each elector joining in a petition for the submission of ~~said~~	1075
the question of combining the probate court with the court of	1076
common pleas shall sign ~~such~~the petition in the elector's own	1077
handwriting, unless the elector cannot write and the elector's	1078
signature is made by mark, and shall ~~add thereto~~include in the	1079
petition the township, precinct, or ward of which the elector is a	1080
resident. ~~Such~~The petition may consist of as many parts as are	1081
convenient. One of the signers to each separate paper shall swear	1082
before ~~some~~an officer who is qualified to administer the oath	1083
that the petition is bona fide to the best of the signer's	1084
knowledge and belief. ~~Such~~The oath shall be a part of or attached	1085
to ~~such~~the paper. The judge upon receipt of ~~such~~the petition	1086
shall deposit it with the clerk of the court of common pleas.	1087

No signature shall be taken from or added to ~~such~~the	1088
petition after it has been filed with the judge. When deposited	1089
~~such~~the petition shall be preserved and open to public	1090
inspection, and, if it is in conformity with this section, it	1091
shall be valid, unless an objection ~~thereto~~to the petition is	1092
made in writing by an elector of the county within five days after	1093
the filing ~~thereof~~of the petition. ~~Such~~The objections, or any	1094
other questions arising in the course of the submission of the	1095
question of combining ~~said courts~~the probate court with the court	1096
of common pleas, shall be considered and determined by the judge,	1097
and the judge's decision shall be final.	1098

Sec. 2103.01. InAs used in sections 2103.01 to 2103.09,	1099
~~inclusive,~~ of the Revised Code, unless the context shows that	1100
another sense ~~was~~is intended, "property" includes ~~lands,~~	1101
~~tenements, hereditaments~~real property,and money, ~~chattels,~~	1102
choses in action, ~~and~~ evidences of debt, and other personal	1103
property.	1104

Sec. 2105.051. When a person dies, property that hethe	1105
person gave during ~~his~~the person's lifetime to an heir shall be	1106
treated as an advancement against the heir's share of the estate	1107
only if declared in a contemporaneous writing by the decedent, or	1108
acknowledged in writing by the heir to be an advancement. For this	1109
purpose, property advanced is valued as of the time the heir came	1110
into possession or enjoyment of the property, or as of the time of	1111
death of the decedent, whichever occurs first. If the heir does	1112
not survive the decedent, the property shall not be taken into	1113
account in computing the intestate share to be received by the	1114
heir's issue, unless the declaration or acknowledgment provides	1115
otherwise.	1116

Sec. 2105.06. When a person dies intestate having title or	1117
right to any personal property, or to any real ~~estate~~property or	1118
inheritance, in this state, the personal property shall be	1119
distributed, and the real ~~estate~~property or inheritance shall	1120
descend and pass in parcenary, except as otherwise provided by	1121
law, in the following course:	1122

(A) If there is no surviving spouse, to the children of the	1123
intestate or their lineal descendants, per stirpes;	1124

(B) If there is a spouse and one or more children of the	1125
decedent or their lineal descendants surviving, and all of the	1126
decedent's children who survive or have lineal descendants	1127
surviving also are children of the surviving spouse, then the	1128
whole to the surviving spouse;	1129

(C) If there is a spouse and one child of the decedent or the	1130
child's lineal descendants surviving and the surviving spouse is	1131
not the natural or adoptive parent of the decedent's child, the	1132
first twenty thousand dollars plus one-half of the balance of the	1133
intestate estate to the spouse and the remainder to the child or	1134
the child's lineal descendants, per stirpes;	1135

(D) If there is a spouse and more than one child or their	1136
lineal descendants surviving, the first sixty thousand dollars if	1137
the spouse is the natural or adoptive parent of one, but not all,	1138
of the children, or the first twenty thousand dollars if the	1139
spouse is the natural or adoptive parent of none of the children,	1140
plus one-third of the balance of the intestate estate to the	1141
spouse and the remainder to the children equally, or to the lineal	1142
descendants of any deceased child, per stirpes;	1143

(E) If there are no children or their lineal descendants,	1144
then the whole to the surviving spouse;	1145

(F) If there is no spouse and no children or their lineal	1146
descendants, to the parents of the intestate equally, or to the	1147
surviving parent;	1148

(G) If there is no spouse, no children or their lineal	1149
descendants, and no parent surviving, to the brothers and sisters,	1150
whether of the whole or of the half blood of the intestate, or	1151
their lineal descendants, per stirpes;	1152

(H) If there are no brothers or sisters or their lineal	1153
descendants, one-half to the paternal grandparents of the	1154
intestate equally, or to the survivor of them, and one-half to the	1155
maternal grandparents of the intestate equally, or to the survivor	1156
of them;	1157

(I) If there is no paternal grandparent or no maternal	1158
grandparent, one-half to the lineal descendants of the deceased	1159
grandparents, per stirpes; if there are no such lineal	1160
descendants, then to the surviving grandparents or their lineal	1161
descendants, per stirpes; if there are no surviving grandparents	1162
or their lineal descendants, then to the next of kin of the	1163
intestate, provided there shall be no representation among ~~such~~	1164
the next of kin;	1165

(J) If there are no next of kin, to stepchildren or their	1166
lineal descendants, per stirpes;	1167

(K) If there are no stepchildren or their lineal descendants,	1168
escheat to the state.	1169

Sec. 2105.10. (A) As used in this section:

1170

(1) "Abandoned" means that a parent of a minor failed without	1171
justifiable cause to communicate with the minor, care for ~~him~~the	1172
minor, and provide for ~~his~~the minor's maintenance or support as	1173
required by law or judicial decree for a period of at least one	1174
year immediately prior to the date of the death of the minor.	1175

(2) "Minor" means a person who is less than eighteen years of	1176
age.	1177

(B) Subject to divisions (C), (D), and (E) of this section, a	1178
parent who has abandoned ~~his~~the parent's minor child who	1179
subsequently dies intestate as a minor shall not inherit the real	1180
or personal property of the deceased child pursuant to section	1181
2105.06 of the Revised Code. If a parent is prohibited by this	1182
division from inheriting from ~~his~~the parent's deceased child, the	1183
real or personal property of the deceased child shall be	1184
distributed, or shall descend and pass in parcenary, pursuant to	1185
section 2105.06 of the Revised Code as if the parent had	1186
predeceased the deceased child.	1187

(C) Subject to divisions (D) and (E) of this section, a	1188
parent who is alleged to have abandoned a child who died as an	1189
intestate minor shall be considered as a next of kin or an heir at	1190
law of the deceased child only for the following purposes:	1191

(1) To receive any notice required to be given to the heirs	1192
at law of a decedent in connection with an application for release	1193
of an estate from administration under section 2113.03 of the	1194
Revised Code;	1195

(2) To be named as a next of kin in an application for the	1196
appointment of a person as the administrator of the estate of the	1197
deceased child, if the parent is known to the person filing the	1198
application pursuant to section 2113.07 of the Revised Code, and	1199
to receive a citation issued by the probate court pursuant to that	1200
section.	1201

(D)(1) The prohibition against inheritance set forth in	1202
division (B) of this section shall be enforceable only in	1203
accordance with a probate court adjudication rendered pursuant to	1204
this division.	1205

(2) If the administrator of the estate of an intestate minor	1206
has actual knowledge, or reasonable cause to believe, that the	1207
minor was abandoned by a parent, the administrator shall file a	1208
petition pursuant to section 2123.02 of the Revised Code to obtain	1209
an adjudication that the parent abandoned the child and that,	1210
because of the prohibition against inheritance set forth in	1211
division (B) of this section, the parent shall not be considered	1212
to be an heir at law of, and shall not be entitled to inherit the	1213
real and personal property of, the deceased child pursuant to	1214
section 2105.06 of the Revised Code. That parent shall be named as	1215
a defendant in the petition and, whether or not that parent is a	1216
resident of this state, shall be served with a summons and a copy	1217
of the petition in accordance with the Rules of Civil Procedure.	1218
In the heirship determination proceeding, the administrator has	1219
the burden of proving, by a preponderance of the evidence, that	1220
the parent abandoned the child. If, after the hearing, the probate	1221
court finds that the administrator has sustained that burden of	1222
proof, the probate court shall include in its adjudication	1223
described in section 2123.05 of the Revised Code its findings that	1224
the parent abandoned the child and, because of the prohibition	1225
against inheritance set forth in division (B) of this section, the	1226
parent shall not be considered to be an heir at law of, and shall	1227
not be entitled to inherit the real and personal property of, the	1228
deceased child pursuant to section 2105.06 of the Revised Code. If	1229
the probate court so finds, then, upon the entry of its	1230
adjudication on its journal, the administrator may make a final	1231
distribution of the estate of the deceased child in accordance	1232
with division (B) of this section.	1233

(3) An heirship determination proceeding resulting from the	1234
filing of a petition pursuant to this division shall be conducted	1235
in accordance with Chapter 2123. of the Revised Code, except to	1236
the extent that a provision of this section conflicts with a	1237
provision of that chapter, in which case the provision of this	1238
section shall control.	1239

(E) If the administrator of the estate of an intestate minor	1240
has not commenced an heirship determination proceeding as	1241
described in division (D) of this section within four months from	1242
the date that hethe administrator receives ~~his~~the	1243
administrator's letters of administration, then ~~such a~~that	1244
proceeding may not be commenced subsequently, no parent of the	1245
deceased child shall be prohibited from inheriting the real or	1246
personal property of the deceased child pursuant to division (B)	1247
of this section, and the probate of the estate of the deceased	1248
child in accordance with section 2105.06 and other relevant	1249
sections of the Revised Code shall be forever binding.	1250

Sec. 2105.11. When a person dies intestate leaving children	1251
and none of the children of ~~such~~the intestate have died leaving	1252
children or their lineal descendants, ~~such~~the estate shall	1253
descend to the children of ~~such~~the intestate, living at the time	1254
of ~~his~~the intestate's death, in equal proportions.	1255

Sec. 2105.13. If some of the children of an intestate are	1256
living and others are dead, the estate shall descend to the	1257
children who are living and to the lineal descendants of ~~such~~the	1258
children aswho are dead, so that each child who is living will	1259
inherit the share to which hethe child who is living would have	1260
been entitled if all the children of the intestate were living,	1261
and the lineal descendants of the deceased child will inherit	1262
equal parts of that portion of the estate to which ~~such~~the	1263
deceased child would be entitled if hethe deceased child were	1264
living.	1265

This section shall apply in all cases in which the	1266
descendants of the intestate, not more remote than lineal	1267
descendants of grandparents, entitled to share in the estate, are	1268
of unequal degree of consanguinity to the intestate, so that those	1269
who are of the nearest degree of consanguinity will take the share	1270
to which they would have been entitled, had all the descendants in	1271
the same degree of consanguinity with them who died leaving issue,	1272
been living.	1273

Sec. 2105.14. Descendants of an intestate begotten before	1274
~~his~~the intestate's death, but born ~~thereafter~~after the	1275
intestate's death, in all cases will inherit as if born in the	1276
lifetime of the intestate and surviving ~~him~~the intestate; but in	1277
no other case can a person inherit unless living at the time of	1278
the death of the intestate.	1279

Sec. 2105.15. A person of sound mind and memory may appear	1280
before the probate judge of ~~his~~the person's county and in the	1281
presence of ~~such~~the judge and two disinterested persons of ~~such~~	1282
that person's acquaintance, file a written declaration declaring	1283
that, as ~~his~~the person's free and voluntary act, hethe person	1284
did designate and appoint another, stating the name and place of	1285
residence of ~~such~~the other person specifically, to stand toward	1286
~~him~~the person in the relation of an heir at law in the event of	1287
~~his~~the person's death. ~~Such~~The declaration ~~must~~shall be	1288
attested by the two disinterested persons and subscribed by the	1289
declarant. If satisfied that ~~such~~the declarant is of sound mind	1290
and memory and free from restraint, the judge ~~thereupon~~ shall	1291
enter that fact upon ~~his~~the judge's journal and make a complete	1292
record of ~~such~~the proceedings. ~~Thenceforward~~From then on the	1293
person designated will stand in the same relation, for all	1294
purposes, to ~~such~~the declarant as hethe person designated could	1295
if a child born in lawful wedlock. The rules of inheritance will	1296
be the same between ~~him~~the person designated and the relations by	1297
blood of the declarant, as if so born. A certified copy of ~~such~~	1298
the record will be prima-facie evidence of the fact stated ~~therein~~	1299
in the record, and conclusive evidence, unless impeached for	1300
actual fraud or undue influence. After a lapse of one year from	1301
the date of ~~such~~the designation, ~~such~~the declarant may have ~~such~~	1302
the designation vacated or changed by filing in ~~said~~that probate	1303
court an application to vacate or change ~~such~~the designation of	1304
heir; provided, that there is compliance with the procedure,	1305
conditions, and prerequisites required in the making of the	1306
original declaration.	1307

Sec. 2105.16. No person who is capable of inheriting shall	1308
be deprived of the inheritance by reason of any of ~~his~~the	1309
person's ancestors having been aliens. Aliens may hold, possess,	1310
and enjoy ~~lands, tenements, and hereditaments~~real property within	1311
this state, either by descent, devise, gift, or purchase, as fully	1312
as any citizen of the United States or of this state may do.	1313

Sec. 2105.19. (A) Except as provided in division (C) of this	1314
section, no person who is convicted of, pleads guilty to, or is	1315
found not guilty by reason of insanity of a violation of or	1316
complicity in the violation of section 2903.01, 2903.02, or	1317
2903.03 of the Revised Code or of an existing or former law of any	1318
other state, the United States, or a foreign nation, substantially	1319
equivalent to a violation of or complicity in the violation of any	1320
of these sections, no person who is indicted for a violation of or	1321
complicity in the violation of any of those sections or laws and	1322
subsequently is adjudicated incompetent to stand trial on that	1323
charge, and no juvenile who is found to be a delinquent child by	1324
reason of committing an act that, if committed by an adult, would	1325
be a violation of or complicity in the violation of any of those	1326
sections or laws, shall in any way benefit by the death. All	1327
property of the decedent, and all money, insurance proceeds, or	1328
other property or benefits payable or distributable in respect of	1329
the decedent's death, shall pass or be paid or distributed as if	1330
the person who caused the death of the decedent had predeceased	1331
the decedent.	1332

(B) A person prohibited by division (A) of this section from	1333
benefiting by the death of another is a constructive trustee for	1334
the benefit of those entitled to any property or benefit that the	1335
person has obtained, or over which hethe person has exerted	1336
control, because of the decedent's death. A person who purchases	1337
any such property or benefit from the constructive trustee, for	1338
value, in good faith, and without notice of the constructive	1339
trustee's disability under division (A) of this section, acquires	1340
good title, but the constructive trustee is accountable to the	1341
beneficiaries for the proceeds or value of the property or	1342
benefit.	1343

(C) A person who is prohibited from benefiting from a death	1344
pursuant to division (A) of this section either because hethe	1345
person was adjudicated incompetent to stand trial or was found not	1346
guilty by reason of insanity, or ~~his~~the person's guardian	1347
appointed pursuant to Chapter 2111. of the Revised Code or other	1348
legal representative, may file a complaint to declare ~~his~~the	1349
person's right to benefit from the death in the probate court in	1350
which the decedent's estate is being administered or ~~which~~that	1351
released the estate from administration. The complaint shall be	1352
filed no later than sixty days after the person is adjudicated	1353
incompetent to stand trial or found not guilty by reason of	1354
insanity. The court shall notify each person who is a devisee or	1355
legatee under the decedent's will, or if there is no will, each	1356
person who is an heir of the decedent pursuant to section 2105.06	1357
of the Revised Code that ~~such~~ a complaint of that nature has been	1358
filed within ten days after the filing of ~~such a~~the complaint.	1359
The person who files the ~~motion~~complaint, and each person who is	1360
required to be notified of the filing of the ~~motion~~complaint	1361
under this division, is entitled to a jury trial in the action. To	1362
assert the right, the person desiring a jury trial shall demand a	1363
jury in the manner prescribed in the Civil Rules.	1364

A person who files a complaint pursuant to this division	1365
shall be restored to ~~his~~the person's right to benefit from the	1366
death unless the court determines, by a preponderance of the	1367
evidence, that the person would have been convicted of a violation	1368
of, or complicity in the violation of, section 2903.01, 2903.02,	1369
or 2903.03 of the Revised Code, or of a law of another state, the	1370
United States, or a foreign nation that is substantially similar	1371
to any of those sections, if hethe person had been brought to	1372
trial in the case in which hethe person was adjudicated	1373
incompetent or if hethe person were not insane at the time of the	1374
commission of the offense.	1375

Sec. 2106.01. (A) After the initial appointment of an	1376
administrator or executor of the estate, the probate court shall	1377
issue a citation to the surviving spouse, if any is living at the	1378
time of the issuance of the citation, to elect whether to exercise	1379
the surviving spouse's rights under Chapter 2106. of the Revised	1380
Code, including, after the probate of a will, the right to elect	1381
to take under the will or under section 2105.06 of the Revised	1382
Code.	1383

A surviving spouse may waive the service of the citation	1384
required under this division by filing in the probate court a	1385
written waiver of the citation. The waiver shall include an	1386
acknowledgment of receipt of the description of the general rights	1387
of the surviving spouse required by division (B) of section	1388
2106.02 of the Revised Code.	1389

(B) If the surviving spouse elects to take under section	1390
2105.06 of the Revised Code and if the value of the property that	1391
the surviving spouse is entitled to receive is equal to or greater	1392
than the value of the decedent's interest in the mansion house as	1393
determined under section 2106.10 of the Revised Code, the	1394
surviving spouse also is entitled to make an election pursuant to	1395
division (A) of section 2106.10 of the Revised Code.	1396

(C) If the surviving spouse elects to take under section	1397
2105.06 of the Revised Code, the surviving spouse shall take not	1398
to exceed one-half of the net estate, unless two or more of the	1399
decedent's children or their lineal descendants survive, in which	1400
case the surviving spouse shall take not to exceed one-third of	1401
the net estate.	1402

For purposes of this division, the net estate shall be	1403
determined before payment of federal estate tax, estate taxes	1404
under Chapter 5731. of the Revised Code, or any other tax that is	1405
subject to apportionment under section 2113.86 or 2113.861 of the	1406
Revised Code.	1407

(D) Unless the will expressly provides that in case of an	1408
election under division (A) of this section there shall be no	1409
acceleration of remainder or other interests bequeathed or devised	1410
by the will, the balance of the net estate shall be disposed of as	1411
though the surviving spouse had predeceased the testator. If there	1412
is a disposition by a will to an inter vivos trust that was	1413
created by the testator, if under the terms of the trust the	1414
surviving spouse is entitled to any interest in the trust or is	1415
granted any power or nomination with respect to the trust, and if	1416
the surviving spouse makes an election to take under section	1417
2105.06 of the Revised Code, then, unless the trust instrument	1418
provides otherwise, the surviving spouse is ~~deemed~~considered for	1419
purposes of the trust to have predeceased the testator, and there	1420
shall be an acceleration of remainder or other interests in all	1421
property bequeathed or devised to the trust by the will, in all	1422
property held by the trustee at the time of the death of the	1423
decedent, and in all property that comes into the ~~hands~~possession	1424
or under the control of the trustee by reason of the death of the	1425
decedent.	1426

(E) The election of a surviving spouse to take under a will	1427
or under section 2105.06 of the Revised Code may be made at any	1428
time after the death of the decedent, but the surviving spouse	1429
shall not make the election later than five months from the date	1430
of the initial appointment of an administrator or executor of the	1431
estate. On a motion filed before the expiration of the five-month	1432
period, and for good cause shown, the court may allow further time	1433
for the making of the election. If no action is taken by the	1434
surviving spouse before the expiration of the five-month period,	1435
it is conclusively presumed that the surviving spouse elects to	1436
take under the will. The election shall be entered on the journal	1437
of the court.	1438

When proceedings for advice or to contest the validity of a	1439
will are begun within the time allowed by this division for making	1440
the election, the election may be made within three months after	1441
the final disposition of the proceedings, if the will is not set	1442
aside.	1443

(F) When a surviving spouse succeeds to the entire estate of	1444
the testator, having been named the sole devisee and legatee, it	1445
shall be presumed that the spouse elects to take under the will of	1446
the testator, unless the surviving spouse manifests a contrary	1447
intention.	1448

Sec. 2106.08. If, because of a legal disability, a surviving	1449
spouse is unable to make an election as provided by section	1450
2106.01 of the Revised Code, as soon as the facts come to the	1451
knowledge of the probate court, the probate court shall appoint	1452
some suitable person to ascertain the value of the provision made	1453
for the surviving spouse by the testator, the value of the rights	1454
of the surviving spouse in the estate of the testator under	1455
Chapter 2105. of the Revised Code, and the adequate support needs	1456
of the surviving spouse after taking into consideration the other	1457
available resources and the age, probable life expectancy,	1458
physical and mental condition, and present and reasonably	1459
anticipated future needs of the surviving spouse. The appointment	1460
by the court shall be made at any time within the times described	1461
in division (E) of section 2106.01 of the Revised Code for making	1462
an election under that section.	1463

When the person so appointed returns the report of ~~his~~the	1464
person's investigation, the court may elect for the surviving	1465
spouse to take under section 2105.06 of the Revised Code only if	1466
it finds, after taking into consideration the other available	1467
resources and the age, probable life expectancy, physical and	1468
mental condition, and present and reasonably anticipated future	1469
needs of the surviving spouse, that the election to take under	1470
section 2105.06 of the Revised Code is necessary to provide	1471
adequate support for the surviving spouse during ~~his~~the surviving	1472
spouse's life expectancy.	1473

After making its determination under this section, the court	1474
shall record upon its journal the election made for the surviving	1475
spouse. The election, when so entered, shall have the same effect	1476
as an election made by one not under legal disability.	1477

Sec. 2106.11. Subject to the right of the surviving spouse	1478
to elect to receive the decedent's interest in the mansion house	1479
pursuant to section 2106.10 of the Revised Code, the specific	1480
monetary share payable to a surviving spouse under division (B),	1481
(C), or (D) of section 2105.06 of the Revised Code shall be paid	1482
out of the tangible and intangible personal property in the	1483
intestate estate to the extent that the personal property is	1484
available for distribution. The personal property distributed to	1485
the surviving spouse, other than cash, shall be valued at the	1486
appraised value.	1487

Before tangible and intangible personal property is	1488
transferred to the surviving spouse in payment or part payment of	1489
the specific monetary share, the administrator or executor shall	1490
file an application that includes an inventory of the personal	1491
property intended to be distributed in kind to the surviving	1492
spouse, together with a statement of the appraised value of each	1493
item of personal property included. The court shall examine the	1494
application and make a finding of the amount of personal property	1495
to be distributed to the surviving spouse, and shall order that	1496
the personal property be distributed to the surviving spouse. The	1497
court concurrently shall make a finding of the amount of money	1498
that remains due and payable to the surviving spouse in	1499
satisfaction of the specific monetary share to which the surviving	1500
spouse is entitled under division (B), (C), or (D) of section	1501
2105.06 of the Revised Code. Any amount that remains due and	1502
payable shall be a charge on the title to any real property in the	1503
estate but the charge does not bear interest. This charge may be	1504
conveyed or released in the same manner as any other interest in	1505
real ~~estate~~property and may be enforced by foreclosure or any	1506
other appropriate remedy.	1507

Sec. 2107.01. InAs used in Chapters 2101. to 2131. of the	1508
Revised Code~~, "will~~:	1509

(A) "Will" includes codicils to wills admitted to probate,	1510
lost, spoliated, or destroyed wills, and instruments admitted to	1511
probate under section 2107.081 of the Revised Code, but "will"	1512
does not include inter vivos trusts or other instruments that have	1513
not been admitted to probate.	1514

(B) "Testator" means any person who makes a will.

1515

Sec. 2107.02. A person ~~of the age of~~who is eighteen years,	1516
of age or ~~over~~older, of sound mind and memory, and not under	1517
restraint may make a will.	1518

Sec. 2107.03. Except oral wills, every ~~last~~ will ~~and~~	1519
~~testament~~ shall be in writing, but may be handwritten or	1520
typewritten. The will shall be signed at the end by the testator	1521
~~making it~~ or by some other person in the testator's conscious	1522
presence and at the testator's express direction~~, and~~. The will	1523
shall be attested and subscribed in the conscious presence of the	1524
testator, by two or more competent witnesses, who saw the testator	1525
subscribe, or heard the testator acknowledge the testator's	1526
signature.	1527

For purposes of this section, "conscious presence" means	1528
within the range of any of the testator's senses, excluding the	1529
sense of sight or sound that is sensed by telephonic, electronic,	1530
or other distant communication.	1531

Sec. 2107.04. No agreement to make a will or to make a	1532
devise or bequest by will shall be enforceable unless it is in	1533
writing. ~~Such~~The agreement ~~must~~shall be signed by the maker or	1534
by some other person at ~~such~~the maker's express direction. If	1535
signed by a person other than ~~such~~the maker, the instrument ~~must~~	1536
shall be subscribed by two or more competent witnesses who heard	1537
~~such~~the maker acknowledge that it was signed at ~~his~~the maker's	1538
direction.	1539

Sec. 2107.05. An existing document, book, record, or	1540
memorandum may be incorporated in a will by reference, if referred	1541
to as being in existence at the time the will is executed. ~~Such~~	1542
That document, book, record, or memorandum shall be deposited in	1543
the probate court when the will is probated or within thirty days	1544
~~thereafter~~after the will is probated, unless the court grants an	1545
extension of time for good cause shown. A copy may be substituted	1546
for the original document, book, record, or memorandum if ~~such~~the	1547
copy is certified to be correct by a person authorized to take	1548
acknowledgments ~~on deeds~~.	1549

Sec. 2107.07. A will may be deposited by the ~~maker~~testator,	1550
or by some person for the ~~maker~~testator, in the office of the	1551
judge of the probate court in the county in which the testator	1552
lives. ~~Such~~That will shall be safely kept until delivered or	1553
disposed of as provided by section 2107.08 of the Revised Code.	1554
The judge, on being paid the fee of ~~one dollar~~five dollars, shall	1555
receive, keep, and give a certificate of deposit for ~~such~~the	1556
will.	1557

Every will ~~which~~that is ~~to be~~so deposited shall be enclosed	1558
in a sealed ~~wrapper, which~~envelope that shall be indorsed with	1559
the name of the testator. The judge shall indorse ~~thereon~~on the	1560
envelope the date of delivery and the person by whom ~~such~~the will	1561
was delivered. The ~~wrapper~~envelope may be indorsed with the name	1562
of a person to whom it is to be delivered after the death of the	1563
testator. ~~Such~~The will shall not be opened or read until	1564
delivered to a person entitled to receive it, until the ~~maker~~	1565
~~petitions~~testator files a complaint in the probate court for a	1566
declaratory judgment of the validity of the will pursuant to	1567
section 2107.081 of the Revised Code, or until otherwise disposed	1568
of as provided in section 2107.08 of the Revised Code.	1569

Sec. 2107.08. During the lifetime of a testator, the	1570
testator's will, deposited according to section 2107.07 of the	1571
Revised Code, shall be delivered only to ~~him~~the testator, to some	1572
person authorized by ~~him~~the testator by a written order, or to a	1573
probate court for a determination of its validity when the	1574
testator so requests. After the testator's death, the will shall	1575
be delivered to the person named in the indorsement on the ~~wrapper~~	1576
envelope of the will, if there is a person named who demands it.	1577
If the testator has ~~petitioned~~filed a complaint in the probate	1578
court for a judgment declaring the validity of the will pursuant	1579
to section 2107.081 of the Revised Code and the court has rendered	1580
the judgment, the probate judge with possession shall deliver the	1581
will to the proper probate court as determined under section	1582
2107.11 of the Revised Code, upon the death of the testator, for	1583
probate.	1584

If no person named in the indorsement demands the will and it	1585
is not one that has been declared valid pursuant to section	1586
2107.084 of the Revised Code, it shall be publicly opened in the	1587
probate court within ~~two months~~one month after notice of the	1588
testator's death and retained in the office of the probate judge	1589
until offered for probate. If the jurisdiction belongs to any	1590
other probate court, the will shall be delivered to the person	1591
entitled to its custody, to be presented for probate in the other	1592
court. If the probate judge who opens the will has jurisdiction of	1593
it, hethe probate judge immediately shall give notice of its	1594
existence to the executor named in the will or, if any, to the	1595
persons holding a power to nominate an executor as described in	1596
section 2107.65 of the Revised Code, or, if it is the case, to the	1597
executor named in the will and to the persons holding a power to	1598
nominate a coexecutor as described in that section. If no executor	1599
is named and no persons hold a power to nominate an executor as	1600
described in that section, the probate judge shall give notice to	1601
other persons immediately interested.	1602

Sec. 2107.081. (A) A person who executes a will allegedly in	1603
conformity with the laws of this state may ~~petition~~file a	1604
complaint in the probate court of the county in which hethe	1605
person is domiciled, if hethe person is domiciled in this state,	1606
or in the probate court of the county in which any of ~~his~~the	1607
person's real property is located, if hethe person is not	1608
domiciled in this state, for a judgment declaring the validity of	1609
the will.	1610

The ~~petition~~complaint may be filed in the form determined by	1611
the probate court of the county in which it is filed.	1612

The ~~petition~~complaint shall name as parties defendant all	1613
persons named in the will as beneficiaries, and all of the persons	1614
who would be entitled to inherit from the testator under Chapter	1615
2105. of the Revised Code had the testator died intestate on the	1616
date the ~~petition~~complaint was filed.	1617

For the purposes of this section, "domicile" shall be	1618
determined at the time of filing the ~~petition~~complaint with the	1619
probate court.	1620

(B) The failure of a testator to file a ~~petition~~complaint	1621
for a judgment declaring the validity of a will hethe testator	1622
has executed shall not be construed as evidence or an admission	1623
that the will was not properly executed pursuant to section	1624
2107.03 of the Revised Code or any prior law of this state in	1625
effect at the time of execution or as evidence or an admission	1626
that the testator did not have the requisite testamentary capacity	1627
~~and freedom from undue influence under section 2107.02 of the~~	1628
~~Revised Code~~or was under any restraint.	1629

Sec. 2107.082. Service of process in an action authorized by	1630
section 2107.081 of the Revised Code shall be made on every party	1631
defendant named in ~~that action~~the complaint filed under that	1632
section by the following methods:	1633

(A) By certified mail, or any other valid personal service	1634
permitted by the Rules of Civil Procedure, if the party is an	1635
inhabitant of this state or is found within this state;	1636

(B) By certified mail, with a copy of the summons and	1637
~~petition~~complaint, to the party at ~~his~~the party's last known	1638
address or any other valid personal service permitted by the Rules	1639
of Civil Procedure, if the party is not an inhabitant of this	1640
state or is not found within this state;	1641

(C) By publication, according to Civil Rule 4.4, in a	1642
newspaper of general circulation published in the county where the	1643
~~petition~~complaint was filed, for three consecutive weeks, if the	1644
address of the party is unknown, if all methods of personal	1645
service permitted under division (B) of this section were	1646
attempted without success, or if the interest of the party under	1647
the will or in the estate of the testator should the will be	1648
declared invalid is unascertainable at that time.	1649

Sec. 2107.083. When a ~~petition~~complaint is filed pursuant	1650
to section 2107.081 of the Revised Code, the probate court shall	1651
conduct a hearing on the validity of the will. The hearing shall	1652
be adversary in nature and shall be conducted pursuant to section	1653
2721.10 of the Revised Code, except as otherwise provided in	1654
sections 2107.081 to 2107.085 of the Revised Code.	1655

Sec. 2107.084. (A) The probate court shall declare the will	1656
valid if, after conducting a proper hearing pursuant to section	1657
2107.083 of the Revised Code, it finds that the will was properly	1658
executed pursuant to section 2107.03 of the Revised Code or under	1659
any prior law of this state that was in effect at the time of	1660
execution and that the testator had the requisite testamentary	1661
capacity and ~~freedom from undue influence pursuant to section~~	1662
~~2107.02 of the Revised Code~~was not under any restraint.	1663

Any ~~such~~ judgment under this section declaring a will valid	1664
is binding in this state as to the validity of the will on all	1665
facts found, unless provided otherwise in this section, section	1666
2107.33 of the Revised Code, or division (B) of section 2107.71 of	1667
the Revised Code, and, if the will remains valid, shall give the	1668
will full legal effect as the instrument of disposition of the	1669
testator's estate, unless the will has been modified or revoked	1670
according to law.	1671

(B) Any declaration of validity issued as a judgment pursuant	1672
to this section shall be sealed in an envelope along with the will	1673
to which it pertains, and filed by the probate judge or ~~his~~	1674
~~designated officer~~the probate judge's designee in the offices of	1675
that probate court. The filed will shall be available during the	1676
testator's lifetime only to the testator. If the testator removes	1677
a filed will from the possession of the probate judge, the	1678
declaration of validity rendered under division (A) of this	1679
section no longer has any effect.	1680

(C) A testator may revoke or modify a will declared valid and	1681
filed with a probate court pursuant to this section by ~~petitioning~~	1682
filing a complaint in the probate court in possession of the will	1683
and asking that the will be revoked or modified. The ~~petition~~	1684
complaint shall include a document executed pursuant to sections	1685
2107.02 and 2107.03 of the Revised Code, and shall name as parties	1686
defendant those persons who were parties defendant in any previous	1687
action declaring the will valid, those persons who are named in	1688
any modification as beneficiaries, and those persons who would be	1689
entitled because of the revocation or modification, to inherit	1690
from the testator under Chapter 2105. of the Revised Code had the	1691
testator died intestate on the date the ~~petition~~complaint was	1692
filed. Service of the ~~petition~~complaint and process shall be made	1693
on these parties by the methods authorized in section 2107.082 of	1694
the Revised Code.	1695

Unless waived by all parties, the court shall conduct a	1696
hearing on the validity of the revocation or modification	1697
requested under this division in the same manner as it would on	1698
any initial ~~petition~~complaint for a judgment declaring a will to	1699
be valid under this section. If the court finds that the	1700
revocation or modification is valid~~, as defined~~under the	1701
procedure described in division (A) of this section, the	1702
revocation or modification shall take full effect and be binding,	1703
and shall revoke the will or modify it to the extent of the valid	1704
modification. The revocation or modification, the judgment	1705
declaring it valid, and the will itself shall be sealed in an	1706
envelope and filed with the probate court, and shall be available	1707
during the testator's lifetime only to the testator.	1708

(D) A ~~testator may also modify a~~ will ~~by any later will or~~	1709
that has been declared valid under division (A) of this section	1710
and is in the possession of the probate judge may be modified by	1711
codicil ~~executed according to the laws of this state or any other~~	1712
~~state and~~if the codicil is declared valid by the same procedure	1713
as the will. A testator may revoke a will by any method permitted	1714
under section 2107.33 of the Revised Code.	1715

(E) A declaration of validity of a will, orof a codicil to a	1716
will previously declared valid, or of a revocation or modification	1717
of a will previously determined to be valid,that is given under	1718
division (A) or (C) of this section, whichever is applicable, is	1719
not subject to collateral attack, except by a person and in the	1720
manner specified in division (B) of section 2107.71 of the Revised	1721
Code, but is appealable subject to the terms of Chapter 2721. of	1722
the Revised Code.	1723

Sec. 2107.085. The finding of facts by a probate court in a	1724
proceeding brought under sections 2107.081 to 2107.085 of the	1725
Revised Code is not admissible as evidence in any proceeding other	1726
than one brought to determine the validity of a will.	1727

The determination or judgment rendered in a proceeding under	1728
~~these~~those sections is not binding upon the parties to ~~such a~~	1729
that proceeding in any action not brought to determine the	1730
validity of a will.	1731

The failure of a testator to file a ~~petition~~complaint for a	1732
judgment declaring the validity of a will hethe testator has	1733
executed is not admissible as evidence in any proceeding to	1734
determine the validity of that will or any other will executed by	1735
the testator.	1736

Sec. 2107.09. (A) If real ~~or personal estate~~property is	1737
devised or personal property is bequeathed by a ~~last~~ will, the	1738
executor, or any interested person, may cause ~~such~~the will to be	1739
brought before the probate court of the county in which the	1740
decedent was domiciled. By ~~citation, attachment, or warrant or, if~~	1741
~~circumstances require it, by warrant or attachment in the first~~	1742
~~instance~~judicial order, ~~such~~the court may compel the person	1743
having the custody or control of ~~such~~the will to produce it	1744
before the court for the purpose of being proved.	1745

If the person having the custody or control of the will	1746
intentionally conceals or withholds it or neglects or refuses to	1747
produce it for probate without reasonable cause, hethe person may	1748
be committed to the county jail and kept in ~~close~~ custody until he	1749
~~produces~~ the will is produced. ~~This~~The person also shall be	1750
liable to any party aggrieved for the damages sustained by ~~such~~	1751
that neglect or refusal.	1752

Any ~~citation, attachment, or warrant~~judicial order issued	1753
pursuant to this section may be issued into any county in the	1754
state and shall be served and returned by the officer to whom it	1755
is delivered.	1756

The officer to whom ~~such~~the process is delivered shall be	1757
liable for neglect in its service or return in ~~like~~the same	1758
manner as sheriffs are liable for neglect in not serving or	1759
returning a capias issued upon an indictment.	1760

(B) In the case of a will that has been declared valid	1761
pursuant to section 2107.084 of the Revised Code, the probate	1762
judge who made the declaration or who has possession of the will	1763
shall cause the will and the judgment declaring validity to be	1764
brought before the proper probate court as determined by section	1765
2107.11 of the Revised Code at a time after the death of the	1766
testator. If the death of the testator is brought to the attention	1767
of the probate judge by an interested party, the judge shall cause	1768
the will to be brought before the proper probate court at that	1769
time.	1770

Sec. 2107.10. (A) No property or right, testate or	1771
intestate, shall pass to a beneficiary named in a will who knows	1772
of the existence of the will for ~~three years~~one year after the	1773
death of the testator and has the power to control it, and,	1774
without reasonable cause, intentionally conceals or withholds it	1775
or neglects or refuses within ~~the three years~~that one year to	1776
cause it to be offered for or admitted to probate. The ~~estate~~	1777
property devised or bequeathed to ~~such devisee~~that beneficiary	1778
shall descend to the heirs of the testator, not including any heir	1779
who has concealed or withheld the will.	1780

(B) No property or right, testate or intestate, passes to a	1781
beneficiary named in a will when the will was declared valid and	1782
filed with a probate judge pursuant to section 2107.084 of the	1783
Revised Code, the declaration and filing took place in a county	1784
different from the county in which the will of the testator would	1785
be probated under section 2107.11 of the Revised Code, and the	1786
named beneficiary knew of the declaration and filing and of the	1787
death of the testator and did not notify the probate judge with	1788
whom the will was filed. This division does not preclude a named	1789
beneficiary from acquiring property or rights from the estate of	1790
the testator for failing to notify a probate judge if ~~it is his~~	1791
~~reasonable belief~~the named beneficiary reasonably believes that	1792
the judge has previously been notified of the testator's death.	1793

Sec. 2107.11. (A) A will shall be admitted to probate:

1794

~~(A)~~(1) In the county in this state in which the testator was	1795
domiciled ~~if,~~ at the time of ~~his~~the testator's death~~, he was~~	1796
~~domiciled in this state~~;	1797

~~(B)~~(2) In any county of this state where any real property or	1798
personal property of ~~such~~the testator is located if, at the time	1799
of ~~his~~the testator's death, hethe testator was not domiciled in	1800
this state, and provided that ~~such~~the will has not previously	1801
been admitted to probate in this state or in the state of ~~such~~the	1802
testator's domicile;	1803

~~(C)~~(3) In the county of this state in which a probate court	1804
rendered a judgment declaring that the will was valid and ~~where~~in	1805
which the will was filed with the probate court.	1806

(B) For the purpose of division (A)(2) of this section,	1807
intangible personal property is located in the place where the	1808
instrument evidencing a debt, obligation, stock, or chose in	1809
action is located or if there is no ~~such~~ instrument of that nature	1810
where the debtor resides.	1811

Sec. 2107.15. If a devise or bequest is made to a person who	1812
is one of only two witnesses to a will, the devise or bequest is	1813
void. The witness shall then be competent to testify to the	1814
execution of the will, as if the devise or bequest had not been	1815
made. If the witness would have been entitled to a share of the	1816
testator's estate in case the will was not established, hethe	1817
witness takes so much of that share that does not exceed the	1818
bequest or devise to ~~him~~the witness. The devisees and legatees	1819
shall contribute for that purpose as for an absent or afterborn	1820
child under section 2107.34 of the Revised Code.	1821

Sec. 2107.17. When a witness to a will, or other witness	1822
competent to testify at a probate or declaratory judgment	1823
proceeding, resides out of its jurisdiction, or resides within it	1824
but is infirm and unable to attend court, the probate court may	1825
issue a commission with the will annexed directed to any suitable	1826
person. In lieu of the original will, the probate court, in its	1827
discretion, may annex to the commission a photocopy of the will or	1828
a copy of the will made by ~~photostatic or~~ any similar process. The	1829
person to whom the commission is directed shall take the	1830
deposition or authorize the taking of the deposition of the	1831
witness as provided by the Rules of Civil Procedure. The	1832
testimony, certified and returned, shall be admissible and have	1833
the same effect in the proceedings as if taken in open court.	1834

Sec. 2107.18. The probate court shall admit a will to	1835
probate if it appears from the face of the will, or if the probate	1836
court requires, in its discretion, the testimony of the witnesses	1837
to a will and it appears from that testimony, that the execution	1838
of the will complies with the law in force at the time of the	1839
execution of the will in the jurisdiction in which it was	1840
executed, or with the law in force in this state at the time of	1841
the death of the testator, or with the law in force in the	1842
jurisdiction in which the testator was domiciled at the time of	1843
~~his~~the testator's death.	1844

The probate court shall admit a will to probate when there	1845
has been a prior judgment by a probate court declaring that the	1846
will is valid, rendered pursuant to section 2107.084 of the	1847
Revised Code, if the will has not been removed from the possession	1848
of the probate judge and has not been modified or revoked under	1849
division (C) or (D) of section 2107.084 of the Revised Code.	1850

Sec. 2107.20. When admitted to probate every will shall be	1851
filed in the office of the probate judge and recorded, together	1852
with any testimony or prior judgment of a probate court declaring	1853
the will valid, by ~~him~~the judge or the clerk of the probate court	1854
in a book to be kept for that purpose.	1855

A copy of ~~such~~the recorded will, with a copy of the order of	1856
probate annexed ~~thereto~~to the copy of the recorded will,	1857
certified by the judge under seal of ~~his~~the judge's court, shall	1858
be as effectual in all cases as the original would be, if	1859
established by proof.	1860

Sec. 2107.21. If real ~~estate~~property devised by will is	1861
situated in any county other than that in which the will is	1862
proved, declared valid, or admitted to probate, an authenticated	1863
copy of the will and the order of probate or the judgment	1864
declaring validity shall be admitted to the record in the office	1865
of the probate judge of each county in which ~~such~~the real ~~estate~~	1866
property is situated upon the order of ~~such~~that judge. The	1867
authenticated copy shall have the same validity ~~therein~~in the	1868
county in which the real property is situated as if probate had	1869
been had in ~~such~~that county.	1870

Sec. 2107.22. (A)(1)(a) When a will has been admitted to	1871
probate by a probate court and another will of later date is	1872
presented to the same court for probate, notice of the will of	1873
later date shall be given to those persons required to be notified	1874
under section 2107.19 of the Revised Code, and to the fiduciaries	1875
and beneficiaries under the will of earlier date. The probate	1876
court may admit the will of later date to probate the same as if	1877
no earlier will had been so admitted if it appears from the face	1878
of the will of later date, or if an interested person makes a	1879
demand as described in division (A)(1)(b) of this section and it	1880
appears from the testimony of the witnesses to the will given in	1881
accordance with that division, that the execution of the will	1882
complies with the law in force at the time of the execution of the	1883
will in the jurisdiction in which it was executed, or with the law	1884
in force in this state at the time of the death of the testator,	1885
or with the law in force in the jurisdiction in which the testator	1886
was domiciled at the time of ~~his~~the testator's death.	1887

(b) Upon the demand of a person interested in having a will	1888
of later date admitted to probate, the probate court shall cause	1889
at least two of the witnesses to the will of later date, and any	1890
other witnesses that the interested person desires to have appear,	1891
to come before the probate court and provide testimony. If the	1892
interested person so requests, the probate court shall issue a	1893
subpoena to compel the presence of any such witness before the	1894
probate court to provide testimony.	1895

Witnesses before the probate court pursuant to this division	1896
shall be examined, and may be cross-examined, in open court, and	1897
their testimony shall be reduced to writing and then filed in the	1898
records of the probate court pertaining to the testator's estate.	1899

(2) When an authenticated copy of a will has been admitted to	1900
record by a probate court, and an authenticated copy of a will of	1901
later date that was executed and proved as required by law, is	1902
presented to the same court for record, it shall be admitted to	1903
record in the same manner as if no authenticated copy of the will	1904
of earlier date had been so admitted.	1905

(3) If a probate court admits a will of later date to	1906
probate, or an authenticated copy of a will of later date to	1907
record, its order shall operate as a revocation of the order	1908
admitting the will of earlier date to probate, or shall operate as	1909
a revocation of the order admitting the authenticated copy of the	1910
will of earlier date to record. The probate court shall enter on	1911
the record of the earlier will a marginal note "later will	1912
admitted to probate ..." (giving the date admitted).	1913

(B) When a will that has been declared valid pursuant to	1914
section 2107.084 of the Revised Code has been admitted to probate	1915
by a probate court, and an authenticated copy of another will of	1916
later date that was executed and proved as required by law is	1917
presented to the same court for record, the will of later date	1918
shall be admitted the same as if no other will had been admitted	1919
and the proceedings shall continue as provided in this section.	1920

Sec. 2107.29. When the record of a will is destroyed, a copy	1921
of ~~such~~the will or a copy of ~~such~~the will and its probate may be	1922
recorded by the probate court if it appears to the court's	1923
satisfaction that ~~such~~the record has been destroyed and if it	1924
appears, by reason of a certificate signed and sealed by the	1925
probate judge, ~~or by the clerk of the court of common pleas,~~ that	1926
~~such~~the copy is a true copy of the original will or a true copy	1927
of the original will and its probate.	1928

Sec. 2107.32. Every probate judge who admits a will or copy	1929
of a will to record under sections 2107.29 to 2107.31~~, inclusive,~~	1930
of the Revised Code,shall immediately ~~thereafter shall~~after	1931
admitting the will or copy to record give notice for three	1932
consecutive weeks in two weekly newspapers of ~~his~~the probate	1933
judge's county if two are published ~~therein~~in the county, or if	1934
not, in one newspaper of general circulation in the county,	1935
stating the name of the person the record of whose will has been	1936
destroyed and the day when ~~such~~the record was supplied under	1937
those sections. All persons interested in the record, at any time	1938
within five years from the making of ~~such~~the record, may come	1939
into the probate court and contest the question whether the record	1940
~~thus~~that was supplied is the same as the destroyed record	1941
~~destroyed~~.	1942

Sec. 2107.34. If, after making a ~~last~~ will ~~and testament~~, a	1943
testator has a child born alive, or adopts a child, or designates	1944
an heir in the manner provided by section 2105.15 of the Revised	1945
Code, or if a child or designated heir who is absent and reported	1946
to be dead proves to be alive, and no provision has been made in	1947
~~such~~the will or by settlement for ~~such~~the pretermitted child or	1948
heir, or for ~~the~~that child's or heir's issue ~~thereof~~, the will	1949
shall not be revoked~~; but unless~~. Unless it appears by ~~such~~the	1950
will that it was the intention of the testator to disinherit ~~such~~	1951
the pretermitted child or heir, the devises and legacies granted	1952
by ~~such~~the will, except those to a surviving spouse, shall be	1953
abated proportionately, or in ~~such~~any other manner asthat is	1954
necessary to give effect to the intention of the testator as shown	1955
by the will, so that ~~such~~the pretermitted child or heir will	1956
receive a share equal to that which ~~such~~the person would have	1957
been entitled to receive out of the estate if ~~such~~the testator	1958
had died intestate with no surviving spouse, owning only that	1959
portion of the testator's estate not devised or bequeathed to or	1960
for the use and benefit of a surviving spouse. If ~~such~~the	1961
pretermitted child or heir dies prior to the death of the	1962
testator, the issue of ~~such~~the deceased child or heir shall	1963
receive the share the parent would have received if living.	1964

If ~~such~~the pretermitted child or heir supposed to be dead at	1965
the time of executing the will has lineal descendants, provision	1966
for whom is made by the testator, the other legatees and devisees	1967
need not contribute, but ~~such~~the pretermitted child or heir shall	1968
take the provision made for the pretermitted child's or heir's	1969
lineal descendants or ~~such~~that part of it as, in the opinion of	1970
the probate judge, may be equitable. In settling the claim of a	1971
pretermitted child or heir, any portion of the testator's estate	1972
received by a party interested, by way of advancement, is a	1973
portion of the estate and shall be charged to the party who has	1974
received it.	1975

Though measured by Chapter 2105. of the Revised Code, the	1976
share taken by a pretermitted child or heir shall be considered as	1977
a testate succession. This section does not prejudice the right of	1978
any fiduciary to act under any power given by the will, nor shall	1979
the title of innocent purchasers for value of any of the property	1980
of the testator's estate be affected by any right given by this	1981
section to a pretermitted child or heir.	1982

Sec. 2107.35. An encumbrance upon real or personal ~~estate~~	1983
property for the purpose of securing the payment of money or the	1984
performance of a covenant shall not revoke a ~~will~~ previously	1985
executed ~~and~~will relating to ~~such estate~~that property.	1986

Sec. 2107.36. An act of a testator ~~which~~that alters but	1987
does not wholly divest ~~such~~the testator's interest in property	1988
previously devised or bequeathed by ~~him~~the testator does not	1989
revoke the devise or bequest of ~~such~~the property~~, but such~~. The	1990
devise or bequest shall pass to the devisee or legatee the actual	1991
interest of the testator~~, which~~that would otherwise descend to	1992
~~his~~the testator's heirs or pass to ~~his~~the testator's next of	1993
kin;, unless~~, in~~ the instrument by which ~~such~~the alteration is	1994
made,declares the testator's intention ~~is declared~~ that it shall	1995
operate as a revocation of ~~such~~the previous devise or bequest.	1996

If the instrument by which ~~such~~the alteration is made is	1997
wholly inconsistent with the previous devise or bequest, ~~such~~the	1998
instrument ~~will~~shall operate as a revocation ~~thereof~~of the	1999
devise or bequest, unless ~~such~~the instrument depends on a	2000
condition or contingency, and ~~such~~the condition is not performed	2001
or ~~such~~the contingency does not happen.	2002

Sec. 2107.38. If a testator executes a second will, the	2003
destruction, cancellation, or revocation of the second will shall	2004
not revive the first will unless the terms of ~~such~~the revocation	2005
show that it was ~~such~~the testator's intention to revive and give	2006
effect to ~~his~~the testator's first will or unless, after ~~such~~the	2007
destruction, cancellation, or revocation of the second will, ~~such~~	2008
the testator republishes ~~his~~the testator's first will.	2009

Sec. 2107.46. Any fiduciary may ~~maintain~~file an action in	2010
the probate court against creditors, legatees, distributees, or	2011
other parties, and ask the direction or judgment of the court in	2012
any matter respecting the trust, estate, or property to be	2013
administered, and the rights of the parties in interest.	2014

If any fiduciary fails for thirty days to ~~bring such~~file an	2015
action under this section after a written request from a party in	2016
interest, the party making the request may ~~institute~~file the ~~suit~~	2017
action.	2018

Sec. 2107.47. (A) The title, estate, or interest of a bona	2019
fide purchaser, lessee, or encumbrancer, for value, in ~~land~~real	2020
property situated in this state, that is derived from an heir of a	2021
decedent and acquired without knowledge of a will of the decedent	2022
that effectively disposes of it to another person, shall not be	2023
defeated by the production of a will of the decedent, unless, in	2024
the case of a resident decedent, the will is offered for probate	2025
within three months after the death of the decedent, or unless, in	2026
the case of a nonresident decedent, the will is offered for record	2027
in this state within three months after the death of the decedent.	2028

(B) The title, estate, or interest of a bona fide purchaser,	2029
lessee, or encumbrancer, for value, in ~~land~~real property situated	2030
in this state, that is derived from a beneficiary under a will of	2031
a decedent and acquired without knowledge of a later will of the	2032
decedent that effectively disposes of it to another person, shall	2033
not be defeated by the production of a later will of the decedent,	2034
unless, in the case of a resident decedent, the later will is	2035
offered for probate within three months after the death of the	2036
decedent, or unless, in the case of a nonresident decedent, the	2037
later will is offered for record in this state within three months	2038
after the death of the decedent.	2039

Sec. 2107.49. When ~~lands, tenements, or hereditaments~~	2040
interests in real property are given by deed or will to a person	2041
for ~~his~~the person's life, and after ~~his~~the person's death to ~~his~~	2042
the person's heirs in fee, the conveyance shall vest an estate for	2043
life only in ~~such~~the first taker and a remainder in fee simple in	2044
~~his~~the heirs of the first taker. If the remainder is given to the	2045
heirs of the body of the life tenant, the conveyance shall vest an	2046
estate for life only in ~~such~~the first taker and a remainder in	2047
fee simple in the heirs of ~~his~~the body of the life tenant. The	2048
rule in Shelley's case is abolished by this section and shall not	2049
be given effect.	2050

Sec. 2107.50. Any estate, right, or interest in any property	2051
of which a decedent ~~was possessed~~had an interest at ~~his decease~~	2052
the time of the decedent's death shall pass under ~~his~~the	2053
decedent's will unless ~~such~~the will manifests a different	2054
intention.	2055

Sec. 2107.501. (A) A specific devisee or legatee has the	2056
right ofto the remaining specifically devised or bequeathed	2057
property, and the following:	2058

(1) Any balance on the purchase price, together with any	2059
security interest owing from a purchaser to the testator at death	2060
by reason of sale of the property;	2061

(2) Any amount of condemnation award unpaid at death for the	2062
taking of the property;	2063

(3) Any proceeds unpaid at death on fire or casualty	2064
insurance on the property;	2065

(4) Property owned by the testator at death as a result of	2066
foreclosure, or obtained in lieu of foreclosure, of the security	2067
for a specifically devised or bequeathed obligation.	2068

(B) If specifically devised or bequeathed property is sold by	2069
a guardian, by an agent acting within the authority of a power of	2070
attorney, or by an agent acting within the authority of a durable	2071
power of attorney, or if a condemnation award or insurance	2072
proceeds are paid to a guardian, to an agent acting within the	2073
authority of a power of attorney, or to an agent acting within the	2074
authority of a durable power of attorney as a result of	2075
condemnation, fire, or casualty to the property, the specific	2076
devisee or legatee has the right to a general pecuniary devise or	2077
bequest equal to the net proceeds of sale, the condemnation award,	2078
or the insurance proceeds, and ~~such a~~that devise or bequest shall	2079
be treated as property subject to section 2107.54 of the Revised	2080
Code. This section does not apply if subsequent to the sale,	2081
condemnation, fire, or casualty, it is adjudicated that the	2082
disability of the testator has ceased and the testator survives	2083
the adjudication by one year. The right of the specific devisee or	2084
legatee is reduced by any right ~~the specific devisee or legatee~~	2085
~~has~~acquired under division (A) of this section.	2086

Sec. 2107.51. Every devise of ~~lands, tenements, or~~	2087
~~hereditaments~~an interest in real property in a will shall convey	2088
all the estate of the devisor ~~therein~~in the property, unless it	2089
clearly appears by the will that the devisor intended to convey a	2090
less estate.	2091

Sec. 2107.52. (A) As used in this section, "relative" means	2092
an individual who is related to a testator by consanguinity and an	2093
heir at law designated pursuant to section 2105.15 of the Revised	2094
Code.	2095

(B) Unless a contrary intention is manifested in the will, if	2096
a devise of real property or a bequest of personal property is	2097
made to a relative of a testator and the relative was dead at the	2098
time the will was made or dies after that time, leaving issue	2099
surviving the testator, those issue shall take by representation	2100
the devised or bequeathed property as the devisee or legatee would	2101
have done if hethe devisee or legatee had survived the testator.	2102
If the testator devised or bequeathed a residuary estate or the	2103
entire estate after debts, other general or specific devises and	2104
bequests, or an interest less than a fee or absolute ownership to	2105
that devisee or legatee and relatives of the testator and if that	2106
devisee or legatee leaves no issue, the estate devised or	2107
bequeathed shall vest in the other devisees or legatees surviving	2108
the testator in ~~such~~the proportions asthat the testamentary	2109
share of each devisee or legatee in the devised or bequeathed	2110
property bears to the total of the shares of all of the surviving	2111
devisees or legatees, unless a different disposition is made or	2112
required by the will.	2113

Sec. 2107.53. When part of the real ~~estate~~property of a	2114
testator descends to ~~his~~the testator's heirs because it was not	2115
disposed of by ~~his~~the testator's will, and ~~his~~the testator's	2116
personal ~~estate~~property is insufficient to pay ~~his~~the testator's	2117
debts, the undevised real ~~estate~~property shall be chargeable	2118
first with the debts, as far as it will go, in exoneration of the	2119
real ~~estate~~property that is devised, unless it appears from the	2120
will that a different arrangement of assets was made for the	2121
payment of ~~such~~the testator's debts, in which case ~~such~~the	2122
assets shall be applied for that purpose in conformity with the	2123
will.	2124

Sec. 2107.54. (A) When real or personal property, devised or	2125
bequeathed, is taken from the devisee or legatee for the payment	2126
of a debt of the testator, the other devisees and legatees shall	2127
contribute their respective proportions of the loss to the person	2128
from whom ~~such~~the payment was taken so that the loss will fall	2129
equally on all the devisees and legatees according to the value of	2130
the property received by each of them.	2131

If, by making a specific devise or bequest, the testator has	2132
exempted a devisee or legatee from liability to contribute to the	2133
payment of debts, or if the will makes a different provision for	2134
the payment of debts than the one prescribed in this section, the	2135
estate shall be applied in conformity with the will.	2136

(B) A devisee or legatee shall not be prejudiced by the fact	2137
that the holder of a claim secured by lien on the property devised	2138
or bequeathed failed to present ~~such~~the claim to the executor or	2139
administrator for allowance within the time allowed by sections	2140
2117.06 and 2117.07 of the Revised Code, and the devisee or	2141
legatee shall be restored by right of contribution, exoneration,	2142
or subrogation, to the position hethe devisee or legatee would	2143
have occupied if ~~such~~the claim had been presented and allowed for	2144
~~such~~the sum asthat is justly owing on it.	2145

(C) A devisee of real ~~estate~~property that is subject to a	2146
mortgage lien that exists on the date of the testator's death, who	2147
does not have a right of exoneration that extends to that lien	2148
because of the operation of division (B) of section 2113.52 of the	2149
Revised Code, has a duty to contribute under this section to	2150
devisees and legatees who are burdened if the claim secured by the	2151
lien is presented and allowed pursuant to Chapter 2117. of the	2152
Revised Code.	2153

(D) This section does not affect the liability of the whole	2154
estate of the testator for the payment of ~~his~~the testator's	2155
debts. This section applies only to the marshaling of the assets	2156
as between those who hold or claim under the will.	2157

Sec. 2107.55. When a part of the estate of a testator	2158
descends to a child born or adopted, or to an heir designated,	2159
after the execution of the will, or to a child absent and reported	2160
to be dead at the time of execution of the will but later found to	2161
be alive, or to a witness to a will who is a devisee or legatee,	2162
~~such~~the estate and the advancement made to ~~such~~the child, heir,	2163
or witness for all the purposes mentioned in section 2107.54 of	2164
the Revised Code shall be considered as if it had been devised to	2165
~~such~~that child, heir, or witness and hethe child, heir, or	2166
witness shall be bound to contribute with the devisees and	2167
legatees, as provided by ~~such~~that section, and may claim	2168
contribution from them accordingly.	2169

Sec. 2107.56. When any of the persons liable to contribute	2170
toward the discharge of a testator's debt according to sections	2171
2107.54 and 2107.55 of the Revised Code, is insolvent, the others	2172
shall be severally liable to each other for the loss occasioned by	2173
~~such~~the insolvency, each being liable in proportion to the value	2174
of the property received by ~~him~~the person from the estate of the	2175
deceased. If any one of the persons liable dies without paying ~~his~~	2176
the person's proportion of ~~such~~the debt, ~~his~~the executors and	2177
administrators of the person's estate shall be liable ~~therefor~~for	2178
that proportion to the extent to which hethe person would have	2179
been liable if living.	2180

Sec. 2107.58. When a sale of ~~lands~~real property aliened or	2181
unaliened by a devisee or heir is ordered for the payment of the	2182
debts of an estate, sections 2107.53 to 2107.57~~, inclusive,~~ of the	2183
Revised Code do not prevent the probate court from making ~~such~~an	2184
order and decree for the sale of any portion of the aliened or	2185
unaliened ~~land as~~real property that is equitable ~~between~~among	2186
the ~~several~~ parties, and making an order of contribution and	2187
further order and decree to settle and adjust the various rights	2188
and liabilities of the parties.	2189

Sec. 2107.59. When a ~~last~~ will ~~and testament~~ is admitted to	2190
probate, or a will made out of this state is admitted to record as	2191
provided by sections 2129.05 to 2129.07 of the Revised Code, and	2192
~~lands, tenements, or hereditaments~~interests in real property are	2193
given or devised by ~~such~~the will to the executors named in the	2194
will, or nominated pursuant to a power as described in section	2195
2107.65 of the Revised Code, to be sold or conveyed, or ~~such~~	2196
~~estate~~the interests in real property thereby isare ordered to be	2197
sold by ~~such~~the executors and one or more of the executors dies,	2198
refuses to act, or neglects to take upon ~~himself~~self the	2199
execution of the will, then all sales and conveyances of ~~such~~	2200
~~estate~~the interests in real property by the executors who took	2201
upon themselves in this state the execution of the will, or the	2202
survivor of them, shall be as valid as if the remaining executors	2203
had joined in the sale and conveyance. But if none of ~~such~~the	2204
executors take upon themselves the execution of the will, or if	2205
all the executors who take out letters testamentary die, resign,	2206
or are removed before the sale and conveyance of ~~such estate~~the	2207
interests in real property, or die, resign, or are removed after	2208
the sale and before the conveyance is made, the sale or	2209
conveyance, or both, shall be made by the administrator with the	2210
will annexed or, if any, by a successor executor or successor	2211
coexecutor nominated pursuant to a power as described in section	2212
2107.65 of the Revised Code.	2213

Sec. 2107.60. An oral will, made in the last sickness, shall	2214
be valid in respect to personal ~~estate~~property if reduced to	2215
writing and subscribed by two competent disinterested witnesses	2216
within ten days after the speaking of the testamentary words. ~~Such~~	2217
The witnesses ~~must~~shall prove that the testator was of sound mind	2218
and memory, not under restraint, and that hethe testator called	2219
upon some person present at the time the testamentary words were	2220
spoken to bear testimony to ~~such~~the disposition as ~~his~~the	2221
testator's will.	2222

No oral will shall be admitted to record unless it is offered	2223
for probate within ~~six~~three months after the death of the	2224
testator.	2225

Sec. 2107.61. Unless it has been admitted to probate or	2226
record, as provided in sections 2107.01 to 2107.62~~, inclusive, and~~	2227
or 2129.05 to 2129.07~~, inclusive,~~ of the Revised Code, no will is	2228
effectual to ~~pass~~transfer real or personal ~~estate~~property.	2229

Sec. 2107.65. A testator may confer in ~~his~~the testator's	2230
will, upon one or more persons, the power to nominate, in writing,	2231
an executor, coexecutor, successor executor, or successor	2232
coexecutor, and also may provide in ~~his~~the will that the person	2233
or persons so nominated may serve without bond. If a will confers	2234
~~such a~~that power, the holders of it have the authority to	2235
nominate themselves as executor, coexecutor, successor executor,	2236
or successor coexecutor unless the will provides to the contrary.	2237

Sec. 2107.71. (A) A person interested in a will or codicil	2238
admitted to probate in the probate court~~, which will or codicil~~	2239
that has not been declared valid by judgment of a probate court	2240
pursuant to section 2107.084 of the Revised Code, or ~~which will or~~	2241
~~codicil~~that has been declared valid by judgment of a probate	2242
court pursuant to section 2107.084 of the Revised Code, but ~~which~~	2243
has been removed from the possession of the probate judge, may	2244
contest its validity by filing a ~~civil action~~complaint in the	2245
probate court in the county in which ~~such~~the will or codicil was	2246
admitted to probate.	2247

(B) Except as otherwise provided in this division, no person	2248
may contest the validity of any will or codicil as to facts	2249
decided if it was submitted to a probate court by ~~its maker~~the	2250
testator during ~~his~~the testator's lifetime and declared valid by	2251
judgment of the probate court and filed with the judge of the	2252
probate court pursuant to section 2107.084 of the Revised Code and	2253
if the will was not removed from the possession of the probate	2254
judge. A person may contest the validity of ~~such a~~that will,	2255
modification, or codicil as to ~~such~~those facts if the person is	2256
one who should have been named a party defendant in the action in	2257
which the will, modification, or codicil was declared valid,	2258
pursuant to section 2107.081 or 2107.084 of the Revised Code, and	2259
if the person was not named a defendant and properly served in	2260
~~such~~that action. Upon the filing of ~~an action~~a complaint	2261
contesting the validity of a will or codicil that is authorized by	2262
this division, the court shall proceed with the action in the same	2263
manner as if the will, modification, or codicil had not been	2264
previously declared valid under sections 2107.081 to 2107.085 of	2265
the Revised Code.	2266

(C) No person may introduce, as evidence in an action	2267
authorized by this section contesting the validity of a will, the	2268
fact that the testator of the will did not file a ~~petition~~	2269
complaint for a judgment declaring its validity under section	2270
2107.081 of the Revised Code.	2271

Sec. 2107.73. Persons who are necessary parties to a will	2272
contest action are as follows:	2273

(A) Any person designated in a will to receive a testamentary	2274
disposition of real or personal property;	2275

(B) Heirs who would take property pursuant to section 2105.06	2276
of the Revised Code had the testator died intestate;	2277

2278

(D) The attorney general as provided by section 109.25 of the	2279
Revised Code;	2280

(E) Other interested parties.

2281

Sec. 2107.75. When the jury or the court finds that the	2282
writing produced is not the ~~last~~ will ~~and testament~~ or codicil of	2283
the testator, the trial court shall allow as part of the costs of	2284
administration ~~such~~the amounts to the fiduciary and to the	2285
attorneys defending ~~such~~the purported ~~last~~ will or purported	2286
codicil asthat the trial court finds to be reasonable	2287
compensation for the services rendered in ~~such~~the will contest	2288
action. The court shall order ~~such~~the amounts allowed to be paid	2289
out of the estate of the decedent.	2290

Sec. 2108.51. Any licensed physician or surgeon who, in good	2291
faith and acting in reliance upon an instrument of consent for an	2292
autopsy or post-mortem examination executed under section 2108.50	2293
of the Revised Code and without actual knowledge of revocation of	2294
~~such~~that consent, performs an autopsy or post-mortem examination	2295
is not liable in a civil or criminal action brought against ~~him~~	2296
the licensed physician or surgeon for ~~such~~that act.	2297

Sec. 2109.02. Every fiduciary, before entering upon the	2298
execution of a trust, shall receive letters of appointment from a	2299
probate court having jurisdiction of the subject matter of the	2300
trust.	2301

The duties of a fiduciary shall be those required by law, and	2302
such additional duties as the court orders. Letters of appointment	2303
shall not issue until a fiduciary has executed a written	2304
acceptance of the fiduciary's duties, acknowledging that the	2305
fiduciary is subject to removal for failure to perform the	2306
fiduciary's duties, and that the fiduciary is subject to possible	2307
penalties for conversion of property the fiduciary ~~holds~~held as a	2308
fiduciary. The written acceptance may be filed with the	2309
application for appointment.	2310

No act or transaction by a fiduciary is valid prior to the	2311
issuance of letters of appointment to the fiduciary. This section	2312
does not prevent an executor named in a will, an executor	2313
nominated pursuant to a power as described in section 2107.65 of	2314
the Revised Code, or a person with the right of disposition under	2315
section 2108.70 or 2108.81 of the Revised Code from paying funeral	2316
expenses, or prevent necessary acts for the preservation of the	2317
trust estate prior to the issuance of ~~such~~those letters.	2318

Sec. 2109.021. After letters of appointment are issued to a	2319
fiduciary, the court shall accept filings by mail in matters of	2320
estates, guardianships, or trusts, unless the court in writing	2321
notifies the fiduciary or attorney of record that a personal	2322
appearance is necessary, or a personal appearance is otherwise	2323
required by law. AnThe court shall reject an improper or	2324
incomplete filing ~~shall be rejected,~~ and ~~that court~~ shall return	2325
it to the sender~~, and impose a cost of two dollars and fifty cents~~	2326
~~per improper or incomplete filing, chargeable against the estate~~.	2327

Sec. 2109.03. At the time of the appointment of a fiduciary,	2328
~~such~~the fiduciary shall file in the probate court the name of the	2329
attorney, if any, who will represent ~~him~~the fiduciary in matters	2330
relating to the trust. After the name of an attorney has been	2331
filed, notices sent to ~~such~~that fiduciary in ~~his~~the fiduciary's	2332
official capacity shall also be sent by the court to ~~such~~that	2333
attorney who may sign waiver of service of any or all of ~~such~~the	2334
notices upon ~~him~~the attorney. If the fiduciary is absent from the	2335
state, ~~such~~the attorney shall be the agent of the fiduciary upon	2336
whom summonses, citations, and notices may be served. Any summons,	2337
citation, or notice may be served upon the fiduciary by delivering	2338
duplicate copies ~~thereof~~of the summons, citation, or notice to	2339
the attorney designated by ~~him~~the fiduciary. No probate judge	2340
shall permit any person to practice law in the probate court for	2341
compensation, unless hethe person has been admitted to the	2342
practice of law within the state. This section does not prevent	2343
any person from representing ~~his~~the person's own interest in any	2344
estate, matter, action, or proceeding.	2345

Sec. 2109.04. (A)(1) Unless otherwise provided by law,	2346
order, or local rule, every fiduciary, prior to the issuance of	2347
the fiduciary's letters as provided by section 2109.02 of the	2348
Revised Code, shall file in the probate court in which the letters	2349
are to be issued a bond with a penal sum in ~~such~~an amount ~~as may~~	2350
bethat is fixed by the court, but in no event less than double	2351
the probable value of the personal ~~estate~~property and of the	2352
annual real ~~estate~~property rentals ~~which~~that will come into ~~such~~	2353
~~person's hands~~the possession or under the control of the person	2354
as a fiduciary. The bond of a fiduciary shall be in a form	2355
approved by the court and signed by two or more personal sureties	2356
or by one or more corporate sureties approved by the court. It	2357
shall be conditioned that the fiduciary faithfully and honestly	2358
will discharge the duties devolving upon the person as fiduciary,	2359
and shall be conditioned further as may be provided by law.	2360

(2) Except as otherwise provided in this division, if the	2361
instrument creating the trust dispenses with the giving of a bond,	2362
the court shall appoint a fiduciary without bond, unless the court	2363
is of the opinion that the interest of the trust demands it. If	2364
the court is of that opinion, it may require bond to be given in	2365
any amount it fixes. If a parent nominates a guardian for the	2366
parent's child in a will and provides in the will that the	2367
guardian may serve without giving bond, the court may appoint the	2368
guardian without bond or require the guardian to give bond in	2369
accordance with division (A)(1) of this section.	2370

(3) A guardian of the person only does not have to give bond	2371
unless, for good cause shown, the court considers a bond to be	2372
necessary. When a bond is required of a guardian of the person	2373
only, it shall be determined and filed in accordance with division	2374
(A)(1) of this section. This division does not apply to a guardian	2375
of the person only nominated in a parent's will if the will	2376
provides that the guardian may serve without giving bond.	2377

(4) When the probable value of the personal ~~estate~~property	2378
and of the annual real ~~estate~~property rentals that will come into	2379
the ~~guardian's hands~~possession or under the control of the	2380
guardian as a fiduciary is less than ten thousand dollars, the	2381
court may waive or reduce a bond required by division (A)(1) of	2382
this section.	2383

(B) When an executive director who is responsible for the	2384
administration of children services in the county is appointed as	2385
trustee of the estate of a ward pursuant to section 5153.18 of the	2386
Revised Code and has furnished bond under section 5153.13 of the	2387
Revised Code, or when an agency under contract with the department	2388
of developmental disabilities for the provision of protective	2389
service under sections 5123.55 to 5123.59 of the Revised Code is	2390
appointed as trustee of the estate of a ward under ~~such~~ sections	2391
5123.55 to 5123.59 of the Revised Code and any employees of the	2392
agency having custody or control of funds or property of ~~such a~~	2393
that ward have furnished bond under section 5123.59 of the Revised	2394
Code, the court may dispense with the giving of a bond.	2395

(C) When letters are granted without bond, at any later	2396
period on its own motion or upon the application of any party	2397
interested, the court may require bond to be given in ~~such~~an	2398
amount ~~as may be~~that is fixed by the court. On failure to give	2399
~~such~~that bond, the defaulting fiduciary shall be removed.	2400

No instrument authorizing a fiduciary whom it names to serve	2401
without bond shall be construed to relieve a successor fiduciary	2402
from the necessity of giving bond, unless the instrument clearly	2403
evidences ~~such~~that intention.	2404

The court ~~by which~~that appoints a fiduciary ~~is appointed~~ may	2405
reduce the amount of the bond of ~~such~~the fiduciary at any time	2406
for good cause shown.	2407

When two or more persons are appointed as joint fiduciaries,	2408
the court may take a separate bond from each or a joint bond from	2409
all.	2410

Sec. 2109.05. When ~~deemed~~considered necessary by the	2411
probate court and not otherwise directed in the will, a bond, as	2412
provided by sections 2109.01 to 2109.58~~, inclusive,~~ of the Revised	2413
Code, shall be required in all trusts created by will and not	2414
fully discharged, on the petition of an interested person and	2415
after notice to the trustee.	2416

If ~~such a~~the trustee fails to give bond within the time	2417
ordered by the court, ~~he shall be removed~~the court shall remove	2418
the trustee from ~~his~~the trust, or the trustee shall be considered	2419
to have declined it. ~~Another person may be appointed in his stead~~	2420
~~upon giving the required bond.~~	2421

Sec. 2109.06. The probate court ~~by which~~that appoints a	2422
fiduciary ~~is appointed~~ may, on its own motion or on the	2423
application of any interested party, and after notice to the	2424
fiduciary, require a new bond or sureties or an additional bond or	2425
sureties, whenever, in the opinion of ~~such~~the court, the	2426
interests of the trust demand it.	2427

Immediately upon the filing of the inventory by a fiduciary,	2428
the court shall determine whether the amount of the bond of ~~such~~	2429
the fiduciary is sufficient and shall require new or additional	2430
bond if in the opinion of the court the interests of the trust	2431
demand it.	2432

When a new bond is required as provided in this section, the	2433
sureties in the prior bond shall nevertheless be liable for all	2434
breaches of the conditions set forth in ~~such~~the bond ~~which~~that	2435
are committed before the new bond is approved by the court.	2436

AThe court shall remove a fiduciary who fails within the	2437
time fixed by the court to furnish new or additional bond or	2438
sureties ~~shall be removed~~, and ~~some other person appointed in his~~	2439
~~stead, as the circumstances of the case require~~the court shall	2440
appoint a successor fiduciary.	2441

Sec. 2109.07. (A) The bond required of an administrator by	2442
section 2109.04 of the Revised Code shall not be required in	2443
either of the following cases:	2444

(1) It shall not be required of a surviving spouse to	2445
administer the deceased spouse's estate if the surviving spouse is	2446
entitled to the entire net proceeds of the estate.	2447

(2) It shall not be required of an administrator to	2448
administer an estate if there is no will, if the administrator is	2449
the next of kin, and if the administrator is entitled to the	2450
entire net proceeds of the estate.	2451

(B) The bond otherwise required by section 2109.04 of the	2452
Revised Code of an administrator shall be conditioned as follows:	2453

(1) To file with the probate court within the time required	2454
by section 2115.02 of the Revised Code an inventory of all	2455
tangible and intangible personal property of the deceased that is	2456
to be administered and that comes to the administrator's	2457
possession or knowledge and an inventory of the deceased's	2458
interest in real ~~estate~~property located in this state;	2459

(2) To administer and distribute according to law all	2460
tangible and intangible personal property of the deceased, the	2461
proceeds of any action for wrongful death or of any settlement,	2462
with or without suit, of a wrongful death claim, and the proceeds	2463
of all real ~~estate~~property in which the deceased had an interest,	2464
that is located in this state, and that is sold, when the property	2465
or proceeds have come to the possession of the administrator or to	2466
the possession of a person for the administrator;	2467

(3) To render a just and true account of the administrator's	2468
administration at the times required by section 2109.301 of the	2469
Revised Code;	2470

(4) To deliver the letters of administration into court if a	2471
will of the deceased is proved and allowed.	2472

Sec. 2109.09. (A) Unless the testator has specified	2473
otherwise in the will, the bond required of an executor by section	2474
2109.04 of the Revised Code shall not be required of the executor	2475
to administer an estate in accordance with the will of the	2476
testator if the executor is the next of kin and if the executor is	2477
entitled to the entire net proceeds of the estate.	2478

(B) The bond otherwise required of an executor by section	2479
2109.04 of the Revised Code shall be conditioned as follows:	2480

(1) To file with the probate court within the time required	2481
by section 2115.02 of the Revised Code an inventory of all the	2482
tangible and intangible personal property of the testator that is	2483
to be administered and that comes to the executor's possession or	2484
knowledge and an inventory of the testator's interest in real	2485
~~estate~~property located in this state;	2486

(2) To administer and distribute according to law and the	2487
will of the testator all the testator's tangible and intangible	2488
personal property, the proceeds of any action for wrongful death	2489
or of any settlement, with or without suit, of a wrongful death	2490
claim, and the proceeds of all real ~~estate~~property in which the	2491
testator had an interest, that is located in this state, and that	2492
is sold, when the property or proceeds have come to the possession	2493
of the executor or to the possession of another person for the	2494
executor;	2495

(3) To render a just and true account of the executor's	2496
administration at the times required by section 2109.301 of the	2497
Revised Code.	2498

Sec. 2109.10. If an executor or administrator is sole	2499
residuary legatee or distributee and if division (A) of section	2500
2109.07 or division (A) of section 2109.09 of the Revised Code	2501
does not apply, instead of giving the bond prescribed by section	2502
2109.04 of the Revised Code, the executor or administrator may	2503
give a bond to the satisfaction of the probate court conditioned	2504
as follows:	2505

(A) To pay the costs of administration and all the debts and	2506
legacies of the decedent to the extent of the assets of the	2507
estate;	2508

(B) If there is a will, to pay over the testator's estate to	2509
the person entitled to the testator's estate if the will is set	2510
aside;	2511

(C) If there is no will offered at the opening of the estate,	2512
to pay over the testator's estate to the person entitled to the	2513
testator's estate if a will is probated after the administrator's	2514
initial appointment.	2515

The giving of ~~such~~that bond shall not discharge the lien on	2516
the decedent's real ~~estate~~property for the payment of the	2517
decedent's debts, except that part ~~which~~that has been lawfully	2518
sold by the executor or administrator.	2519

Sec. 2109.11. The bond required by section 2109.04 of the	2520
Revised Code of a testamentary trustee shall be conditioned as	2521
follows:	2522

(A) To make and return to the probate court within the time	2523
required by section 2109.58 of the Revised Code a true inventory	2524
of all moneys, ~~chattels,~~ rights, credits, other personal property,	2525
and real ~~estate~~property belonging to the trust that come to the	2526
trustee's possession or knowledge;	2527

(B) To administer and distribute according to law and the	2528
will of the testator all moneys, ~~chattels,~~ rights, credits, other	2529
personal property and real ~~estate~~property belonging to the trust	2530
that come to the possession of the trustee or to the possession of	2531
any other person for the trustee;	2532

(C) To render a just and true account of the trustee's	2533
administration at the times required by section 2109.303 of the	2534
Revised Code.	2535

Sec. 2109.12. Any bond required by or pursuant to section	2536
2109.04 of the Revised Code of a guardian shall be conditioned as	2537
follows:	2538

(A) If applicable, to make and return to the probate court	2539
within the time required by section 2111.14 of the Revised Code a	2540
true inventory of all moneys, ~~chattels,~~ rights, credits, other	2541
personal property, and real ~~estate~~property belonging to the ward	2542
that come to the guardian's possession or knowledge;	2543

(B) To administer and distribute according to law all moneys,	2544
~~chattels,~~ rights, credits, other personal property, and real	2545
~~estate~~property belonging to the ward that come to the possession	2546
of the guardian or to the possession of any other person for the	2547
guardian;	2548

(C) To render a just and true account of the guardian's	2549
administration at any times required by or pursuant to section	2550
2109.302 of the Revised Code.	2551

Sec. 2109.14. If the estate held by a fiduciary consists in	2552
whole or in part of works of nature or of art ~~which~~that are	2553
suitable for preservation and exhibition in a museum or other	2554
similar institution, the probate court may authorize and direct	2555
that any or all of ~~such~~those works be deposited with a	2556
corporation conducting ~~such a~~the museum or other similar	2557
institution; provided that no such deposit shall be authorized or	2558
directed except with a corporation having a net worth of at least	2559
ten times the value of the works to be deposited. ~~Such~~The deposit	2560
shall be made in the name of the fiduciary, and the property	2561
deposited shall not be withdrawn from the custody of ~~such~~the	2562
depository or otherwise deposited except upon the special order of	2563
the court. The probate judge may impose ~~such~~any conditions	2564
relative to insurance and the care and protection of the property	2565
deposited asthat the court thinks best for the interests of the	2566
estate and the beneficiaries ~~thereof~~of the estate. After ~~such~~the	2567
deposit has been made, a receipt for ~~said~~that property executed	2568
by ~~said~~that corporation shall be filed with the court, ~~which~~and	2569
the receipt shall acknowledge that ~~said~~the property is held by	2570
~~said~~that corporation subject to the order of the court. When	2571
~~such~~the receipt is filed, the court may fix or reduce the amount	2572
of the bond so that the amount of the penalty ~~thereof~~of the bond	2573
is determined with respect to the value of the remainder only of	2574
the estate or fund, without including the value of the property	2575
deposited. Neither the fiduciary nor ~~his~~the fiduciary's sureties	2576
shall be liable for any loss to the trust estate resulting from a	2577
deposit authorized and directed by the court pursuant to this	2578
section, provided ~~such~~the fiduciary has acted in good faith.	2579

Sec. 2109.17. If the bond of a fiduciary is executed by	2580
personal sureties, one or more of ~~such~~the sureties shall be a	2581
resident of the county in which ~~such~~the fiduciary applies for	2582
appointment. The sureties shall own real property worth double the	2583
sum to be secured, over and above all encumbrances, and shall have	2584
property in this state liable to execution equal to the sum to be	2585
secured. ~~When~~If two or more sureties are offered on the same	2586
bond, they must have in the aggregate the qualifications	2587
prescribed in this section. ~~Such~~The sureties shall qualify under	2588
oath and may be required to exhibit to the probate court	2589
satisfactory evidence of the ownership of ~~such~~the real property.	2590

No corporate surety shall be acceptable on a fiduciary's bond	2591
in ~~such~~the probate court unless ~~such~~the surety is acceptable to	2592
the United States government on surety bonds in ~~like~~the same	2593
amount, as shown by the regulations issued by the secretary of the	2594
treasury of the United States, or in any other manner, to the	2595
satisfaction of the court. ~~Such~~The surety shall also be qualified	2596
to do business in this state.	2597

A surety on the bond of a fiduciary shall not be held liable	2598
for any debt of ~~such~~the fiduciary to the estate represented by	2599
~~him~~the fiduciary existing at the time ~~such~~the fiduciary was	2600
appointed; but ~~such~~the surety shall be liable to the extent that	2601
~~such~~the debt has been made uncollectible by wrongful act of ~~such~~	2602
the fiduciary after appointment.	2603

Sec. 2109.19. If a fiduciary wastes or unfaithfully	2604
administers an estate, on the application of a surety on the	2605
fiduciary's bond the probate court granting letters of appointment	2606
to ~~such~~the fiduciary may order ~~him~~the fiduciary to render an	2607
account and to execute to ~~such~~the surety a bond of indemnity with	2608
sureties approved by the court. Upon neglect or refusal to execute	2609
~~such~~the bond within the time ordered, the court may remove ~~such~~	2610
the fiduciary, revoke ~~his~~the fiduciary's letters of appointment,	2611
and appoint another fiduciary in ~~his~~the fiduciary's place.	2612

Sec. 2109.20. Instead of the sureties required on ~~his~~a	2613
guardian's bond by section 2109.04 of the Revised Code, a guardian	2614
of the person and estate or of the estate only of any ward may	2615
execute to the ward a mortgage upon unencumbered real ~~estate~~	2616
property. The guardian first shall furnish to the probate court a	2617
title guarantee or a mortgagee's title insurance policy for the	2618
benefit of the guardianship, with respect to the real ~~estate~~	2619
property, and it shall be shown to the court's satisfaction that,	2620
exclusive of improvements on the real ~~estate~~property, the real	2621
~~estate~~property is of a value sufficient to secure the bond. The	2622
mortgage shall be recorded in the county in which the property is	2623
situated and filed with the court.	2624

Sec. 2109.21. (A) An administrator, special administrator,	2625
administrator de bonis non, or administrator with the will annexed	2626
shall be a resident of this state and shall be removed on proof	2627
that the administrator is no longer a resident of this state.	2628

(B)(1) To qualify for appointment as executor or trustee, an	2629
executor or a trustee named in a will or nominated in accordance	2630
with any power of nomination conferred in a will, may be a	2631
resident of this state or, as provided in this division, a	2632
nonresident of this state. To qualify for appointment, a	2633
nonresident executor or trustee named in, or nominated pursuant	2634
to, a will shall be an individual who is related to the ~~maker of~~	2635
~~the will~~testator by consanguinity or affinity, or a person who	2636
resides in a state that has statutes or rules that authorize the	2637
appointment of a nonresident person who is not related to the	2638
~~maker of a will~~testator by consanguinity or affinity, as an	2639
executor or trustee when named in, or nominated pursuant to, a	2640
will. No such executor or trustee shall be refused appointment or	2641
removed solely because the executor or trustee is not a resident	2642
of this state.	2643

The court may require that a nonresident executor or trustee	2644
named in, or nominated pursuant to, a will assure that all of the	2645
assets of the decedent that are in the county at the time of the	2646
death of the decedent will remain in the county until distribution	2647
or until the court determines that the assets may be removed from	2648
the county.	2649

(2) In accordance with this division and section 2129.08 of	2650
the Revised Code, the court shall appoint as an ancillary	2651
administrator a person who is named in the will of a nonresident	2652
decedent, or who is nominated in accordance with any power of	2653
nomination conferred in the will of a nonresident decedent, as a	2654
general executor of the decedent's estate or as executor of the	2655
portion of the decedent's estate located in this state, whether or	2656
not the person so named or nominated is a resident of this state.	2657

To qualify for appointment as an ancillary administrator, a	2658
person who is not a resident of this state and who is named or	2659
nominated as described in this division, shall be an individual	2660
who is related to the ~~maker of the will~~testator by consanguinity	2661
or affinity, or a person who resides in a state that has statutes	2662
or rules that authorize the appointment of a nonresident of that	2663
state who is not related to the ~~maker of a will~~testator by	2664
consanguinity or affinity, as an ancillary administrator when the	2665
nonresident is named in a will or nominated in accordance with any	2666
power of nomination conferred in a will. If a person who is not a	2667
resident of this state and who is named or nominated as described	2668
in this division so qualifies for appointment as an ancillary	2669
administrator and if the provisions of section 2129.08 of the	2670
Revised Code are satisfied, the court shall not refuse to appoint	2671
the person, and shall not remove the person, as ancillary	2672
administrator solely because the person is not a resident of this	2673
state.	2674

The court may require that an ancillary administrator who is	2675
not a resident of this state and who is named or nominated as	2676
described in this division, assure that all of the assets of the	2677
decedent that are in the county at the time of the death of the	2678
decedent will remain in the county until distribution or until the	2679
court determines that the assets may be removed from the county.	2680

(C)(1) A guardian of the estate shall be a resident of this	2681
state, except that the court may appoint a nonresident of this	2682
state as a guardian of the estate if any of the following applies:	2683

(a) The nonresident is named in a will by a parent of a	2684
minor.	2685

(b) The nonresident is selected by a minor over the age of	2686
fourteen years as provided by section 2111.12 of the Revised Code.	2687

(c) The nonresident is nominated in or pursuant to a durable	2688
power of attorney as described in division (D) of section 1337.09	2689
of the Revised Code or a writing as described in division (A) of	2690
section 2111.121 of the Revised Code.	2691

(2) A guardian of the estate, other than a guardian named in	2692
a will by a parent of a minor, selected by a minor over the age of	2693
fourteen years, or nominated in or pursuant to a durable power of	2694
attorney or writing described in division (C)(1)(c) of this	2695
section, may be removed on proof that the guardian of the estate	2696
is no longer a resident of this state.	2697

(3) The court may appoint a resident or nonresident of this	2698
state as a guardian of the person.	2699

(D) Any fiduciary, whose residence qualifications are not	2700
defined in this section, shall be a resident of this state, and	2701
shall be removed on proof that the fiduciary is no longer a	2702
resident of this state.	2703

(E) Any fiduciary, in order to assist in the carrying out of	2704
the fiduciary's fiduciary duties, may employ agents who are not	2705
residents of the county or of this state.	2706

(F) Every fiduciary shall sign and file with the court a	2707
statement of permanent address and shall notify the court of any	2708
change of address. A court may remove a fiduciary if the fiduciary	2709
fails to comply with this division.	2710

Sec. 2109.22. The marriage of any person does not disqualify	2711
~~him~~the person from acting as fiduciary, whether the marriage	2712
occurs before or after ~~his~~the person's appointment and	2713
qualification, and all of ~~his~~the person's acts in ~~such~~that	2714
capacity shall have the same validity as though hethe person were	2715
unmarried.	2716

Sec. 2109.24. The probate court at any time may accept the	2717
resignation of any fiduciary upon the fiduciary's proper	2718
accounting, if the fiduciary was appointed by, is under the	2719
control of, or is accountable to the court. The fiduciary may	2720
resign by filing a written statement with the court after giving	2721
at least fifteen days notice to the persons known to be interested	2722
in the estate. Upon notice or a motion of the fiduciary to resign,	2723
the court may set the matter for a hearing and may notify all	2724
interested persons. No fiduciary shall resign without an order of	2725
the court.	2726

If a fiduciary fails to make and file an inventory as	2727
required by sections 2109.58, 2111.14, and 2115.02 of the Revised	2728
Code or to render a just and true account of the fiduciary's	2729
administration at the times required by section 2109.301,	2730
2109.302, or 2109.303 of the Revised Code, and if the failure	2731
continues for thirty days after the fiduciary has been notified by	2732
the court of the expiration of the relevant time, the fiduciary	2733
~~forthwith~~ may be removed by the court and shall receive no	2734
allowance for the fiduciary's services unless the court enters	2735
upon its journal its findings that the delay was necessary and	2736
reasonable.	2737

The court may remove any fiduciary, after giving the	2738
fiduciary not less than ten days' notice, for habitual	2739
drunkenness, neglect of duty, incompetency, or fraudulent conduct,	2740
because the interest of the property, testamentary trust, or	2741
estate that the fiduciary is responsible for administering demands	2742
it, or for any other cause authorized by law.	2743

The court may remove a testamentary trustee upon the written	2744
application of more than one-half of the persons having an	2745
interest in the estate controlled by the testamentary trustee, but	2746
the testamentary trustee is not to be considered as a person	2747
having an interest in the estate under the proceedings; except	2748
that no testamentary trustee appointed under a will shall be	2749
removed upon ~~such~~the written application unless for a good cause.	2750

Upon the resignation or removal of the fiduciary, the court	2751
shall revoke all letters of authority for the fiduciary.	2752

Sec. 2109.25. (A) Whenever it appears to the satisfaction of	2753
the probate court that a fiduciary is unable to perform ~~his~~the	2754
fiduciary's duties because hethe fiduciary is engaged or is about	2755
to engage in military service as defined by this section, the	2756
court may remove ~~such~~the fiduciary and appoint a substitute or	2757
authorize the remaining fiduciaries to execute the trust. ~~Such~~	2758
That action may be taken on the court's own motion or on the	2759
application of any party in interest, including the fiduciary or	2760
cofiduciary, either without notice or upon notice to ~~such~~those	2761
persons and in ~~such~~the manner asthat the court shall direct.	2762

If any of the duties of ~~such~~that office remain unexecuted	2763
when a fiduciary who has resigned or been removed on account of	2764
~~his~~the fiduciary's military service ceases to be in ~~such~~that	2765
military service, hethe fiduciary shall be reappointed as	2766
fiduciary upon ~~his~~the fiduciary's application to the court and	2767
upon ~~such~~any notice asthat the court may direct, provided hethe	2768
fiduciary is at the time a suitable and competent person and has	2769
the qualifications as to residence required by section 2109.21 of	2770
the Revised Code. If ~~such~~the person is reappointed, the court	2771
shall remove the substitute fiduciary and revoke ~~his~~the	2772
substitute fiduciary's letters of appointment, and shall make such	2773
further order or decree as justice requires.	2774

~~"Military service," as~~(B) As used in this section, "military	2775
service" means any service, work, or occupation ~~which~~that in the	2776
opinion of the court is directly or indirectly in furtherance of	2777
any military effort of the United States. ~~Such definition~~	2778
"Military service" includes internment in an enemy country,	2779
residence in any foreign country, or residence in any possession	2780
or dependency of the United States, if by reason ~~thereof~~of the	2781
internment or residence the fiduciary is unable to return to this	2782
state.	2783

Sec. 2109.26. If a sole fiduciary dies, is dissolved,	2784
declines to accept, resigns, is removed, or becomes incapacitated	2785
prior to the termination of the trust, the probate court shall	2786
require a final account of all dealings of ~~such~~the trust to be	2787
filed ~~forthwith~~ by ~~such~~the fiduciary if a living person and able	2788
to act. If ~~such~~the fiduciary is a living person but unable to	2789
act, ~~such~~the final account shall be filed by ~~his~~the fiduciary's	2790
guardian, or, if there is no guardian, by some other suitable	2791
person in ~~his~~the fiduciary's behalf, appointed or approved by the	2792
court. If ~~such~~the fiduciary is a deceased person, ~~such~~the final	2793
account shall be filed by ~~his~~the fiduciary's executor or	2794
administrator. If no estate is commenced for a deceased fiduciary,	2795
the deceased fiduciary's successor shall file the final account.	2796
If ~~such~~the fiduciary is a dissolved corporation, ~~such~~the final	2797
account shall be filed by ~~such~~those persons asthat are charged	2798
by law with winding up the affairs of ~~such~~the dissolved	2799
corporation. ~~Thereupon the~~The court shall cause ~~such~~the	2800
proceedings to be had as are provided by sections 2109.30 to	2801
2109.36~~, inclusive,~~ of the Revised Code.	2802

Whenever such a vacancy occurs and ~~such~~that contingency is	2803
not otherwise provided for by law or by the instrument creating	2804
the trust, or whenever ~~such~~the instrument names no fiduciary, the	2805
court shall, on its own motion or on the application of any person	2806
beneficially interested, issue letters of appointment as fiduciary	2807
to ~~some~~a competent person or persons who shall qualify according	2808
to law and execute the trust to its proper termination. ~~Such~~The	2809
vacancy and the appointment of a successor fiduciary shall not	2810
affect the liability of the former fiduciary or ~~his~~the former	2811
fiduciary's sureties ~~which~~that was previously incurred.	2812

Sec. 2109.302. (A) Every guardian or conservator shall	2813
render an account of the administration of the ward's estate at	2814
least once in each two years. The guardian or conservator shall	2815
render an account at any time other than a time otherwise	2816
mentioned in this section upon the order of the probate court	2817
issued for good cause shown either at its own instance or upon the	2818
motion of any person interested in the estate. Except as provided	2819
in division (B) of this section, every guardian or conservator	2820
shall render a final account within thirty days after completing	2821
the administration of the ward's estate or within any other period	2822
of time that the court may order.	2823

Every account shall include an itemized statement of all	2824
receipts of the guardian or conservator during the accounting	2825
period and of all disbursements and distributions made by the	2826
guardian or conservator during the accounting period. The itemized	2827
disbursements and distributions shall be verified by vouchers or	2828
proof, except in the case of an account rendered by a corporate	2829
fiduciary subject to section 1111.28 of the Revised Code. In	2830
addition, the account shall include an itemized statement of all	2831
funds, assets, and investments of the estate known to or in the	2832
possession of the guardian or conservator at the end of the	2833
accounting period and shall show any changes in investments since	2834
the last previous account.	2835

Every account shall be upon the signature of the guardian or	2836
conservator. When two or more guardians or conservators render an	2837
account, the court may allow the account upon the signature of one	2838
of the guardians or conservators.	2839

Upon the filing of every account, the guardian or	2840
conservator, except a corporate fiduciary subject to section	2841
1111.28 of the Revised Code, shall exhibit to the court for its	2842
examination both of the following: the securities shown in the	2843
account as being in the ~~hands~~possession or under the control of	2844
the guardian or conservator, or the certificate of the person in	2845
possession of the securities, if held as collateral or pursuant to	2846
section 2109.13 or 2131.21 of the Revised Code; and a passbook or	2847
certified bank statement showing as to each depository the fund	2848
deposited to the credit of the ward's estate. The court may	2849
designate a deputy clerk, an agent of a corporate surety on the	2850
bond of the guardian or conservator, or another suitable person	2851
whom the court appoints as commissioner to make the examination	2852
and to report the person's findings to the court. ~~When~~If	2853
securities are located outside the county, the court may appoint a	2854
commissioner or request another probate court to make the	2855
examination and to report its findings to the court. The court may	2856
examine the guardian or conservator under oath concerning the	2857
account.	2858

~~When~~If a guardian or conservator is authorized by law to	2859
distribute the assets of the estate, in whole or in part, the	2860
guardian or conservator may do so and include a report of the	2861
distribution in the guardian's or conservator's succeeding	2862
account.	2863

(B)(1) The court may waive, by order, an account that	2864
division (A) of this section requires of a guardian of the estate	2865
or of a guardian of the person and estate, other than an account	2866
made pursuant to court order, if any of the following	2867
circumstances apply:	2868

(a) The assets of the estate consist entirely of real	2869
property.	2870

(b) The assets of the estate consist entirely of personal	2871
property, that property is held by a bank, savings and loan	2872
association, or trust company in accordance with section 2109.13	2873
of the Revised Code, and the court has authorized expenditures of	2874
not more than ten thousand dollars annually for the support,	2875
maintenance, or, if applicable, education of the ward.	2876

(c) The assets of the estate consist entirely of real	2877
property and of personal property that is held by a bank, savings	2878
and loan association, or trust company in accordance with section	2879
2109.13 of the Revised Code, and the court has authorized	2880
expenditures of not more than ten thousand dollars annually for	2881
the support, maintenance, or, if applicable, education of the	2882
ward.	2883

(2) The order of a court entered pursuant to division (B)(1)	2884
of this section is prima-facie evidence that a guardian of the	2885
estate or a guardian of the person and estate has authority to	2886
make expenditures as described in divisions (B)(1)(b) and (c) of	2887
this section.	2888

(3) Notwithstanding the requirements for accounts by other	2889
guardians under this section, a guardian of the person is not	2890
required to render an account except upon an order of the court	2891
that the court issues for good cause shown either at its own	2892
instance or upon the motion of any person interested in the	2893
estate.	2894

Sec. 2109.303. (A) Except as provided in division (B) of	2895
this section, every testamentary trustee shall, and every other	2896
fiduciary not subject to section 2109.301 or 2109.302 of the	2897
Revised Code may, render an account of the trustee's or other	2898
fiduciary's administration of the estate or trust at least once in	2899
each two years. Any testamentary trustee or other fiduciary shall	2900
render an account, subject to division (B) of this section, at any	2901
time other than a time otherwise mentioned in this section upon an	2902
order of the court issued for good cause shown either at its own	2903
instance or upon the motion of any person interested in the estate	2904
or trust. Every testamentary trustee shall, and every other	2905
fiduciary may, render a final account within thirty days after	2906
completing the administration of the estate or trust or shall file	2907
a final account within any other period of time that the court may	2908
order.	2909

Every account shall include an itemized statement of all	2910
receipts of the testamentary trustee or other fiduciary during the	2911
accounting period and of all disbursements and distributions made	2912
by the testamentary trustee or other fiduciary during the	2913
accounting period. The itemized disbursements and distributions	2914
shall be verified by vouchers or proof, except in the case of an	2915
account rendered by a corporate fiduciary subject to section	2916
1111.28 of the Revised Code. In addition, the account shall	2917
include an itemized statement of all funds, assets, and	2918
investments of the estate or trust known to or in the possession	2919
of the testamentary trustee or other fiduciary at the end of the	2920
accounting period and shall show any changes in investments since	2921
the last previous account. The accounts of testamentary trustees	2922
shall, and the accounts of other fiduciaries may, show receipts	2923
and disbursements separately identified as to principal and	2924
income.	2925

Every account shall be upon the signature of the testamentary	2926
trustee or other fiduciary. When two or more testamentary trustees	2927
or other fiduciaries render an account, the court may allow the	2928
account upon the signature of one of them.	2929

Upon the filing of every account, the testamentary trustee or	2930
other fiduciary, except a corporate fiduciary subject to section	2931
1111.28 of the Revised Code, shall exhibit to the court for its	2932
examination both of the following: the securities shown in the	2933
account as being in the ~~hands~~possession or under the control of	2934
the testamentary trustee or other fiduciary, or the certificate of	2935
the person in possession of the securities, if held as collateral	2936
or pursuant to section 2109.13 or 2131.21 of the Revised Code; and	2937
a passbook or certified bank statement showing as to each	2938
depository the fund deposited to the credit of the estate or	2939
trust. The court may designate a deputy clerk, an agent of a	2940
corporate surety on the bond of the testamentary trustee or other	2941
fiduciary, or another suitable person whom the court appoints as	2942
commissioner to make the examination and to report the person's	2943
findings to the court. ~~When~~If securities are located outside the	2944
county, the court may appoint a commissioner or request another	2945
probate court to make the examination and to report its findings	2946
to the court. The court may examine the testamentary trustee or	2947
other fiduciary under oath concerning the account.	2948

~~When~~If a testamentary trustee or other fiduciary is	2949
authorized by law or by the instrument governing distribution to	2950
distribute the assets of the estate or trust, in whole or in part,	2951
the testamentary trustee or other fiduciary may do so and include	2952
a report of the distribution in the testamentary trustee's or	2953
fiduciary's succeeding account.	2954

(B) If the assets of a testamentary charitable trust are held	2955
and managed by a testamentary trustee or other fiduciary who is an	2956
individual or by a corporate fiduciary and if the trust merges	2957
into a qualified community foundation, then, after the	2958
testamentary trustee or other fiduciary files with the court a	2959
final and distributive account pertaining to the trust and	2960
activities up to the effective date of the merger, the	2961
testamentary trustee or other fiduciary and any successors of the	2962
testamentary trustee or other fiduciary shall not be required to	2963
render any accounting to the court pertaining to the merged trust	2964
and activities that follow the effective date of the merger.	2965

2966

(1) "Charitable trust" has the same meaning as in section	2967
109.23 of the Revised Code.	2968

(2) "Qualified community foundation" means any foundation	2969
that is exempt from federal income taxation under sections	2970
170(b)(1)(A)(vi) and 501(c)(3) of the "Internal Revenue Code of	2971
1986," 100 Stat. 2085, 26 U.S.C. 170(b)(1)(A)(vi) and 501 (c)(3),	2972
as amended; that is further described in section 1.170A-9(10) and	2973
(11) of Title 26 of the Code of Federal Regulations, 26 C.F.R.	2974
1.170A-9(10) and (11), as amended; and that publishes at least	2975
annually and circulates widely within its community an audited	2976
report of its fund balances, activities, and donors.	2977

(3) "Testamentary charitable trust" means any charitable	2978
trust that is created by a will.	2979

(4) "Other fiduciary" means a fiduciary other than an	2980
executor, administrator, guardian, conservator, or testamentary	2981
trustee.	2982

Sec. 2109.32. (A) Every fiduciary's account required by	2983
section 2109.301, 2109.302, or 2109.303 of the Revised Code shall	2984
be set for hearing before the probate court. The hearing on the	2985
account shall be set not earlier than thirty days after the filing	2986
of the account.	2987

At the hearing upon an account required by section 2109.302	2988
or 2109.303 of the Revised Code and, if ordered by the court, upon	2989
an account required by section 2109.301 of the Revised Code, the	2990
court shall inquire into, consider, and determine all matters	2991
relative to the account and the manner in which the fiduciary has	2992
executed the fiduciary's trust, including the investment of trust	2993
funds, and may order the account approved and settled or make any	2994
other order asthat the court considers proper. If, at the hearing	2995
upon an account, the court finds that the fiduciary has fully and	2996
lawfully administered the estate or trust and has distributed the	2997
assets of the estate or trust in accordance with the law or the	2998
instrument governing distribution, as shown in the account, the	2999
court shall order the account approved and settled and may order	3000
the fiduciary discharged. Upon approval of a final and	3001
distributive account required by division (B)(1) of section	3002
2109.301 of the Revised Code, the court may order the surety bond	3003
for the fiduciary terminated. Unless otherwise ordered by the	3004
court, the fiduciary shall be discharged without further order	3005
twelve months following the approval of the final and distributive	3006
account.	3007

(B)(1) An administrator or executor filing an account	3008
pursuant to section 2109.301 of the Revised Code shall provide at	3009
the time of filing the account a copy of the account to each heir	3010
of an intestate estate or to each beneficiary of a testate estate.	3011
An administrator or executor is not required to provide a copy of	3012
the account to any of the following:	3013

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

3014

(b) A beneficiary of a specific bequest or devise who has	3015
received ~~his or her~~the beneficiary's distribution and for which a	3016
receipt has been filed or exhibited with the court.	3017

(2) An administrator or executor filing an account pursuant	3018
to section 2109.301 of the Revised Code shall file with the	3019
probate court a certificate of service of account prior to or	3020
simultaneously with the filing of the account.	3021

(3) The probate court shall not approve the final account of	3022
any executor or administrator until the following events have	3023
occurred:	3024

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

3025

(b) The surviving spouse has filed an election to take under	3026
or against the will, or the time for making the election has	3027
expired.	3028

(4) If an administrator or executor learns of the existence	3029
of newly discovered assets after the filing of the final account	3030
or otherwise comes into possession of assets belonging to the	3031
estate after the filing of the final account, the executor or	3032
administrator shall file a supplemental final account with respect	3033
to the disposition of the assets and shall provide a copy of the	3034
supplemental final account to each heir of an intestate estate or	3035
to each beneficiary of a testate estate, as provided in division	3036
(B)(1) of this section and subject to the exceptions specified in	3037
divisions (B)(1)(a) and (b) of this section.	3038

(C) The rights of any person with a pecuniary interest in the	3039
estate are not barred by approval of an account pursuant to	3040
divisions (A) and (B) of this section. These rights may be barred	3041
following a hearing on the account pursuant to section 2109.33 of	3042
the Revised Code.	3043

Sec. 2109.33. A fiduciary may serve notice of the hearing	3044
upon ~~his~~the fiduciary's account to be conducted under section	3045
2109.32 of the Revised Code, or may cause the notice to be served,	3046
upon any person who is interested in the estate or trust,	3047
including creditors as the court may direct. The probate court,	3048
after notice to the fiduciary upon the motion of any interested	3049
person for good cause shown or at its own instance, may order that	3050
a notice of the hearing is to be served upon persons the court	3051
designates.	3052

The notice shall be made by mail in addition to service by	3053
publication, shall set forth the time and place of the hearing,	3054
and shall specify the account to be considered and acted upon by	3055
the court at the hearing and the period of time covered by the	3056
account. It shall contain a statement to the effect that the	3057
person notified is required to examine the account, to inquire	3058
into the contents of the account and into all matters that may	3059
come before the court at the hearing on the account, and to file	3060
any exceptions that the person may have to the account at least	3061
five days prior to the hearing on the account, and that upon ~~his~~	3062
the person's failure to file exceptions, the account may be	3063
approved without further notice. If the person to be notified was	3064
not a party to the proceeding in which any prior account was	3065
settled, the notice, for the purpose of barring any rights	3066
possessed by that person, may include and specify the prior	3067
accounts and the periods of time covered by them. In that event,	3068
the notice shall inform the person notified that the approval of	3069
the account filed most recently will terminate any rights	3070
possessed by ~~him~~the person to vacate the order settling each	3071
prior account so specified, except as provided in section 2109.35	3072
of the Revised Code, and shall further inform the person that,	3073
under penalty of losing those rights, ~~he forthwith~~the person	3074
shall examine each prior account so specified, shall inquire into	3075
its contents, and, if ~~he deems~~the person considers it necessary	3076
to protect ~~his~~the person's rights, shall take the action with	3077
respect to ~~his~~the person's rights that is permitted by law.	3078

The notice of the hearing upon an account shall be served at	3079
least fifteen days prior to the hearing on the account. Any	3080
competent person may waive service of notice and consent to the	3081
approval of any account by the court. Waivers of service and	3082
consents to approval shall be recorded with the account.	3083

Any person interested in an estate or trust may file	3084
exceptions to an account or to matters pertaining to the execution	3085
of the trust. All exceptions shall be specific and written.	3086
Exceptions shall be filed and a copy of them furnished to the	3087
fiduciary by the exceptor, not less than five days prior to the	3088
hearing on the account. The court for cause may allow further time	3089
to file exceptions. If exceptions are filed to an account, the	3090
court may allow further time for serving notice of the hearing	3091
upon any person who may be affected by an order disposing of the	3092
exceptions and who has not already been served with notice of the	3093
hearing in accordance with this section.	3094

A probate court, by local rule, may require that notice of	3095
the hearing on a final account be given to all heirs in an	3096
intestate estate and to all residuary beneficiaries in a testate	3097
estate.	3098

Any notice that is required or permitted by this section or	3099
by any local rule adopted under authority of this section shall be	3100
served, and any waiver of the right to receive any notice of those	3101
types may be waived, in accordance with the Rules of Civil	3102
Procedure.	3103

Sec. 2109.34. If an interest in an estate or trust is or may	3104
be possessed by persons who will compose a certain class upon the	3105
happening of any future event, the unborn members of ~~such~~that	3106
class shall be ~~deemed~~considered to be represented in any hearing	3107
upon a fiduciary's account required by section 2109.32 of the	3108
Revised Code, if any living member of the class is made a party to	3109
~~such~~that proceeding or if a trustee for the proceeding is	3110
appointed by the probate court. The unborn members of ~~such~~the	3111
class need not be served by publication. An order made in ~~such~~	3112
the proceeding shall be binding upon all members of ~~such~~the	3113
class, except that ~~such~~the order may be vacated for fraud as	3114
provided in section 2109.35 of the Revised Code.	3115

If the beneficiaries, both present and future, of a	3116
charitable trust are not represented by a trustee or an existing	3117
corporation or other organization, they shall be represented in	3118
any ~~such~~ proceeding under this section by the attorney general if	3119
hethe attorney general is made a party ~~thereto~~to the proceeding.	3120
Any order made in the proceeding shall be binding upon ~~such~~those	3121
beneficiaries, except for fraud.	3122

Sec. 2109.35. The order of the probate court upon the	3123
settlement of a fiduciary's account shall have the effect of a	3124
judgment and may be vacated only as follows:	3125

(A) The order may be vacated for fraud, upon motion of any	3126
person affected by the order or upon the court's own order, if the	3127
motion is filed or order is made within one year after discovery	3128
of the existence of the fraud. Any person who is subject to any	3129
legal disability may file the motion at any time within one year	3130
after the removal of the legal disability or within one year after	3131
hethe person discovers the existence of the fraud, whichever is	3132
later, or ~~his~~the person's guardian or a successor guardian may do	3133
so during the period of the legal disability. If the death of any	3134
person occurs during the period within which hethe person could	3135
have filed the motion, ~~his~~the person's administrator or executor	3136
may file it within one year after the person's death.	3137

(B) The order may be vacated for good cause shown, other than	3138
fraud, upon motion of any person affected by the order who was not	3139
a party to the proceeding in which the order was made and who had	3140
no knowledge of the proceeding in time to appear in it; provided	3141
that, if the account settled by the order is included and	3142
specified in the notice to that person of the proceeding in which	3143
a subsequent account is settled, the right of that person to	3144
vacate the order shall terminate upon the settlement of the	3145
subsequent account. A person affected by an order settling an	3146
account shall be ~~deemed~~considered to have been a party to the	3147
proceeding in which the order was made if that person was served	3148
with notice of the hearing on the account in accordance with	3149
section 2109.33 of the Revised Code, waived that notice, consented	3150
to the approval of the account, filed exceptions to the account,	3151
or is bound by section 2109.34 of the Revised Code; but no person	3152
in being who is under legal disability at the time of that	3153
proceeding shall be ~~deemed~~considered to have been a party to that	3154
proceeding unless hethe person was represented in it as provided	3155
in section 2111.23 of the Revised Code. Neither the fiduciary nor	3156
~~his~~the fiduciary's surety shall incur any liability as a result	3157
of the vacation of an order settling an account in accordance with	3158
this division, if the motion to vacate the order is filed more	3159
than three years following the settlement of the fiduciary's	3160
account showing complete distribution of assets; but the	3161
three-year period shall not affect the liability of any heir,	3162
devisee, or distributee either before or after the expiration of	3163
that period.	3164

(C) The order may be vacated for good cause shown upon motion	3165
of the fiduciary, if the motion is filed prior to the settlement	3166
of the account showing that the fiduciary has fully discharged his	3167
trust.	3168

A motion to vacate an order settling an account shall set	3169
forth the items of the account with respect to which complaint is	3170
made and the reasons for complaining of those items. The person	3171
filing a motion to vacate an order settling an account or another	3172
person the court may designate shall cause notice of the hearing	3173
on the motion to be served upon all interested parties who may be	3174
adversely affected by an order of the court granting the motion.	3175

An order settling an account shall not be vacated unless the	3176
court determines that there is good cause for doing so, and the	3177
burden of proving good cause shall be upon the complaining party.	3178

The vacation of an order settling an account, made after	3179
notice given in the manner provided in section 2109.33 of the	3180
Revised Code, shall not affect the rights of a purchaser for value	3181
in good faith, a lessee for value in good faith, or an	3182
encumbrancer for value in good faith; provided that, if the	3183
fiduciary has effected any such sale, lease, or encumbrance, any	3184
person prejudiced by it may proceed, after vacation of the order,	3185
against any distributee benefiting from the sale, lease, or	3186
encumbrance to the extent of the amount received by that	3187
distributee on distribution of the estate or trust, or if any	3188
heir, devisee, or distributee has effected any such sale, lease,	3189
or encumbrance, any person prejudiced by it may proceed, after the	3190
vacation of the order, against that heir, devisee, or distributee,	3191
to the extent of the value at the time of alienation of the	3192
property aliened by ~~him~~the person, with legal interest.	3193

Sec. 2109.36. An application for an order of distribution of	3194
the assets of an estate or trust held by a fiduciary may be set	3195
for hearing before the probate court at ~~such~~the time asthat the	3196
court shall designate. The fiduciary may serve notice of the	3197
hearing upon ~~such~~the application, or cause ~~such~~the notice to be	3198
served, upon any person who may be affected by an order disposing	3199
~~thereof~~of the application; or the court, upon motion of any	3200
interested person for good cause shown or at its own instance, may	3201
order ~~such~~the notice to be served upon ~~any such~~that person. ~~Such~~	3202
The notice shall set forth the time and place of the hearing and	3203
shall be accompanied by a statement of the proposed distribution.	3204
At the hearing upon the application the court shall inquire into,	3205
consider, and determine all matters relative ~~thereto~~to the	3206
application, and make ~~such~~an order asthat the court ~~deems~~	3207
considers proper. If the court makes an order of distribution, the	3208
fiduciary shall comply ~~therewith~~with the order and shall account	3209
to the court for ~~his~~the fiduciary's distribution, verified by	3210
vouchers or proof. An order of distribution shall have the effect	3211
of a judgment. ~~Such~~The order may be reviewed upon appeal and may	3212
be vacated as provided in section 2109.35 of the Revised Code.	3213

Sec. 2109.361. (A) As used in this section, "third-party	3214
distribution" means the distribution by a fiduciary of an estate	3215
or trust of the assets of that estate or trust when both of the	3216
following apply:	3217

(1) The fiduciary makes the distribution to either of the	3218
following persons:	3219

(a) The transferee of a beneficiary;

3220

(b) Any person pursuant to an agreement, request, or	3221
instruction of a beneficiary or pursuant to a legal claim against	3222
a beneficiary.	3223

(2) The distribution is the subject of an agreement between a	3224
beneficiary and any person that requires the fiduciary or	3225
beneficiary to pay a percentage of an inheritance or a dollar	3226
amount to any person other than the beneficiary.	3227

(B) Prior to making a third-party distribution, the affected	3228
beneficiary or the affected beneficiary's guardian or other legal	3229
representative of the beneficiary may file an application for the	3230
approval of a third-party distribution with the probate court. An	3231
application filed pursuant to this division shall identify the	3232
person to whom the third-party distribution is to be made,	3233
disclose the basis for making the third-party distribution, and	3234
include a copy of any written agreement between the affected	3235
beneficiary and the person to whom the third-party distribution is	3236
to be made.	3237

(C) The probate court shall hold a hearing on an application	3238
filed under division (B) of this section. The applicant shall	3239
serve notice of the hearing on all interested parties at least	3240
fifteen days prior to the hearing in accordance with Civil Rule	3241
73. An interested party may waive notice of the hearing in	3242
accordance with Civil Rule 73.	3243

(D) The probate court may approve the third-party	3244
distribution in whole or in part, as the court determines is just	3245
and equitable. To the extent that the application is approved, the	3246
court shall determine whether the third-party distribution is	3247
properly charged solely against the beneficiary's share of the	3248
estate or trust or whether some or all of the third-party	3249
distribution is properly charged against the residue of the	3250
affected estate or trust. The court may consider any relevant	3251
factors in evaluating the application, including, but not limited	3252
to, any of the following:	3253

(1) The amount or percentage of the affected beneficiary's	3254
share that would be the subject of the proposed third-party	3255
distribution measured against the reasonable value of any ~~goods~~	3256
assets or services the person to whom the third-party distribution	3257
would be made provided to the beneficiary or to the estate or	3258
trust;	3259

(2) Whether the agreement, request, or instructions of the	3260
affected beneficiary were procured by duress, fraud,	3261
misrepresentation, undue influence, or other unfair means;	3262

(3) Whether the amount of the proposed third-party	3263
distribution is fixed or contingent under the terms of the	3264
agreement between the affected beneficiary and the recipient of	3265
the proposed third-party distribution;	3266

(4) Whether the beneficiary was represented by an attorney	3267
during the pendency of the probate action, or the beneficiary	3268
authorized the recipient of the proposed third-party distribution	3269
to retain an attorney who is licensed to practice law in Ohio for	3270
the beneficiary to formally represent the beneficiary in any	3271
proceeding regarding the decedent's estate, and the recipient of	3272
the proposed third-party distribution is responsible for paying	3273
the attorney's fees;	3274

(5) The extent, if any, to which the recipient of the	3275
proposed third-party distribution incurred expenses in connection	3276
with the services provided to the affected beneficiary, estate, or	3277
trust;	3278

(6) Whether the beneficiary was required to advance any	3279
payments for fees or expenses to the recipient of the proposed	3280
third-party distribution.	3281

(E) Division (D)(4) of this section does not prohibit the	3282
beneficiary from retaining the beneficiary's own legal counsel.	3283

(F) This section does not apply to third-party distributions	3284
to an attorney who represents a beneficiary and does not affect	3285
any other provision of law regarding the compensation of	3286
attorneys.	3287

Sec. 2109.37. (A) Except as otherwise provided by law,	3288
including division (D) of this section, or by the instrument	3289
creating the trust, a fiduciary having funds belonging to a trust	3290
~~which~~that are to be invested may invest them in the following:	3291

(1) Bonds or other obligations of the United States or of	3292
this state;	3293

(2) Bonds or other interest-bearing obligations of any	3294
county, municipal corporation, school district, or other legally	3295
constituted political taxing subdivision within the state,	3296
provided that ~~such~~the county, municipal corporation, school	3297
district, or other subdivision has not defaulted in the payment of	3298
the interest on any of its bonds or interest-bearing obligations,	3299
for more than one hundred twenty days during the ten years	3300
immediately preceding the investment by the fiduciary in the bonds	3301
or other obligations, and provided that ~~such~~the county, municipal	3302
corporation, school district, or other subdivision, is not, at the	3303
time of the investment, in default in the payment of principal or	3304
interest on any of its bonds or other interest-bearing	3305
obligations;	3306

(3) Bonds or other interest-bearing obligations of any other	3307
state of the United States which, within twenty years prior to the	3308
making of ~~such~~that investment, has not defaulted for more than	3309
ninety days in the payment of principal or interest on any of its	3310
bonds or other interest-bearing obligations;	3311

(4) Any bonds issued by or for federal land banks and any	3312
debentures issued by or for federal intermediate credit banks	3313
under the "Federal Farm Loan Act of 1916," 39 Stat. 360, 12	3314
U.S.C.A. 641, as amended; or any debentures issued by or for banks	3315
for cooperatives under the "Farm Credit Act of 1933," 48 Stat.	3316
257, 12 U.S.C.A. 131, as amended;	3317

(5) Notes ~~which~~that are: (a) secured by a first mortgage on	3318
real ~~estate~~property held in fee and located in the state,	3319
improved by a unit designed principally for residential use for	3320
not more than four families or by a combination of ~~such~~that	3321
dwelling unit and business property, the area designed or used for	3322
nonresidential purposes not to exceed fifty per cent of the total	3323
floor area; (b) secured by a first mortgage on real ~~estate~~	3324
property held in fee and located in the state, improved with a	3325
building designed for residential use for more than four families	3326
or with a building used primarily for business purposes, if the	3327
unpaid principal of the notes secured by ~~such~~that mortgage does	3328
not exceed ten per cent of the value of the estate or trust or	3329
does not exceed five thousand dollars, whichever is greater; or	3330
(c) secured by a first mortgage on an improved farm held in fee	3331
and located in the state, provided that ~~such~~the mortgage requires	3332
that the buildings on the mortgaged property shall be well insured	3333
against loss by fire, and so kept, for the benefit of the	3334
mortgagee, until the debt is paid, and provided that the unpaid	3335
principal of the notes secured by the mortgage shall not exceed	3336
fifty per cent of the fair value of the mortgaged real ~~estate~~	3337
property at the time the investment is made, and the notes shall	3338
be payable not more than five years after the date on which the	3339
investment in them is made; except that the unpaid principal of	3340
the notes may equal sixty per cent of the fair value of the	3341
mortgaged real ~~estate~~property at the time the investment is made,	3342
and may be payable over a period of fifteen years following the	3343
date of the investment by the fiduciary if regular installment	3344
payments are required sufficient to amortize four per cent or more	3345
of the principal of the outstanding notes per annum and if the	3346
unpaid principal and interest become due and payable at the option	3347
of the holder upon any default in the payment of any installment	3348
of interest or principal upon the notes, or of taxes, assessments,	3349
or insurance premiums upon the mortgaged premises or upon the	3350
failure to cure any such default within any grace period provided	3351
~~therein~~in the notes not exceeding ninety days in duration;	3352

(6) Life, endowment, or annuity contracts of legal reserve	3353
life insurance companies regulated by sections 3907.01 to 3907.21,	3354
3909.01 to 3909.17, 3911.01 to 3911.24, 3913.01 to 3913.10,	3355
3915.01 to 3915.15, and 3917.01 to 3917.05 of the Revised Code,	3356
and licensed by the superintendent of insurance to transact	3357
business within the state, provided that the purchase of contracts	3358
authorized by this division shall be limited to executors or the	3359
successors to their powers when specifically authorized by will	3360
and to guardians and trustees, which contracts may be issued on	3361
the life of a ward, a beneficiary of a trust fund, or according to	3362
a will, or upon the life of a person in whom ~~such~~the ward or	3363
beneficiary has an insurable interest and the contracts shall be	3364
drawn by the insuring company so that the proceeds shall be the	3365
sole property of the person whose funds are so invested;	3366

(7) Notes or bonds secured by mortgages and insured by the	3367
federal housing administrator or debentures issued by ~~such~~that	3368
administrator;	3369

(8) Obligations issued by a federal home loan bank created	3370
under the "Federal Home Loan Bank Act of 1932," 47 Stat. 725, 12	3371
U.S.C.A. 1421, as amended;	3372

(9) Shares and certificates or other evidences of deposits	3373
issued by a federal savings and loan association organized and	3374
incorporated under the "Home Owners' Loan Act of 1933," 48 Stat.	3375
128, 12 U.S.C.A. 1461, as amended, to the extent and only to the	3376
extent that those shares or certificates or other evidences of	3377
deposits are insured pursuant to the "Financial Institutions	3378
Reform, Recovery, and Enforcement Act of 1989," 103 Stat. 183, 12	3379
U.S.C.A. 1811, as amended;	3380

(10) Bonds issued by the home owners' loan corporation	3381
created under the "Home Owners' Act of 1933," 48 Stat. 128, 12	3382
U.S.C.A. 1461, as amended;	3383

(11) Obligations issued by the national mortgage association	3384
created under the "National Housing Act," 48 Stat. 1246 (1934), 12	3385
U.S.C.A. 1701, as amended;	3386

(12) Shares and certificates or other evidences of deposits	3387
issued by a domestic savings and loan association organized under	3388
the laws of the state, which association has obtained insurance of	3389
accounts pursuant to the "Financial Institutions Reform, Recovery,	3390
and Enforcement Act of 1989," 103 Stat. 183, 12 U.S.C.A. 1811, as	3391
amended, or as may be otherwise provided by law, only to the	3392
extent that ~~such~~the evidences of deposits are insured under that	3393
act, as amended;	3394

(13) Shares and certificates or other evidences of deposits	3395
issued by a domestic savings and loan association organized under	3396
the laws of the state, provided that no fiduciary may invest ~~such~~	3397
the deposits except with the approval of the probate court, and	3398
then in an amount not to exceed the amount ~~which~~that the	3399
fiduciary is permitted to invest under division (A)(12) of this	3400
section;	3401

(14) In savings accounts in, or certificates or other	3402
evidences of deposits issued by, a national bank located in the	3403
state or a state bank located in and organized under the laws of	3404
the state or a state credit union located and organized under the	3405
laws of the state or a federal credit union located in the state	3406
by depositing the funds in the bank or credit union, and ~~such~~the	3407
national or state bank or the federal or state credit union when	3408
itself acting in a fiduciary capacity may deposit the funds in	3409
savings accounts in, or certificates or other evidences of	3410
deposits issued by, its own savings department or any bank	3411
subsidiary corporation owned or controlled by the bank holding	3412
company that owns or controls ~~such~~the national or state bank;	3413
provided that no deposit shall be made by any fiduciary,	3414
individual, or corporate, unless the deposits of the depository	3415
bank are insured by the federal deposit insurance corporation	3416
created under the "Federal Deposit Insurance Corporation Act of	3417
1933," 48 Stat. 162, 12 U.S.C. 264, as amended, or provided that	3418
no deposit shall be made by any fiduciary, individual or	3419
corporate, unless the deposits of the depository credit union are	3420
insured by the national credit union administration created under	3421
the "Federal Credit Union Act of 1934," 48 Stat. 1216, 12 U.S.C.	3422
1751, as amended, or the deposits of the depository credit union	3423
are insured by a share guaranty corporation as defined in Chapter	3424
1761. of the Revised Code, and provided that the deposit of the	3425
funds of any one trust in ~~any such~~those savings accounts in, or	3426
certificates or other evidences of deposits issued by, any one	3427
bank or credit union shall not exceed the sum insured under ~~that~~	3428
~~act~~those acts, as amended, or under Chapter 1761. of the Revised	3429
Code;	3430

(15) Obligations consisting of notes, bonds, debentures, or	3431
equipment trust certificates issued under an indenture~~, which~~that	3432
are the direct obligations, or in the case of equipment trust	3433
certificates are secured by direct obligations, of a railroad or	3434
industrial corporation, or a corporation engaged directly and	3435
primarily in the production, transportation, distribution, or sale	3436
of electricity or gas, or the operation of telephone or telegraph	3437
systems or waterworks, or in some combination of them; provided	3438
that the obligor corporation is one ~~which~~that is incorporated	3439
under the laws of the United States, any state, or the District of	3440
Columbia, or foreign government, and the obligations are rated at	3441
the time of purchase in the highest or next highest classification	3442
established by at least two standard rating services selected from	3443
a list of the standard rating services ~~which~~that shall be	3444
prescribed by the superintendent of financial institutions;	3445
provided that every such list shall be certified by the	3446
superintendent to the clerk of each probate court in the state,	3447
and shall continue in effect until a different list is prescribed	3448
and certified as provided in this division;	3449

(16) Obligations issued, assumed, or guaranteed by the	3450
international finance corporation or by the international bank for	3451
reconstruction and development, the Asian development bank, the	3452
inter-American development bank, the African development bank, or	3453
other similar development bank in which the president, as	3454
authorized by congress and on behalf of the United States, has	3455
accepted membership, provided that the obligations are rated at	3456
the time of purchase in the highest or next highest classification	3457
established by at least one standard rating service selected from	3458
a list of standard rating services ~~which~~that shall be prescribed	3459
by the superintendent of financial institutions;	3460

(17) Securities of any investment company, as defined in and	3461
registered under sections 3 and 8 of the "Investment Company Act	3462
of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3 and 80a-8, that are	3463
invested exclusively in forms of investment or in instruments that	3464
are fully collateralized by forms of investment in which the	3465
fiduciary is permitted to invest pursuant to divisions (A)(1) to	3466
(16) of this section, provided that, in addition to ~~such~~those	3467
forms of investment, the investment company may, for the purpose	3468
of reducing risk of loss or of stabilizing investment returns,	3469
engage in hedging transactions.	3470

(B) No administrator or executor may invest funds belonging	3471
to an estate in any asset other than a direct obligation of the	3472
United States that has a maturity date not exceeding one year from	3473
the date of investment, or other than in a short-term investment	3474
fund that is invested exclusively in obligations of the United	3475
States or of its agencies, or primarily in ~~such~~those obligations	3476
and otherwise only in variable demand notes, corporate money	3477
market instruments including, but not limited to, commercial	3478
paper, or fully collateralized repurchase agreements or other	3479
evidences of indebtedness that are payable on demand or generally	3480
have a maturity date not exceeding ninety-one days from the date	3481
of investment, except with the approval of the probate court or	3482
with the permission of the instruments creating the trust.	3483

(C)(1) In addition to the investments allowed by this	3484
section, a guardian or trustee, with the approval of the court,	3485
may invest funds belonging to the trust in productive real ~~estate~~	3486
property located within the state, provided that neither the	3487
guardian nor the trustee nor any member of the family of either	3488
has any interest in ~~such~~the real ~~estate~~property or in the	3489
proceeds of the purchase price. The title to any real ~~estate~~	3490
property so purchased by a guardian ~~must~~shall be taken in the	3491
name of the ward.	3492

(2) Notwithstanding the provisions of division (C)(1) of this	3493
section, the court may permit the funds to be used to purchase or	3494
acquire a home for the ward or an interest in a home for the ward	3495
in which a member of the ward's family may have an interest. After	3496
the filing of the petition by a guardian or a conservator for	3497
authority to purchase or acquire a home for the ward or an	3498
interest in a home for the ward in which a member of the ward's	3499
family may have an interest, the matter shall be set for a hearing	3500
before the probate court.	3501

(D) If the fiduciary is a trustee appointed by and	3502
accountable to the probate court, the fiduciary shall invest the	3503
trust's assets pursuant to the requirements and standards set	3504
forth in the Ohio Uniform Prudent Investor Act.	3505

Sec. 2109.371. (A) In addition to those investments made	3506
eligible by section 2109.37 or 2109.372 of the Revised Code,	3507
investments may be made by a fiduciary other than a guardian under	3508
sections 5905.01 to 5905.19 of the Revised Code, and subject to	3509
the restriction placed on an administrator or executor by division	3510
(B) of section 2109.37 of the Revised Code, in any of the	3511
following kinds and classes of securities, provided that it may be	3512
lawfully sold in Ohio and investment is made only in ~~such~~those	3513
securities asthat would be acquired by prudent persons of	3514
discretion and intelligence in ~~such~~those matters who are seeking	3515
a reasonable income and the preservation of their capital:	3516

(1) Securities of corporations organized and existing under	3517
the laws of the United States, the District of Columbia, or any	3518
state of the United States, or any foreign government or state,	3519
including, but not limited to, bonds, debentures, notes, equipment	3520
trust obligations, or other evidences of indebtedness, and shares	3521
of common and preferred stocks of ~~such~~those corporations;	3522

(2) Subject to division (C) of this section, collective	3523
investment funds established in accordance with section 1111.14 of	3524
the Revised Code or securities of any investment company,	3525
including any affiliated investment company, whether or not the	3526
fiduciary has invested other funds held by it in an agency or	3527
other nonfiduciary capacity in the securities of the same	3528
investment company or affiliated investment company. ~~Such~~Those	3529
investments may be made regardless of the eligibility of the	3530
underlying assets held by the fund portfolios of the investment	3531
company.	3532

(3) Bonds or other interest-bearing obligations of any state	3533
or territory of the United States, or of any county, city,	3534
village, school district, or other legally constituted political	3535
taxing subdivision of any state or territory of the United States,	3536
not otherwise eligible under division (A)(2) or (3) of section	3537
2109.37 of the Revised Code, or of any foreign government;	3538

(4) Debt or equity securities of foreign corporations that	3539
trade on recognized United States domiciled exchanges.	3540

(B) No investment shall be made pursuant to this section	3541
~~which~~that, at the time ~~such~~the investment is made, causes the	3542
aggregate market value of the investments, not made eligible by	3543
section 2109.37 or 2109.372 of the Revised Code, to exceed sixty	3544
per cent of the aggregate market value at that time of all the	3545
property of the fund held by the fiduciary. No sale or other	3546
liquidation of any investment shall be required solely because of	3547
any change in the relative market value of those investments made	3548
eligible by this section and those made eligible by section	3549
2109.37 or 2109.372 of the Revised Code; provided that, in the	3550
event of a sale of investments authorized by this section, the	3551
proceeds from the sale may be reinvested in the kinds and classes	3552
of securities authorized by this section without regard to the	3553
percentage limitation provided in this division. In determining	3554
the aggregate market value of the property of a fund and the	3555
percentage of a fund to be invested under this section, a	3556
fiduciary may rely upon published market quotations as to those	3557
investments for which ~~such~~those quotations are available and	3558
upon ~~such~~the valuations of other investments asthat, in the	3559
fiduciary's best judgment, seem fair and reasonable according to	3560
available information.	3561

(C)(1)(a) A fiduciary making an investment of trust funds in	3562
securities of an affiliated investment company, or a bank	3563
subsidiary corporation or other corporation owned or controlled by	3564
the bank holding company that owns or controls the fiduciary, may	3565
charge a reasonable fee for investment advisory, brokerage,	3566
transfer agency, registrar, management, or other similar services	3567
provided to an affiliated investment company. The fee may be in	3568
addition to the compensation to which the fiduciary is otherwise	3569
entitled to receive from the trust, provided that the fee is	3570
charged as a percentage of either asset value or income earned or	3571
actual amount charged and is disclosed at least annually by	3572
prospectus, account statement, or any other written means to all	3573
persons entitled to receive statements of account activity. The	3574
fiduciary shall disclose the relationship between the fiduciary	3575
and the affiliated investment company, at least annually by	3576
account statement, whether or not the fee is charged.	3577

(b) A fiduciary making an investment of trust funds in	3578
securities of an affiliated investment company pursuant to	3579
division (A)(2) of this section shall, when providing any periodic	3580
account statements to the trust fund, report the net asset value	3581
of the shares comprising the investment of the trust funds in the	3582
affiliated investment company.	3583

(c) If a fiduciary making an investment of trust funds in	3584
securities of an affiliated investment company pursuant to	3585
division (A)(2) of this section invests ~~such~~those funds in any	3586
mutual fund, the fiduciary shall disclose, in at least ten-point	3587
boldface type, by prospectus, account statement, or any other	3588
written means to all persons entitled to receive statements of	3589
account activity, that the mutual fund is not insured or	3590
guaranteed by the federal deposit insurance corporation or by any	3591
other government-sponsored agency of the federal government or of	3592
this state.	3593

(2) Unless the investment of trust funds in securities of an	3594
affiliated investment company can be made under the terms of the	3595
instrument creating the trust, an exception to the investment of	3596
trust funds in securities of an affiliated investment company may	3597
be filed with the probate court. Any exception filed pursuant to	3598
this division ~~must~~shall be signed by all persons who would, at	3599
the time the exception is filed, be permitted to file an exception	3600
to an account pursuant to section 2109.33 of the Revised Code and	3601
~~must~~shall state that all ~~such~~of those persons request that the	3602
current investment of trust funds in securities of an affiliated	3603
investment company be terminated within a reasonable time. If the	3604
probate court determines that the exception complies with the	3605
requirements of this division, the probate court shall establish a	3606
schedule for disposing of any current investments in securities of	3607
an affiliated investment company, and the fiduciary shall cause	3608
the trust to dispose of the investments in accordance with the	3609
schedule. The fiduciary shall not be liable for any loss incurred	3610
by the trust as a result of complying with division (C)(2) of this	3611
section.	3612

(D) As used in this section, "affiliated investment company"	3613
and "reasonable fee" have the same meanings as in division (E) of	3614
section 1111.13 of the Revised Code.	3615

Sec. 2109.372. (A) As used in this section:

3616

(1) "Short term trust-quality investment fund" means a short	3617
term investment fund that meets both of the following conditions:	3618

(a) The fund may be either a collective investment fund	3619
established in accordance with section 1111.14 of the Revised Code	3620
or a registered investment company, including any affiliated	3621
investment company whether or not the fiduciary has invested other	3622
funds held by it in an agency or other nonfiduciary capacity in	3623
the securities of the same registered investment company or	3624
affiliated investment company.	3625

(b) The fund is invested in any one or more of the following	3626
manners:	3627

(i) In obligations of the United States or of its agencies;

3628

(ii) In obligations of one or more of the states of the	3629
United States or their political subdivisions;	3630

(iii) In obligations of foreign governments or states;

3631

(iv) In variable demand notes, corporate money market	3632
instruments including, but not limited to, commercial paper rated	3633
at the time of purchase in either of the two highest	3634
classifications established by at least one nationally recognized	3635
standard rating service;	3636

~~(iv)~~(v) Deposits in banks, savings banks, or savings and loan	3637
associations, whose deposits are insured by the federal deposit	3638
insurance corporation, or in credit unions insured by the national	3639
credit union administration or by a credit union share guaranty	3640
corporation established under Chapter 1761. of the Revised Code,	3641
if the rate of interest paid on ~~such~~those deposits is at least	3642
equal to the rate of interest generally paid by ~~such~~those banks,	3643
savings banks, savings and loan associations, or credit unions on	3644
deposits of similar terms or amounts;	3645

~~(v)~~(vi) In fully collateralized repurchase agreements or	3646
other evidences of indebtedness that are of trust quality and are	3647
payable on demand or have a maturity date consistent with the	3648
purpose of the fund and the duty of fiduciary prudence.	3649

(2) "Registered investment company" means any investment	3650
company that is defined in and registered under sections 3 and 8	3651
of the "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A.	3652
80a-3 and 80a-8.	3653

(3) "Affiliated investment company" has the same meaning as	3654
in division (E)(1) of section 1111.13 of the Revised Code.	3655

(B) A fiduciary is not required to invest cash that belongs	3656
to the trust and may hold that cash for the period prior to	3657
distribution if either of the following applies:	3658

(1) The fiduciary reasonably expects to do either of the	3659
following:	3660

(a) Distribute the cash to beneficiaries of the trust on a	3661
quarterly or more frequent basis;	3662

(b) Use the cash for the payment of debts, taxes, or expenses	3663
of administration within the ninety-day period following the	3664
receipt of the cash by the fiduciary.	3665

(2) Determined on the basis of the facilities available to	3666
the fiduciary and the amount of the income that reasonably could	3667
be earned by the investment of the cash, the amount of the cash	3668
does not justify the administrative burden or expense associated	3669
with its investment.	3670

(C) If a fiduciary wishes to hold funds that belong to the	3671
trust in liquid form and division (B) of this section does not	3672
apply, the fiduciary may so hold the funds as long as they are	3673
temporarily invested as described in division (D) of this section.	3674

(D)(1) A fiduciary may make a temporary investment of cash	3675
that the fiduciary may hold uninvested in accordance with division	3676
(B) of this section, and shall make a temporary investment of	3677
funds held in liquid form pursuant to division (C) of this	3678
section, in any of the following investments, unless the governing	3679
instrument provides for other investments in which the temporary	3680
investment of cash or funds is permitted:	3681

(a) A short term trust-quality investment fund;

3682

(b) Direct obligations of the United States or of its	3683
agencies;	3684

(c) A deposit with a bank, savings bank, savings and loan	3685
association, or credit union, including a deposit with the	3686
fiduciary itself or any bank subsidiary corporation owned or	3687
controlled by the bank holding company that owns or controls the	3688
fiduciary, whose deposits are insured by the federal deposit	3689
insurance corporation, if the rate of interest paid on that	3690
deposit is at least equal to the rate of interest generally paid	3691
by that bank, savings bank, savings and loan association, or	3692
credit union on deposits of similar terms or amounts.	3693

(2) A fiduciary that makes a temporary investment of cash or	3694
funds pursuant to division (D)(1) of this section may charge a	3695
reasonable fee for the services associated with that investment.	3696
The fee shall be in addition to the compensation to which the	3697
fiduciary is entitled for ordinary fiduciary services.	3698

(3) Fiduciaries that make one or more temporary investments	3699
of cash or funds pursuant to division (D)(1) of this section shall	3700
provide to the beneficiaries of the trusts involved, that are	3701
currently receiving income or have a right to receive income, a	3702
written disclosure of their temporary investment practices and, if	3703
applicable, the method of computing reasonable fees for their	3704
temporary investment services pursuant to division (D)(2) of this	3705
section. Fiduciaries may comply with this requirement in any	3706
appropriate written document, including, but not limited to, any	3707
periodic statement or account.	3708

(4) A fiduciary that makes a temporary investment of cash or	3709
funds in an affiliated investment company pursuant to division	3710
(D)(1)(a) of this section shall, when providing any periodic	3711
account statements of its temporary investment practices, report	3712
the net asset value of the shares comprising the investment in the	3713
affiliated investment company.	3714

(5) If a fiduciary that makes a temporary investment of cash	3715
or funds in an affiliated investment company pursuant to division	3716
(D)(1)(a) of this section invests in any mutual fund, the	3717
fiduciary shall provide to the beneficiaries of the trust	3718
involved, that are currently receiving income or have a right to	3719
receive income, a written disclosure, in at least ten-point	3720
boldface type, that the mutual fund is not insured or guaranteed	3721
by the federal deposit insurance corporation or by any other	3722
government agency or government-sponsored agency of the federal	3723
government or of this state.	3724

Sec. 2109.38. Sections 2109.37, 2109.371, and 2109.372 of	3725
the Revised Code do not prohibit a fiduciary from retaining any	3726
part of a trust estate as received by ~~him~~the fiduciary even	3727
though ~~such~~that part is not of the class or percentage permitted	3728
to fiduciaries, or from retaining any investment made by ~~him~~the	3729
fiduciary after ~~such~~the investment ceases to be of a class or	3730
exceeds the percentage permitted by law, provided the	3731
circumstances are not such as to require the fiduciary to dispose	3732
of ~~such~~the investment in the performance of ~~his~~the fiduciary's	3733
duties.	3734

Sec. 2109.39. A fiduciary entitled to a distributive share	3735
of the assets of an estate or trust has the same right as other	3736
beneficiaries to accept or demand distribution in kind and may	3737
retain any security or investment so distributed to ~~him~~the	3738
fiduciary as though it were a part of the original estate received	3739
by ~~him~~the fiduciary.	3740

Sec. 2109.40. Unless the instrument creating a trust	3741
forbids, a fiduciary may do all of the things ~~which~~that an	3742
individual holder might do with respect to securities held by ~~him~~	3743
the fiduciary, including the exercise or sale of subscription	3744
rights, the acceptance of new stock in the same corporation in	3745
place of the stock held, or in the event of reorganization, sale,	3746
or merger in a different corporation, and with the approval of the	3747
probate court, the investment of additional funds ~~where~~if	3748
required of all shareholders participating in a reorganization.	3749

Sec. 2109.42. Subject to section 2109.372 of the Revised	3750
Code, a fiduciary who has funds belonging to a trust ~~which~~that	3751
are not required for payment of current obligations of ~~his~~the	3752
fiduciary's trust or distribution shall, unless otherwise ordered	3753
by the probate court, invest ~~such~~those funds within a reasonable	3754
time according to section 2109.37 or 2109.371 of the Revised Code.	3755
On failure to do so, ~~such~~the fiduciary shall account to the trust	3756
for ~~such~~any loss of interest asthat is found by the court to be	3757
due to ~~his~~the fiduciary's negligence.	3758

Sec. 2109.43. No fiduciary shall make any personal use of	3759
the funds or property belonging to a trust. For a violation of	3760
this section, ~~such~~the fiduciary and ~~his~~the fiduciary's bond	3761
shall be liable in an action for any loss occasioned by ~~such~~that	3762
use and for ~~such~~any additional amount by way of forfeiture, not	3763
exceeding the amount of the loss occasioned by ~~such~~the use, as	3764
that may be fixed by the probate court hearing ~~such~~the case. ~~Such~~	3765
Those amounts shall be payable for the benefit of the beneficiary,	3766
if living, and to ~~his~~the beneficiary's estate if hethe	3767
beneficiary is deceased. In addition to the penalties under this	3768
section, the court may remove the fiduciary pursuant to section	3769
2109.24 of the Revised Code for fraudulent conduct or dereliction	3770
of duty related to the fiduciary's personal use or misuse of funds	3771
or property belonging to a trust. However, if all interested	3772
persons consent to the fiduciary's use of the property in a signed	3773
writing filed with the probate court, the fiduciary may make	3774
personal use of property belonging to the trust.	3775

An action under this section shall be brought not later than	3776
one year after the termination of the trust or the discovery of	3777
~~such~~that loss.	3778

It is within the court's discretion, upon application, notice	3779
to interested persons, and a hearing, to allow the personal use of	3780
trust property by the fiduciary.	3781

Sec. 2109.44. (A) Fiduciaries shall not buy from or sell to	3782
themselves and shall not have in their individual capacities any	3783
dealings with the estate, except as expressly authorized by the	3784
instrument creating the trust and then only ~~1111.13 1111.14~~ with	3785
the approval of the probate court in each instance. No corporate	3786
fiduciary, , as defined in section 1101.01 of the Revised Code,	3787
that is not subject to examination or regulatory oversight by the	3788
superintendent of financial institutions, the comptroller of the	3789
currency, or the office of thrift supervision shall be permitted	3790
to deal with the estate, any power in the instrument creating the	3791
trust to the contrary notwithstanding. This section does not	3792
prohibit a fiduciary from making an advancement ~~when~~if the	3793
advancement has been expressly authorized by the instrument	3794
creating the trust or ~~when~~if the probate court approves or from	3795
engaging in any act authorized by this chapter.	3796

(B) The fiduciary may petition the court for authority to	3797
purchase property of the estate if all of the following	3798
requirements are met:	3799

(1) Written consent to the purchase is signed by the	3800
following:	3801

(a) Each known heir whose interest in the estate would be	3802
affected by the proposed purchase;	3803

(b) Each known devisee whose interest in the estate would be	3804
affected by the proposed purchase.	3805

(2) The written consents are filed with the court.

3806

(3) The purchase is shown to be to the advantage of the	3807
estate.	3808

(C) The court shall deliver notice of the hearing on the	3809
petition to the heirs, devisees, or legatees of the estate or any	3810
interested person.	3811

Sec. 2109.45. Before the probate court confirms a sale by an	3812
executor, administrator, guardian, assignee, or trustee made under	3813
an order allowing that officer to make a private sale, the court	3814
shall require that officer to file a statement indicating that the	3815
private sale was made after diligent endeavor to obtain the best	3816
price for the property and that the private sale was at the	3817
highest price hethe executor, administrator, guardian, assignee,	3818
or trustee could ~~get~~obtain for the property.	3819

Sec. 2109.46. When it appears to be for the best interests	3820
of the ~~trust~~entrusted estate, a fiduciary other than an executor	3821
or administrator may, with the approval of the probate court,	3822
borrow money and mortgage real ~~estate~~property belonging to the	3823
~~trust~~entrusted estate, whether ~~such~~the real ~~estate~~property was	3824
acquired by purchase or by descent and distribution.	3825

The fiduciary proposing so to borrow money ~~must~~shall file in	3826
the probate court ~~which~~that appointed ~~him~~the fiduciary a	3827
~~petition~~complaint describing all of the real ~~estate~~property in	3828
the trust and stating the nature and amount of the encumbrances	3829
~~thereon~~on that real property, the date ~~such~~those encumbrances	3830
became or will become due, and the rate of interest ~~thereon~~on	3831
those encumbrances. The ~~petition~~complaint shall also contain a	3832
statement of the personal property in the trust, the income from	3833
~~such~~the personal property, and the income from the real ~~estate~~	3834
property in ~~such~~the trust. ~~Such petition~~The complaint if filed	3835
by a guardian shall state the names, ages, and residences of the	3836
ward and next of kin known to be a resident ~~in the~~of this state,	3837
including the spouse of ~~such~~the ward and persons holding liens on	3838
~~such~~the real ~~estate~~property unless the liens will be	3839
extinguished, all of whom ~~must~~shall be made defendants and be	3840
notified of the pendency and prayer of the ~~petition~~complaint in	3841
~~such~~the manner asthat the court directs. In addition ~~such~~	3842
~~petition~~, the complaint shall contain a statement of the nature of	3843
the ~~imbecility~~incompetency or ~~insanity~~incapacity, if any, of	3844
~~such~~the ward, whether temporary or confirmed and its duration.	3845
Except as provided in this section, the defendants and notice	3846
~~thereto~~to the defendants shall be the same as though the real	3847
~~estate~~property proposed to be mortgaged were being sold by the	3848
fiduciary. The ~~petition~~complaint shall set forth the purpose of	3849
the loan, the amount required ~~therefor~~for the loan, and ~~such~~any	3850
other facts asthat may be pertinent to the question whether ~~such~~	3851
the money should be borrowed and shall contain a prayer that the	3852
fiduciary be authorized to mortgage so much of the ward's lands as	3853
may be necessary to secure ~~such~~the loan.	3854

Upon the filing of ~~such petition~~the complaint, the	3855
proceedings as to pleadings and proof shall be the same as on	3856
~~petition~~a complaint to sell real ~~estate~~property belonging to the	3857
trust.	3858

Sec. 2109.47. Before the probate court makes an order	3859
authorizing a guardian to mortgage real ~~estate~~property for the	3860
purpose of borrowing money to make repairs or improvements, the	3861
court shall appoint ~~three~~ disinterested persons whose duty it	3862
shall be to investigate fully the necessity for and the	3863
advisability of making the repairs or improvements and their	3864
probable cost and to report their conclusions to the court.	3865

Sec. 2109.48. If on the final hearing of a fiduciary's	3866
~~petition~~complaint to borrow money and mortgage real ~~estate~~	3867
property belonging to the trust it appears to be for the best	3868
interests of the trust that the prayer of the ~~petition~~complaint	3869
be granted, the probate court shall fix the amount necessary to be	3870
borrowed, direct what ~~lands~~real property shall be encumbered by	3871
mortgage to secure ~~such~~that amount, and issue an order to ~~such~~	3872
the fiduciary directing ~~him~~the fiduciary to ascertain and report	3873
to the court the rate of interest and the length of time for which	3874
hethe fiduciary can borrow ~~such~~that amount.	3875

If ~~such~~the report of the fiduciary and the terms proposed	3876
are satisfactory to the court, they may be accepted and confirmed	3877
and the fiduciary ordered, as fiduciary, to execute a note for	3878
~~such~~the amount to be borrowed and a mortgage on the ~~lands~~real	3879
property so designated, which shall be a valid lien ~~thereon~~on the	3880
property. The fiduciary in no way shall be personally liable for	3881
the payment of any part of the sum borrowed, but ~~such~~the	3882
mortgaged ~~lands~~real property alone shall be bound ~~therefor~~for	3883
its payment. ~~Such~~The court shall direct the distribution of the	3884
fund and the fiduciary shall report to the court, for its	3885
approval, the execution of ~~such~~the notes and mortgage and ~~his~~the	3886
fiduciary's distribution of the fund.	3887

Sec. 2109.49. The probate judge, ~~when~~if the probate judge	3888
~~deems~~considers it necessary or upon the written application of	3889
any party interested in the trust estate, may appoint a suitable	3890
~~persons~~person to investigate the administration of the trust or	3891
estate and report to the court. The expense ~~thereof~~of the	3892
investigation shall be taxed as costs against the party asking for	3893
~~such~~the examination or the trust fund, as the court may decree.	3894
This section shall not apply to a corporate trustee ~~which~~that is	3895
subject to section 1111.28 of the Revised Code.	3896

Sec. 2109.50. Upon complaint made to the probate court of	3897
the county having jurisdiction of the administration of ~~a trust~~an	3898
estate, a testamentary trust, or a guardianship or of the county	3899
~~wherein~~where a person resides against whom the complaint is made,	3900
by a person interested in ~~such trust~~the estate, testamentary	3901
trust, or guardianship or by the creditor of a person interested	3902
in ~~such trust~~the estate, testamentary trust, or guardianship	3903
against any person suspected of having concealed, embezzled, or	3904
conveyed away or of being or having been in the possession of any	3905
moneys, ~~chattels~~personal property, or choses in action of ~~such~~	3906
the estate, testamentary trust, or guardianship, ~~said~~the court	3907
shall by citation~~, attachment or warrant, or, if circumstances~~	3908
~~require it, by warrant or attachment in the first instance,~~or	3909
other judicial order compel the person or persons so suspected to	3910
~~forthwith~~ appear before it to be examined, on oath, touching the	3911
matter of the complaint. ~~Where~~If necessary ~~such~~, the citation,	3912
~~attachment or warrant~~or other judicial order may be issued into	3913
any county in the state and shall be served and returned by the	3914
officer to whom it is delivered. The officer to whom ~~such~~the	3915
process is delivered shall be liable for negligence in its service	3916
or return in ~~like~~a similar manner as sheriffs are liable for	3917
negligence in not serving or returning a capias issued upon an	3918
indictment. Before issuing an extra-county citation~~, attachment or~~	3919
~~warrant~~or other judicial order, the probate judge may require the	3920
complainant to post security with the probate court in ~~such~~an	3921
amount and in ~~such~~a form asthat the probate judge ~~shall find~~	3922
finds acceptable in order to cover the costs of the proceeding	3923
under this section, including in ~~such~~those costs a reasonable	3924
allowance for the ~~travelling~~travel expenses of the person or	3925
persons against whom an extra-county citation~~, attachment or~~	3926
~~warrant~~or other judicial order is to be issued. ~~Such~~The security	3927
may be in the form of a bond, the amount, terms, conditions, and	3928
sureties of which shall be subject to the approval of the probate	3929
judge.	3930

The probate court may initiate proceedings on its own motion.

3931

The probate court shall ~~forthwith~~promptly proceed to hear	3932
and determine the matter.	3933

The examinations, including questions and answers, shall be	3934
reduced to writing, signed by the party examined, and filed in the	3935
probate court.	3936

If required by either party, the probate court shall swear	3937
~~such~~the witnesses ~~as may be~~who are offered by either party	3938
touching the matter of ~~such~~the complaint and cause the	3939
examination of every ~~such~~ witness, including questions and	3940
answers, to be reduced to writing, signed by the witness, and	3941
filed in the probate court.	3942

All costs of ~~such~~the proceedings, including the reasonable	3943
~~travelling~~travel expenses of a person against whom an	3944
extra-county citation~~, attachment or warrant~~or judicial order is	3945
issued, shall be assessed against and paid by the party making the	3946
complaint, except as provided by section 2109.52 of the Revised	3947
Code.	3948

Sec. 2109.51. If a person compelled under section 2109.50 of	3949
the Revised Code to appear for examination refuses to answer	3950
interrogatories propounded, the probate court shall commit ~~such~~	3951
the person to the county jail, and ~~such~~the person shall remain in	3952
close custody until hethe person submits to the court's order.	3953

Sec. 2109.52. When passing on a complaint made under section	3954
2109.50 of the Revised Code, the probate court shall determine, by	3955
the verdict of a jury if either party requires it or without if	3956
not required, whether the person accused is guilty of having	3957
concealed, embezzled, conveyed away, or been in the possession of	3958
moneys, ~~chattels~~personal property, or choses in action of the	3959
~~trust~~ estate, testamentary trust, or guardianship. If ~~such~~the	3960
person is found guilty, the probate court shall assess the amount	3961
of damages to be recovered or the court may order the return of	3962
the specific thing concealed or embezzled or may order restoration	3963
in kind. The probate court may issue a citation or other judicial	3964
order into any county in this state~~, which citation~~that shall be	3965
served and returned as provided in section 2109.50~~, requiring~~of	3966
the Revised Code. The citation or other judicial order shall	3967
require any person ~~to appear before it~~ who claims any interest in	3968
the assets alleged to have been concealed, embezzled, conveyed, or	3969
held in possession ~~and at such~~to appear before the court. At the	3970
hearing, the court may hear and determine questions of title	3971
relating to ~~such~~those assets. In all cases, except when the	3972
person found guilty is the fiduciary, the probate court shall	3973
~~forthwith~~ render judgment in favor of the fiduciary or if there is	3974
no fiduciary in this state, the probate court shall render	3975
judgment in favor of the state, against the person found guilty,	3976
for the amount of the moneys or the value of the ~~chattels~~personal	3977
property or choses in action concealed, embezzled, conveyed away,	3978
or held in possession, together with ten per cent penalty and all	3979
costs of ~~such~~the proceedings or complaint; except that ~~such~~the	3980
judgment shall be reduced to the extent of the value of any thing	3981
specifically restored or returned in kind as provided in this	3982
section.	3983

If the person found guilty is the fiduciary, the probate	3984
court shall ~~forthwith~~ render judgment in favor of the state	3985
against ~~him~~the fiduciary for ~~such~~the amount of the moneys or the	3986
value of the personal property or choses in action concealed,	3987
embezzled, conveyed away, or held in possession, together with	3988
penalty and costs as provided in this section.	3989

Sec. 2109.53. If a judgment is rendered against a fiduciary	3990
under section 2109.52 of the Revised Code, hethe fiduciary shall	3991
~~forthwith~~ be removed by the probate court ~~and that part of the~~	3992
~~trust not already administered shall be committed to some other~~	3993
~~person~~. If any portion of the estate, testamentary trust, or	3994
guardianship remains to be administered by the probate court at	3995
the time of the removal of the fiduciary, the court shall appoint	3996
a new fiduciary to continue the administrative process. A	3997
fiduciary sothat is removed shall not receive compensation for	3998
acting as fiduciary and ~~must~~shall be charged ~~in his account with~~	3999
for the amount of ~~such~~the judgment. ~~Such~~The fiduciary's property	4000
also shall be liable for the satisfaction of the judgment on	4001
execution issued ~~thereon~~on the judgment by ~~his~~the fiduciary's	4002
successor.	4003

Sec. 2109.54. The fiduciary in whose favor a judgment has	4004
been rendered by the probate court under section 2109.52 of the	4005
Revised Code shall ~~forthwith~~ deliver to the clerk of the court of	4006
common pleas a certificate of ~~such~~that judgment in accordance	4007
with section 2329.04 of the Revised Code~~, which certificate the~~.	4008
The probate ~~judge~~court shall ~~make out~~complete and deliver the	4009
certificate to ~~such~~the fiduciary on demand. The clerk shall	4010
~~forthwith~~ issue an execution of the court of common pleas for the	4011
amount of the judgment and the costs that have accrued or that may	4012
accrue ~~thereon~~on the judgment. Thenceforth proceedings on	4013
execution shall be the same as if the judgment had been rendered	4014
in ~~such~~that court of common pleas.	4015

Sec. 2109.55. If a judgment is rendered in the name of the	4016
state under section 2109.52 of the Revised Code and there is no	4017
fiduciary within this state, the prosecuting attorney shall cause	4018
the certificate provided for in section 2109.54 of the Revised	4019
Code to be filed in the clerk's office and proceed ~~thereon~~ to	4020
execution on the judgment as provided in ~~such~~that section. ~~Such~~	4021
The prosecuting attorney shall pay the money realized upon ~~such~~	4022
the execution to the county treasurer for the use of ~~such trust~~	4023
the estate, testamentary trust, or guardianship, reserving ~~such~~	4024
the compensation to ~~himself as~~the prosecuting attorney that the	4025
probate court allows.	4026

Sec. 2109.56. All gifts, grants, or conveyances of ~~land,~~	4027
~~tenements, hereditaments~~real property, rents, or ~~chattels~~	4028
personal property and all bonds, judgments, or executions made or	4029
obtained with intent to avoid the purpose of the proceedings set	4030
forth in sections 2109.50 to 2109.55~~, inclusive,~~ of the Revised	4031
Code, or in contemplation of any examination or complaint provided	4032
for by ~~such~~those sections, shall be void.	4033

Sec. 2109.57. In any action or proceeding pending in a court	4034
of record, if it is made to appear to the court that any person	4035
entitled to all or a part of the proceeds of property sold in ~~such~~	4036
that action or proceeding is unknown or is a nonresident and not	4037
represented in ~~such~~the action or proceeding or that the person	4038
entitled cannot, at the time, definitely be ascertained, the	4039
probate court may appoint a trustee to whom the notes and	4040
mortgages for the unpaid part shall be made, delivered, and paid	4041
and to receive, hold, and manage ~~such~~the proceeds or part ~~thereof~~	4042
of the proceeds. ~~Such~~The trustee shall collect the unpaid part of	4043
the proceeds of the property sold, by action or otherwise, and	4044
shall pay over ~~such~~that fund only on the order of the probate	4045
court appointing ~~him~~the trustee.	4046

Payment to ~~such~~the trustee shall be a bar to any claim	4047
thereafter made by any person and the persons or corporations	4048
paying ~~such~~the money in no case shall be required to see to the	4049
application of the money paid.	4050

If a person entitled to any portion of the money held by ~~such~~	4051
the trustee fails for seven or more years after ~~such~~the trustee's	4052
appointment to make claim to the money and to present the proof	4053
necessary to entitle ~~such~~the person to ~~such~~the money, the	4054
prosecuting attorney of the county in which ~~such~~the trustee was	4055
appointed shall collect it, with the interest accrued ~~thereon~~on	4056
the money, from ~~such~~the trustee and pay it into ~~such~~the county's	4057
treasury, to be placed to the credit of the general fund.	4058

~~When~~Upon application to the probate court ~~which~~that	4059
appointed ~~such~~the trustee ~~is satisfied that a~~and presentment of	4060
the proof necessary to entitle the person ~~who appears and claims~~	4061
to the ~~moneys paid into the county treasury has a right to receive~~	4062
~~them,~~money, the court shall order the payment of the money to the	4063
person in whole or part, less the costs of collection by the	4064
prosecuting attorney~~, such court shall order the payment thereof~~	4065
~~to the person shown to be entitled to such moneys. Such~~. The	4066
person, on the judge's certificate, shall be given a warrant	4067
~~therefor~~for the money by the county auditor.	4068

Sec. 2109.58. Each fiduciary as to whom definite provision	4069
is not made in sections 2111.14 and 2115.02 of the Revised Code	4070
shall make and file within three months after ~~his~~the fiduciary's	4071
appointment a full inventory of the real and personal property	4072
~~belonging~~ to ~~the trust~~be entrusted with the fiduciary, its value,	4073
and the value of the yearly rent of the real property.	4074

Except as provided by section 2115.16 of the Revised Code,	4075
exceptions to the inventory of a fiduciary may be filed at any	4076
time within six months after the return of the inventory by any	4077
person interested in the ~~trust~~entrusted property or in any of the	4078
property included in the inventory, but the six-month period shall	4079
not apply in case of fraud or concealment of assets. At the	4080
hearing, the fiduciary and any witness may be examined under oath.	4081
The probate court shall enter its finding on the journal and tax	4082
the costs as may be equitable.	4083

Sec. 2109.59. If a fiduciary, upon demand, refuses or	4084
neglects to pay any creditor whose claim has been allowed by the	4085
fiduciary and not subsequently rejected or to pay any creditor or	4086
make distribution to any person interested in the estate whose	4087
claim or interest has been established by judgment, decree, or	4088
order of court, including an order of distribution, ~~such~~the	4089
creditor or other person may file a petition against the fiduciary	4090
in the probate court from which the fiduciary received ~~his~~the	4091
fiduciary's appointment to enforce ~~such~~the payment or	4092
distribution, briefly setting forth ~~therein~~in the petition the	4093
amount and nature of ~~his~~the creditor's or other person's claim or	4094
interest. ~~Such~~The petition shall not be filed against an executor	4095
or administrator until the expiration of the period prescribed in	4096
section 2117.30 of the Revised Code.	4097

When ~~such~~the petition is filed, the probate court shall	4098
issue a citation to the fiduciary setting forth the filing of the	4099
petition and the nature of the claim of the petitioner and	4100
commanding ~~such~~the fiduciary to appear before the court on the	4101
return day ~~thereof~~ to answer and show cause why a judgment should	4102
not be rendered or order entered against ~~him~~the fiduciary. ~~Such~~	4103
The citation shall be returnable not less than twenty nor more	4104
than forty days from its date and shall be served and returned by	4105
an officer as in the case of summons. ~~Such~~The citation may issue	4106
to any county in the state.	4107

On the return of the citation, the cause shall be set for	4108
hearing, unless for good cause shown it is continued. The probate	4109
court may hear and determine all questions necessary to ascertain	4110
and fix the amount due from the fiduciary to the petitioner and	4111
render ~~such~~the judgment or make ~~such~~the order asthat may be	4112
proper. If necessary, ~~such~~the court may hear, determine, and	4113
settle the rights and claims of all parties interested in the	4114
subject matter of the petition. For ~~such~~that purpose the probate	4115
court may ~~cause~~allow all parties in interest to be made parties	4116
to ~~such~~the petition by amended, supplemental, or ~~crosspetition~~	4117
cross-petition. The court shall cause notice to be served on all	4118
~~such~~the parties in the manner provided in this section for	4119
service of the citation upon the fiduciary.	4120

In any ~~such~~ proceeding under this section, the sureties on	4121
the bond of the fiduciary, if made parties ~~thereto~~to the	4122
proceeding, may make any defense that the fiduciary could make and	4123
the court may render ~~such~~the judgment or make ~~such~~the order with	4124
respect to the sureties asthat may be proper.	4125

Sec. 2109.60. When a proceeding set forth in section 2109.59	4126
of the Revised Code is pending in the probate court, ~~such~~the	4127
court, on motion of any party ~~thereto~~or on the court's own	4128
motion, may ~~reserve and send such~~transfer the cause to the court	4129
of common pleas ~~which~~, and the court of common pleas shall hear,	4130
settle, and determine all issues as provided in ~~such~~that section.	4131
In case of ~~such reservation~~the transfer, the probate court shall	4132
prepare a transcript of the proceedings in the cause, so far as it	4133
has progressed, ~~which~~that, with the petition and other papers	4134
~~therein~~in the proceedings, ~~forthwith~~ shall be filed with the	4135
clerk of the court of common pleas.	4136

Sec. 2109.61. An action may be prosecuted on the bond of a	4137
fiduciary against any one or more of the obligors ~~thereof~~on the	4138
bond by any person who has been injured by reason of the breach of	4139
any condition of the bond. ~~Such~~The action shall be prosecuted for	4140
the benefit of all persons who are interested in the estate and	4141
who have been similarly injured. Any such person or any obligor on	4142
the bond who is not already a party to the action may intervene	4143
~~therein~~in the action or be made a party ~~thereto~~to the action by	4144
supplemental, amended, or ~~crosspetition~~cross-petition. Notice of	4145
any action or proceeding against the bonded fiduciary shall be	4146
given to the surety.	4147

If a surety on the bond of a fiduciary is not made a party to	4148
an action or proceeding against ~~such~~the fiduciary, the fact that	4149
a judgment was rendered or an order was entered against the	4150
fiduciary shall constitute only prima-facie evidence of the	4151
justice and validity of the claim in an action subsequently	4152
brought against the sureties on the bond of the fiduciary.	4153

Sec. 2109.62. (A)(1) Upon the filing of a motion by a	4154
trustee with the court that has jurisdiction over the trust, upon	4155
the provision of reasonable notice to all beneficiaries who are	4156
known and in being and who have vested or contingent interests in	4157
the trust, and after holding a hearing, the court may terminate	4158
the trust, in whole or in part, if it determines that all of the	4159
following apply:	4160

(a) It is no longer economically feasible to continue the	4161
trust.	4162

(b) The termination of the trust is for the benefit of the	4163
beneficiaries.	4164

4165

(d) The current value of the trust is less than one hundred	4166
thousand dollars.	4167

(2) The existence of a spendthrift or similar provision in a	4168
trust instrument or will does not preclude the termination of a	4169
trust pursuant to this section.	4170

(B) If property is to be distributed from an estate being	4171
probated to a trust and the termination of the trust pursuant to	4172
this section does not clearly defeat the intent of the testator,	4173
the probate court has jurisdiction to order the outright	4174
distribution of the property or to make the property custodial	4175
property under sections 5814.01 to 5814.09 of the Revised Code. A	4176
probate court may so order whether the ~~application~~motion for the	4177
order is made by an inter vivos trustee named in the will of the	4178
decedent or by a testamentary trustee.	4179

(C) Upon the termination of a trust pursuant to this section,	4180
the probate court shall order the distribution of the trust estate	4181
in accordance with any provision specified in the trust instrument	4182
for the premature termination of the trust. If there is no	4183
provision of that nature in the trust instrument, the probate	4184
court shall order the distribution of the trust estate among the	4185
beneficiaries of the trust in accordance with their respective	4186
beneficial interests and in a manner that the court determines to	4187
be equitable. For purposes of ordering the distribution of the	4188
trust estate among the beneficiaries of the trust under this	4189
division, the court shall consider all of the following:	4190

(1) The existence of any agreement among the beneficiaries	4191
with respect to their beneficial interests;	4192

(2) The actuarial values of the separate beneficial interests	4193
of the beneficiaries;	4194

(3) Any expression of preference of the beneficiaries that is	4195
contained in the trust instrument.	4196

Sec. 2111.02. (A) ~~When~~If found necessary, the probate court	4197
on its own motion or on application by any interested party shall	4198
appoint, subject to divisions (C) and (D) of this section and to	4199
section 2109.21 and division (B) of section 2111.121 of the	4200
Revised Code, a guardian of the person, the estate, or both, of a	4201
minor or incompetent, provided the person for whom the guardian is	4202
to be appointed is a resident of the county or has a legal	4203
settlement in the county and, except in the case of a minor, has	4204
had the opportunity to have the assistance of counsel in the	4205
proceeding for the appointment of ~~such~~that guardian. An	4206
interested party includes, but is not limited to, a person	4207
nominated in a durable power of attorney as described in division	4208
(D) of section 1337.09 of the Revised Code or in a writing as	4209
described in division (A) of section 2111.121 of the Revised Code.	4210

Except when the guardian of an incompetent is an agency under	4211
contract with the department of developmental disabilities for the	4212
provision of protective services under sections 5123.55 to 5123.59	4213
of the Revised Code, the guardian of an incompetent, by virtue of	4214
~~such~~the appointment as guardian, shall be the guardian of the	4215
minor children of the guardian's ward, unless the court appoints	4216
some other person as their guardian.	4217

When the primary purpose of the appointment of a guardian is,	4218
or was, the collection, disbursement, or administration of moneys	4219
awarded by the veterans administration to the ward, or assets	4220
derived from ~~such~~those moneys, no court costs shall be charged in	4221
the proceeding for the appointment or in any subsequent	4222
proceedings made in pursuance of the appointment, unless the value	4223
of the estate, including the moneys then due under the veterans	4224
administration award, exceeds one thousand five hundred dollars.	4225

(B)(1) If the probate court finds it to be in the best	4226
interest of an incompetent or minor, it may appoint pursuant to	4227
divisions (A) and (C) of this section, on its own motion or on	4228
application by an interested party, a limited guardian with	4229
specific limited powers. The sections of the Revised Code, rules,	4230
and procedures governing guardianships apply to a limited	4231
guardian, except that the order of appointment and letters of	4232
authority of a limited guardian shall state the reasons for, and	4233
specify the limited powers of, the guardian. The court may appoint	4234
a limited guardian for a definite or indefinite period. An	4235
incompetent or minor for whom a limited guardian has been	4236
appointed retains all of the incompetent's or minor's rights in	4237
all areas not affected by the court order appointing the limited	4238
guardian.	4239

(2) If a guardian appointed pursuant to division (A) of this	4240
section is temporarily or permanently removed or resigns, and if	4241
the welfare of the ward requires immediate action, at any time	4242
after the removal or resignation, the probate court may appoint,	4243
ex parte and with or without notice to the ward or interested	4244
parties, an interim guardian for a maximum period of fifteen days.	4245
If the court appoints the interim guardian ex parte or without	4246
notice to the ward, the court, at its first opportunity, shall	4247
enter upon its journal with specificity the reason for acting ex	4248
parte or without notice, and, as soon as possible, shall serve	4249
upon the ward a copy of the order appointing the interim guardian.	4250
For good cause shown, after notice to the ward and interested	4251
parties and after hearing, the court may extend an interim	4252
guardianship for a specified period, but not to exceed an	4253
additional thirty days.	4254

(3) If a minor or incompetent has not been placed under a	4255
guardianship pursuant to division (A) of this section and if an	4256
emergency exists, and if it is reasonably certain that immediate	4257
action is required to prevent significant injury to the person or	4258
estate of the minor or incompetent, at any time after it receives	4259
notice of the emergency, the court, ex parte, may issue any order	4260
that it considers necessary to prevent injury to the person or	4261
estate of the minor or incompetent, or may appoint an emergency	4262
guardian for a maximum period of seventy-two hours. A written copy	4263
of any order issued by a court under this division shall be served	4264
upon the incompetent or minor as soon as possible after its	4265
issuance. Failure to serve ~~such an~~that order after its issuance	4266
or prior to the taking of any action under its authority does not	4267
invalidate the order or the actions taken. The powers of an	4268
emergency guardian shall be specified in the letters of	4269
appointment, and shall be limited to those powers that are	4270
necessary to prevent injury to the person or estate of the minor	4271
or incompetent. If the court acts ex parte or without notice to	4272
the minor or incompetent, the court, at its first opportunity,	4273
shall enter upon its journal a record of the case and, with	4274
specificity, the reason for acting ex parte or without notice. For	4275
good cause shown, after notice to the minor or incompetent and	4276
interested parties, and after hearing, the court may extend an	4277
emergency guardianship for a specified period, but not to exceed	4278
an additional thirty days.	4279

(C) Prior to the appointment of a guardian or limited	4280
guardian under division (A) or (B)(1) of this section, the court	4281
shall conduct a hearing on the matter of the appointment. The	4282
hearing shall be conducted in accordance with all of the	4283
following:	4284

(1) The proposed guardian or limited guardian shall appear at	4285
the hearing and, if appointed, shall swear under oath that the	4286
proposed guardian or limited guardian has made and will continue	4287
to make diligent efforts to file a true inventory in accordance	4288
with section 2111.14 of the Revised Code and find and report all	4289
assets belonging to the estate of the ward and that the proposed	4290
guardian or limited guardian faithfully and completely will	4291
fulfill the other duties of guardian, including the filing of	4292
timely and accurate reports and accountings;.	4293

(2) If the hearing is conducted by a ~~referee~~magistrate, the	4294
procedures set forth in Civil Rule 53 shall be followed;.	4295

(3) If the hearing concerns the appointment of a guardian or	4296
limited guardian for an alleged incompetent, the burden of proving	4297
incompetency shall be by clear and convincing evidence;.	4298

(4) Upon request of the applicant, the alleged incompetent	4299
for whom the appointment is sought or the alleged incompetent's	4300
counsel, or any interested party, a recording or record of the	4301
hearing shall be made;.	4302

(5) Evidence of a less restrictive alternative to	4303
guardianship may be introduced, and when introduced, shall be	4304
considered by the court;.	4305

(6) The court may deny a guardianship based upon a finding	4306
that a less restrictive alternative to guardianship exists;.	4307

(7) If the hearing concerns the appointment of a guardian or	4308
limited guardian for an alleged incompetent, the alleged	4309
incompetent has all of the following rights:	4310

(a) The right to be represented by independent counsel of the	4311
alleged incompetent's choice;	4312

(b) The right to have a friend or family member of the	4313
alleged incompetent's choice present;	4314

(c) The right to have evidence of an independent expert	4315
evaluation introduced;	4316

(d) If the alleged incompetent is indigent, upon the alleged	4317
incompetent's request:	4318

(i) The right to have counsel and an independent expert	4319
evaluator appointed at court expense;	4320

(ii) If the guardianship, limited guardianship, or standby	4321
guardianship decision is appealed, the right to have counsel	4322
appointed and necessary transcripts for appeal prepared at court	4323
expense.	4324

(D)(1) ~~When~~If a person has been nominated to be a guardian	4325
of the estate of a minor in or pursuant to a durable power of	4326
attorney as described in division (D) of section 1337.09 of the	4327
Revised Code or a writing as described in division (A) of section	4328
2111.121 of the Revised Code, the person nominated has preference	4329
in appointment over a person selected by the minor. A person who	4330
has been nominated to be a guardian of the person of a minor in or	4331
pursuant to a durable power of attorney or writing of that nature	4332
does not have preference in appointment over a person selected by	4333
the minor, but the probate court may appoint the person named in	4334
the durable power of attorney or the writing, the person selected	4335
by the minor, or another person as guardian of the person of the	4336
minor.	4337

(2) A person nominated as a guardian of an incompetent adult	4338
child pursuant to section 1337.09 or 2111.121 of the Revised Code	4339
shall have preference in appointment over a person applying to be	4340
guardian if the person nominated is competent, suitable, and	4341
willing to accept the appointment, and if the incompetent adult	4342
child does not have a spouse or an adult child and has not	4343
designated a guardian prior to the court finding the adult child	4344
incompetent.	4345

Sec. 2111.021. A competent adult who is physically infirm	4346
may petition the probate court of the county in which hethe	4347
petitioner resides, to place, for a definite or indefinite period	4348
of time, ~~his~~the petitioner's person, any or all of ~~his~~the	4349
petitioner's real or personal property, or both under a	4350
conservatorship with the court. A petitioner either may grant	4351
specific powers to the conservator or court or may limit any	4352
powers granted by law to the conservator or court, except that the	4353
petitioner may not limit the powers granted to the court by this	4354
section and may not limit the requirement for bond as determined	4355
by the court. The petition shall state whether the person of the	4356
competent adult will be placed under the conservatorship, shall	4357
state with particularity all real and personal property that will	4358
be placed under the conservatorship, shall state the powers	4359
granted and any limitation upon the powers of the conservator or	4360
court, and shall state the name of a proposed suitable	4361
conservator.	4362

After a hearing, if the court finds that the petition was	4363
voluntarily filed and that the proposed conservator is suitable,	4364
the court shall issue an order of conservatorship. Upon issuance	4365
of the order, all sections of the Revised Code governing a	4366
guardianship of the person, the estate, or both, whichever is	4367
involved, except those sections the application of which	4368
specifically is limited by the petitioner, and all rules and	4369
procedures governing ~~such~~ a guardianship of the person, the	4370
estate, or both, shall apply to the conservatorship, including,	4371
but not limited to, applicable bond and accounting requirements.	4372

A conservatorship shall terminate upon a judicial	4373
determination of incompetency, the death of the petitioner, the	4374
order of the probate court, or the execution of a written	4375
termination notice by the petitioner. A termination notice shall	4376
take effect upon execution by the petitioner, and shall be filed	4377
with the court and served upon the conservator. A termination	4378
notice executed by a petitioner relative to a conservatorship of	4379
the estate and the termination of a conservatorship of the estate	4380
based upon a termination notice are void unless the termination	4381
notice is filed with the court within fourteen days after its	4382
execution. Modification of the powers of a conservator or the	4383
court may be made by the petitioner upon motion to the court at	4384
any time during the conservatorship. Neither the establishment of	4385
a conservatorship nor the filing of a petition for conservatorship	4386
with the probate court shall be considered as evidence of mental	4387
impairment under section 2111.01 of the Revised Code.	4388

Upon motion to the probate court and a showing of good cause,	4389
the court may make confidential, or remove from confidential	4390
status, any file, record, petition, motion, account, or paper,	4391
except for an index, docket, or journal, that pertains to a	4392
conservatorship and that is in the possession of the court.	4393

Sec. 2111.031. In connection with an application for the	4394
appointment of a guardian for an alleged incompetent, the court	4395
may appoint physicians and other qualified persons to examine,	4396
investigate, or represent the alleged incompetent, to assist the	4397
court in deciding whether a guardianship is necessary. If the	4398
person is determined to be an incompetent and a guardian is	4399
appointed for ~~him~~the person, the costs, fees, or expenses	4400
incurred to so assist the court shall be charged either against	4401
the estate of the person or against the applicant, unless the	4402
court determines, for good cause shown, that the costs, fees, or	4403
expenses are to be recovered from the county, in which case they	4404
shall be charged against the county. If the person is not	4405
determined to be an incompetent or a guardian is not appointed for	4406
~~him~~the person, the costs, fees, or expenses incurred to so assist	4407
the court shall be charged against the applicant, unless the court	4408
determines, for good cause shown, that the costs, fees, or	4409
expenses are to be recovered from the county, in which case they	4410
shall be charged against the county.	4411

A court may require the applicant to make an advance deposit	4412
of an amount that the court determines is necessary to defray the	4413
anticipated costs of examinations of an alleged incompetent and to	4414
cover fees or expenses to be incurred to assist it in deciding	4415
whether a guardianship is necessary.	4416

This section does not affect or apply to the duties of a	4417
probate court investigator under sections 2111.04 and 2111.041 of	4418
the Revised Code.	4419

Sec. 2111.04. (A) Except for an interim or emergency	4420
guardian appointed under division (B)(2) or (3) of section 2111.02	4421
of the Revised Code, no guardian of the person, the estate, or	4422
both shall be appointed until at least seven days after the	4423
probate court has caused written notice, setting forth the time	4424
and place of the hearing, to be served as follows:	4425

(1) In the appointment of the guardian of a minor, notice	4426
shall be served as follows:	4427

(a) Upon the minor, if over the age of fourteen, by personal	4428
service;	4429

(b) Upon each parent of the minor whose name and address is	4430
known or with reasonable diligence can be ascertained, provided	4431
the parent is free from disability other than minority;	4432

(c) Upon the next of kin of the minor who are known to reside	4433
in this state, if there is no living parent, the name and address	4434
of the parent cannot be ascertained, or the parent is under	4435
disability other than minority;	4436

(d) Upon the person having the custody of the minor.

4437

(2) In the appointment of the guardian of an incompetent,	4438
notice shall be served as follows:	4439

(a)(i) Upon the person for whom appointment is sought by	4440
personal service, by a probate court investigator, or in the	4441
manner provided in division (A)(2)(a)(ii) of this section. The	4442
notice shall be in boldface type and shall inform the alleged	4443
incompetent, in boldface type, of ~~his~~the alleged incompetent's	4444
rights to be present at the hearing, to contest any application	4445
for the appointment of a guardian for ~~his~~the alleged	4446
incompetent's person, estate, or both, and to be represented by an	4447
attorney and of all of the rights set forth in division (C)(7) of	4448
section 2111.02 of the Revised Code.	4449

(ii) If the person for whom appointment is sought is a	4450
resident of, or has a legal settlement in, the county in which the	4451
court has jurisdiction, but is absent from that county, the	4452
probate court may designate, by order, a temporary probate court	4453
investigator, in lieu of a regular probate court investigator	4454
appointed or designated under section 2101.11 of the Revised Code,	4455
to make the personal service of the notice described in division	4456
(A)(2)(a)(i) of this section upon the person for whom appointment	4457
is sought.	4458

(b) Upon the next of kin of the person for whom appointment	4459
is sought who are known to reside in this state.	4460

(B) After service of notice in accordance with division (A)	4461
of this section and for good cause shown, the court may appoint a	4462
guardian prior to the time limitation specified in that division.	4463

(C) Notice may not be waived by the person for whom the	4464
appointment is sought.	4465

(D) From the service of notice until the hearing, no sale,	4466
gift, conveyance, or encumbrance of the property of an alleged	4467
incompetent shall be valid as to persons having notice of the	4468
proceeding.	4469

Sec. 2111.041. (A) At the time of the service of notice upon	4470
an alleged incompetent, as required by division (A)(2)(a) of	4471
section 2111.04 of the Revised Code, the court shall require a	4472
regular probate court investigator appointed or designated under	4473
section 2101.11 of the Revised Code or appoint a temporary probate	4474
court investigator to investigate the circumstances of the alleged	4475
incompetent, and, to the maximum extent feasible, to communicate	4476
to the alleged incompetent in a language or method of	4477
communication that hethe alleged incompetent can understand, ~~his~~	4478
the alleged incompetent's rights as specified in that division,	4479
and subsequently to file with the court a report that contains all	4480
of the following:	4481

(1) A statement indicating that the notice was served and	4482
describing the extent to which the alleged incompetent's rights to	4483
be present at the hearing, to contest any application for the	4484
appointment of a guardian for ~~his~~the alleged incompetent's	4485
person, estate, or both, and to be represented by an attorney were	4486
communicated to ~~him~~the alleged incompetent in a language or	4487
method of communication understandable to the alleged incompetent;	4488

(2) A brief description, as observed by the investigator, of	4489
the physical and mental condition of the alleged incompetent;	4490

(3) A recommendation regarding the necessity for a	4491
guardianship or a less restrictive alternative;	4492

(4) A recommendation regarding the necessity of appointing	4493
pursuant to section 2111.031 of the Revised Code, an attorney to	4494
represent the alleged incompetent.	4495

(B) The report that is required by division (A) of this	4496
section shall be made a part of the record in the case and shall	4497
be considered by the court prior to establishing any guardianship	4498
for the alleged incompetent.	4499

Sec. 2111.06. If the powers of the person appointed as	4500
guardian of a minor or incompetent are not limited by the order of	4501
appointment, ~~such~~the person shall be guardian both of the person	4502
and estate of the ward. In every instance the court shall appoint	4503
the same person as guardian of the person and estate of ~~any such~~	4504
the ward, unless in the opinion of the court the interests of the	4505
ward will be promoted by the appointment of different persons as	4506
guardians of the person and of the estate.	4507

A guardian of the person of a minor shall be appointed as to	4508
a minor having ~~neither~~no father ~~nor~~or mother, or whose parents	4509
are unsuitable persons to have the custody ~~and tuition~~ of ~~such~~the	4510
minor and to provide for the education of the minor as required by	4511
section 3321.01 of the Revised Code, or whose interests, in the	4512
opinion of the court, will be promoted ~~thereby~~by the appointment	4513
of a guardian. A guardian of the person shall have the custody and	4514
provide for the maintenance of the ward, and if the ward is a	4515
minor, ~~such~~the guardian shall also provide for the education of	4516
~~such~~the ward as required by section 3321.01 of the Revised Code.	4517

Before exercising its jurisdiction to appoint a guardian of a	4518
minor, the court shall comply with the jurisdictional standards of	4519
sections 3127.01 to 3127.53 of the Revised Code.	4520

Sec. 2111.07. Each person appointed guardian of the person	4521
and estate of a minor shall have the custody ~~and tuition~~ of ~~his~~	4522
the ward, the obligation to provide for the education of the ward	4523
as required under section 3321.01 of the Revised Code, and the	4524
management of ~~such~~the ward's estate during minority, unless ~~such~~	4525
the guardian is removed or discharged from ~~such~~that trust or the	4526
guardianship terminates from any of the causes specified in	4527
Chapters 2101. to 2131.~~, inclusive,~~ of the Revised Code.	4528

Sec. 2111.09. Unless expressly appointed or designated to	4529
act both as guardian and executor by a ~~last~~ will in writing, no	4530
person who is or has been an administrator or executor of a ~~last~~	4531
will shall, prior to the approval of ~~his~~the person's final	4532
account as ~~such~~ executor or administrator, be appointed a guardian	4533
of the person and estate or of the estate only of a ward who is	4534
interested in the estate administered upon or entitled to an	4535
interest under ~~such~~the will, except that a surviving spouse may	4536
be executor or administrator of the deceased spouse's estate and	4537
also guardian of the person and estate or of the estate only of a	4538
minor child of ~~such~~the surviving spouse, whether or not ~~such~~the	4539
minor child is interested in the estate of the deceased spouse.	4540
~~But~~However, an executor or an administrator may be appointed a	4541
guardian of the person only of a ward.	4542

Sec. 2111.091. No attorney who represents any other person	4543
~~other than himself~~and who is appointed as a guardian under this	4544
chapter or under any other provision of the Revised Code shall do	4545
either of the following:	4546

(A) Act as a person with co-responsibility for any	4547
guardianship asset for which the guardian ~~he represents~~ is	4548
responsible;	4549

(B) Be a cosignatory on any financial account related to the	4550
guardianship, including any checking account, savings account, or	4551
other banking or trust account.	4552

Sec. 2111.12. (A) A minor over the age of fourteen years may	4553
select a guardian who shall be appointed if a suitable person. If	4554
~~such~~the minor fails to select a suitable person, an appointment	4555
may be made without reference to the minor's wishes. The minor	4556
shall not select one person to be the guardian of the minor's	4557
estate only and another to be the guardian of the person only,	4558
unless the court ~~which~~that appoints the guardian is of the	4559
opinion that the interests of ~~such~~the minor will ~~thereby~~ be	4560
promoted by that selection.	4561

(B) A surviving parent by ~~last~~a will in writing may appoint	4562
a guardian for any of the surviving parent's children, whether	4563
born at the time of making the will or afterward, to continue	4564
during the minority of the child or for a less time.	4565

When the father or mother of a minor names a person as	4566
guardian of the estate of ~~such~~the minor in a will, the person	4567
named shall have preference in appointment over the person	4568
selected by ~~such~~the minor. A person named in ~~such a~~that will as	4569
guardian of the person of ~~such~~the minor shall have no preference	4570
in appointment over the person selected by ~~such~~the minor, but in	4571
~~such~~that event the probate court may appoint the person named in	4572
the will, the person selected by the minor, or some other person.	4573

Whenever a testamentary guardian is appointed, the	4574
testamentary guardian's duties, powers, and liabilities in all	4575
other respects shall be governed by the law regulating guardians	4576
not appointed by will.	4577

(C) A parent pursuant to a durable power of attorney as	4578
described in division (D) of section 1337.09 or a writing as	4579
described in division (A) of section 2111.121 of the Revised Code	4580
may nominate a person to be a guardian for one or more of the	4581
parent's minor children, whether born at the time of the making of	4582
the ~~petition~~nomination or afterward.	4583

Sec. 2111.131. (A) The probate court may enter an order that	4584
authorizes a person under a duty to pay or deliver money or	4585
personal property to a minor who does not have a guardian of the	4586
person and estate or a guardian of the estate, to perform that	4587
duty in amounts not exceeding five thousand dollars annually, by	4588
paying or delivering the money or property to any of the	4589
following:	4590

(1) The guardian of the person only of the minor;

4591

(2) The minor's natural guardians, if any, as determined	4592
pursuant to section 2111.08 of the Revised Code;	4593

(3) The ~~minor's own self~~minor;

4594

(4) Any person who has the care and custody of the minor and	4595
with whom the minor resides, other than a guardian of the person	4596
only or a natural guardian;	4597

(5) A financial institution incident to a deposit in a	4598
federally insured savings account in the sole name of the minor;	4599

(6) A custodian designated by the court in its order, for the	4600
minor under sections 5814.01 to 5814.09 of the Revised Code.	4601

(B) An order entered pursuant to division (A) of this section	4602
authorizes the person or entity specified in it, to receive the	4603
money or personal property on behalf of the minor from the person	4604
under the duty to pay or deliver it, in amounts not exceeding five	4605
thousand dollars annually. Money or personal property so received	4606
by guardians of the person only, natural guardians, and custodians	4607
as described in division (A)(4) of this section may be used by	4608
them only for the support, maintenance, or education of the minor	4609
involved. The order of the court is prima-facie evidence that a	4610
guardian of the person only, a natural guardian, or a custodian as	4611
described in division (A)(4) of this section has the authority to	4612
use the money or personal property received.	4613

(C) A person who pays or delivers moneys or personal property	4614
in accordance with a court order entered pursuant to division (A)	4615
of this section is not responsible for the proper application of	4616
the moneys or property by the recipient.	4617

Sec. 2111.14. (A) In addition to ~~his~~a guardian's other	4618
duties, every guardian appointed to take care of the estate of a	4619
ward shall have the following duties:	4620

~~(A)~~(1) To make and file within three months after ~~his~~the	4621
guardian's appointment a full inventory of the real and personal	4622
property of the ward, its value, and the value of the yearly rent	4623
of the real property, provided that, if the guardian fails to file	4624
the inventory for thirty days after ~~he has~~having been notified of	4625
the expiration of the time by the probate judge, the judge shall	4626
remove ~~him~~the guardian and appoint a successor;	4627

~~(B)~~(2) To manage the estate for the best interest of the	4628
ward;	4629

~~(C)~~(3) To pay all just debts due from the ward out of the	4630
estate in ~~his hands~~the possession or under the control of the	4631
guardian, collect all debts due to the ward, compound doubtful	4632
debts, and appear for and defend, or cause to be defended, all	4633
suits against the ward;	4634

~~(D)~~(4) To obey all orders and judgments of the courts	4635
touching the guardianship;	4636

~~(E)~~(5) To bring suit for the ward when a suit is in the best	4637
interests of the ward;	4638

~~(F)~~(6) To settle and adjust, when necessary or desirable, the	4639
assets that hethe guardian may receive in kind from an executor	4640
or administrator to the greatest advantage of the ward. Before a	4641
settlement and adjustment is valid and binding, it shall be	4642
approved by the probate court and the approval shall be entered on	4643
its journal. The guardian also shall have the approval of the	4644
probate court to hold the assets as received from the executor or	4645
administrator or to hold what may be received in the settlement	4646
and adjustment of those assets.	4647

(B) No guardian appointed to take care of the estate of a	4648
ward may open a safety deposit box held in the name of the ward,	4649
until the contents of the box have been audited by an employee of	4650
the county auditor in the presence of the guardian and until a	4651
verified report of the audit has been filed by the auditor with	4652
the probate court~~, which~~. The court then shall issue a release to	4653
the guardian permitting the guardian to have access to the safety	4654
deposit box of the ward.	4655

Sec. 2111.141. The court, by order or rule, may require that	4656
any inventory filed by a guardian pursuant to section 2111.14 of	4657
the Revised Code be supported by evidence that the inventory is a	4658
true and accurate inventory of the estate of the ward of the	4659
guardian~~, which~~. The evidence may include, but is not limited to,	4660
prior income tax returns, bank statements, and social security	4661
records of the ward or other documents that are relevant to	4662
determining the accuracy of the inventory. In order to verify the	4663
accuracy of an inventory, the court may order a guardian to	4664
produce any additional evidence that may tend to prove that the	4665
guardian is in possession of or has knowledge of assets that	4666
belong to the estate of ~~his~~the ward and that have not been	4667
included in the guardianship inventory~~, which~~. The additional	4668
evidence may include, but is not limited to, the guardian's income	4669
tax returns and bank statements and any other documents that are	4670
relevant to determining the accuracy of an inventory. The court	4671
may assign court employees or appoint an examiner to verify an	4672
inventory filed by a guardian. Upon appointment, the assigned	4673
court employees or appointed examiner shall conduct an	4674
investigation to verify the accuracy of the inventory filed by the	4675
guardian. Upon order of the court, the assigned court employees or	4676
appointed examiner may subpoena any documents necessary for ~~his~~	4677
the investigation. Upon completion of the investigation, the	4678
assigned court employees or appointed examiner shall file a report	4679
with the court. The court shall hold a hearing on the report with	4680
notice to all interested parties. At the hearing, the guardian	4681
shall have the right to examine and cross-examine any assigned	4682
court employees or appointed examiner who conducted the	4683
investigation and filed the report that is the subject of the	4684
hearing. The court shall charge any costs associated with the	4685
verification of an inventory filed by a guardian against the	4686
estate of the ward, except that, if the court determines that the	4687
guardian wrongfully withheld, or aided in the wrongful	4688
withholding, of assets from the inventory filed by the guardian,	4689
the court shall charge the costs against the guardian.	4690

Sec. 2111.16. Unless previously authorized by the court, no	4691
voucher that is signed or purports to be signed by the ward shall	4692
be received from or allowed as a credit in the settlement of a	4693
guardian's account ~~which is signed or purports to be signed by his~~	4694
~~ward~~.	4695

Sec. 2111.17. A guardian may sue in ~~his~~the guardian's own	4696
name, describing ~~himself as~~the guardian as suing on behalf of the	4697
ward ~~for whom he sues~~. When ~~his~~the guardianship ceases, actions	4698
or proceedings then pending shall not abate, if the right	4699
survives. ~~His~~The guardian's successor as guardian, the executor	4700
or administrator of the ward, or the ward ~~himself~~, if the	4701
guardianship has terminated other than by the ward's death, shall	4702
be made party to the suit or other proceeding as the case	4703
requires, in the same manner an executor or administrator is made	4704
a party to a similar suit or proceeding ~~where~~if the plaintiff	4705
dies during its pendency.	4706

Sec. 2111.181. ~~When~~If personal injury, damage to tangible	4707
or intangible property, or damage or loss on account of personal	4708
injury or damage to tangible or intangible property is caused to a	4709
minor, who claims to be emancipated, by wrongful act, neglect, or	4710
default ~~which~~that would entitle the minor to maintain an action	4711
and recover damages for the injury, damage, or loss, and ~~when~~if	4712
any minor who claims to be emancipated is entitled to maintain an	4713
action for damages or any other relief based on any claim, or is	4714
subject to any claim to recover damages or any other relief based	4715
on any claim, the minor, who claims to be emancipated, may file an	4716
application in the probate court in the county where hethe minor	4717
then resides, praying for a finding by the court that the minor is	4718
in fact emancipated, and authorizing, approving, and consenting to	4719
the settlement of the claim by the minor without the appointment	4720
of a guardian. Upon hearing on the application, after five days'	4721
written notice of the time and place of the hearing has been given	4722
to each of the living parents of the minor, whose name and address	4723
is known, provided the parent is free from disability other than	4724
minority, or, if there is no living parent, after ~~such~~that notice	4725
to the next of kin of the minor known to reside in the county, the	4726
court may find the minor to be emancipated ~~and~~, may authorize,	4727
approve, and consent to the settlement of the claim by the minor	4728
without the appointment of a guardian ~~and~~, may authorize the minor	4729
to receive and receipt for the settlement, and, upon the minor	4730
executing and delivering a full and complete release for the	4731
injuries, damages, losses, or claims, may authorize the delivery	4732
and payment of ~~such~~the moneys to the minor, to a trustee or	4733
guardian of the estate of the minor appointed by the court for the	4734
benefit of the minor, or to a depository authorized to receive	4735
fiduciary funds to hold the moneys payable to the ward when hethe	4736
ward attains majority, or for the benefit of the minor, as the	4737
court may direct.	4738

Upon the finding of the probate court that the minor was, at	4739
the time of the injury, damage, loss, or claim, an emancipated	4740
minor, and provided the notice required by this section has been	4741
given to each living parent, whose name and address is known, then	4742
the release executed by the emancipated minor shall be a full and	4743
complete discharge and release of any claim ~~which~~that either or	4744
both of the parents might have by reason of the personal injury,	4745
damage to tangible or intangible property, damage or loss on	4746
account of personal injury, or damage to tangible or intangible	4747
property, or any other claim of the minor.	4748

Sec. 2111.19. A guardian, whether appointed by a court in	4749
this state or elsewhere, may complete the contracts of ~~his~~the	4750
ward for the purchase or sale of real ~~estate~~property or any	4751
authorized contract relating to real ~~estate~~property entered into	4752
by a guardian who has died or been removed. ~~Said~~The appointed	4753
guardian shall proceed in the manner provided by sections 2113.48	4754
to 2113.50~~, inclusive,~~ of the Revised Code.	4755

Sec. 2111.20. The guardian of the person and estate, or of	4756
the estate only, may sell all or any part of the personal ~~estate~~	4757
property of the ward ~~when such~~if the sale is for the interest of	4758
the ward.	4759

Sec. 2111.21. The guardian of a ward who has or is claimed	4760
to have a right of dower, or a contingent right to it, in ~~lands or~~	4761
~~tenements~~real property of which the spouse of ~~such~~the ward was	4762
or is seized as an estate of inheritance, ~~where~~if the dower has	4763
not been assigned, may sell, compromise, or adjust ~~such~~the dower	4764
or may release ~~such~~the contingent right of dower in the event the	4765
spouse of ~~such~~the ward desires to mortgage ~~such~~the property upon	4766
~~such~~the terms ~~as such~~that the guardian ~~deems~~considers for the	4767
interest of ~~such~~the ward and upon ~~such~~the terms asthat the	4768
probate court of the county in which the guardian was appointed	4769
approves, or if ~~such~~the guardian was appointed to a foreign	4770
state, upon ~~such~~the terms asthat the probate court of the county	4771
~~wherein~~in which the ~~land~~real property is situated approves.	4772
After ~~such~~the approval, the guardian may execute and deliver all	4773
the necessary deeds, mortgages, releases, and agreements for the	4774
sale, compromise, assignment, or mortgage of ~~such~~the dower or	4775
contingent right to dower. As a basis for computing the value of	4776
an inchoate dower right in any sale, compromise, or adjustment	4777
pursuant to this section, the value of the ~~lands or tenements~~real	4778
property may be considered to be the sale price or, if there is no	4779
sale, the appraised value. ~~Such~~The sale, compromise, adjustment,	4780
or mortgage may be made upon application and entry in the pending	4781
proceedings.	4782

Sec. 2111.22. When a ward has title to real ~~estate~~property	4783
by tax title only, the guardian, by deed of release and quitclaim,	4784
may convey ~~such~~the ward's interest or title to the person	4785
entitled to redeem ~~such~~the real ~~estate~~property, upon receiving	4786
from ~~such~~that person the amount paid for ~~such~~the tax title with	4787
the forfeiture and interest allowed by sections 319.52 and 323.121	4788
of the Revised Code. If the guardian tenders ~~such~~that deed to the	4789
person entitled to redeem ~~such~~the real ~~estate~~property and he	4790
the person so entitled refuses to accept and pay for it, hethe	4791
person entitled shall not recover costs in any proceeding	4792
thereafter instituted to redeem ~~such~~the real ~~estate~~property.	4793

Sec. 2111.25. A guardian, of the person and estate or of the	4794
estate only, without application to the probate court, may lease	4795
the possession or use of any real ~~estate~~property of ~~his~~the ward	4796
for a term not exceeding three years, provided ~~such~~the term does	4797
not extend beyond the minority, if the ward is a minor. If the	4798
lease extends beyond the death of the ward or beyond the removal	4799
of the disability of a ward other than a minor, ~~such~~the lease	4800
shall terminate on ~~such~~that death or removal of disability,	4801
unless confirmed by the ward or ~~his~~the ward's legal	4802
representatives. In the event of such determination, the tenant	4803
shall have a lien on the premises for any sum expended by ~~him~~the	4804
tenant in pursuance of the lease in making improvements for which	4805
compensation was not made in rent or otherwise.	4806

Sec. 2111.26. A guardian may lease the possession and use of	4807
the real ~~estate~~property of ~~his~~the guardian's ward or any part of	4808
it for a term of years, renewable or otherwise, by perpetual	4809
lease, with or without the privilege of purchase, or may lease	4810
upon ~~such~~the terms and for ~~such~~the time asthat the probate	4811
court approves any lands belonging to the ward containing coal,	4812
gypsum, petroleum oil, natural gas, gravel, stone, or any other	4813
mineral substance for the purpose of drilling, mining, or	4814
excavating for and removing any of ~~such~~those substances, or ~~such~~	4815
the guardian may modify or change in any respect any lease	4816
previously made.	4817

~~Such~~The lease, or modification or change in a lease	4818
previously made, may be made when the guardian of the person and	4819
estate or of the estate only applies to the court by which hethe	4820
guardian was appointed and ~~such~~the court finds that the lease or	4821
modification or change is necessary for the support of the ward or	4822
of ~~his~~the ward's family, for the payment of the just debts of the	4823
ward, for the ward's education, if a minor, to secure the	4824
improvement of the real ~~estate~~property of the ward and increase	4825
the rent, to pay any liens or claims against ~~said~~the real ~~estate~~	4826
property, or if ~~such~~the court finds that ~~such~~the real ~~estate~~	4827
property is suffering unavoidable waste, or that in any other	4828
respect it will be for the best interests of the ward or those	4829
persons for whom the ward is required by law to provide.	4830

Sec. 2111.27. A guardian's application for authority to	4831
lease real ~~estate~~property of a ward shall be by petition setting	4832
forth the following:	4833

(A) The legal capacity of the petitioner;

4834

(B) The name of the ward, the character of ~~his~~the ward's	4835
disability, and if it is ~~idiocy, imbecility, or lunacy~~	4836
incompetence, whether ~~such~~the disability is curable or not,	4837
temporary, or confirmed, and its duration;	4838

(C) The number, names, ages, and residence of the family of	4839
the ward, including the spouse and those residents of the county	4840
who have the next estate of inheritance from ~~such~~the ward, all of	4841
whom, as well as the ward, ~~must~~shall be made defendants;	4842

(D) The indebtedness of the ward, the expense of supporting	4843
and maintaining ~~him~~the ward, the expense of educating ~~him~~the	4844
ward if hethe ward is a minor, and any other expense of the ward;	4845

(E) The value of all the property and effects of the ward	4846
including the real ~~estate~~property proposed to be leased;	4847

(F) The income of the ward and the net annual value to the	4848
ward of the real ~~estate~~property proposed to be leased;	4849

(G) A description of the real ~~estate~~property proposed to be	4850
leased and the probable amount for which ~~such~~the real ~~estate~~	4851
property can be leased;	4852

(H) A detailed statement of the improvements proposed to be	4853
made to the real ~~estate~~property sought to be leased;	4854

(I) The reasons for the proposed lease and the terms,	4855
covenants, conditions, and stipulations ~~thereof~~of the proposed	4856
lease, including the time for which it is proposed the real ~~estate~~	4857
property should be leased;	4858

(J) ~~Such~~Any other facts necessary to apprise the court fully	4859
of the necessity or benefit to the ward or the estate of the	4860
proposed lease, or ~~such~~any other facts asthat may be required by	4861
the court;	4862

(K) A prayer for the proper authority.

4863

Sec. 2111.28. In an application for authority to lease real	4864
~~estate~~property of a ward under sections 2111.26 and 2111.27 of	4865
the Revised Code, the guardian may act for two or more wards and	4866
two or more guardians of different wards may unite~~, when~~if all	4867
the wards are jointly or in common interested in the real ~~estate~~	4868
property. ~~When~~If the same person is guardian of two or more wards	4869
owning lands in common, ~~such~~the wards may be joined as defendants	4870
in the same petition under section 2111.27 of the Revised Code.	4871

The ward's spouse shall be made a defendant to ~~such~~the	4872
petition, and if the proposed lease is for the purpose of mining	4873
or removing mineral or other substances, and ~~if such~~the spouse	4874
files an answer consenting to the lease, free and discharged of	4875
all right and expectancy of dower ~~therein~~, ~~such~~the answer shall	4876
be a full release of ~~such~~the spouse's expectancy of dower when	4877
the lease is confirmed. Unless in ~~such~~the answer an allowance in	4878
lieu of dower is waived, the court shall allow, out of the	4879
proceeds of the lease, ~~such~~a sum in money asthat is the just and	4880
reasonable value of ~~such~~the expectancy of dower.	4881

Sec. 2111.29. When a guardian files an application for	4882
authority to lease the real ~~estate~~property of a ward, the same	4883
rules shall apply as to the parties and, upon the filing of the	4884
petition described in section 2111.27 of the Revised Code, ~~like~~	4885
similar proceedings shall be had as in an action to sell real	4886
~~estate~~property belonging to the ward under sections 2127.01 to	4887
2127.43~~, inclusive,~~ of the Revised Code, including services of	4888
summons, notice, appraisal, pleading, rule days, and proof.	4889

Sec. 2111.30. When a guardian applies for authority to lease	4890
the real ~~estate~~property of a ward, the duties of the appraisers	4891
shall be the same as in proceedings to sell real ~~estate~~property	4892
belonging to the ward under sections 2127.22 and 2127.23 of the	4893
Revised Code, except that they shall appraise not only the value	4894
of the real ~~estate~~property but also the value of the annual	4895
rental upon the terms, covenants, conditions, and stipulations of	4896
the proposed lease. If ~~said~~the proposed lease is for the mining	4897
or removal of mineral or other substances, the appraisers shall	4898
report in writing to the probate court their opinion as to the	4899
probability of the lands containing ~~such~~those substances, the	4900
probable quantity of ~~such~~the substances, and the terms upon which	4901
it would be advantageous to the ward to lease the lands for mining	4902
or removing ~~such~~the substances. In their report the appraisers	4903
shall state whether in their opinion, the proposed lease will be	4904
for the best interests of the ward, those whom hethe ward is	4905
required by law to support, or the estate. They may also suggest	4906
any change in the terms, covenants, and stipulations proposed in	4907
the petition. The report of the appraisers shall be returned on or	4908
before the day named in the order for the final hearing of the	4909
case. On the return of the appraisement, the guardian need not	4910
give an additional bond, but in case of sale under the terms of	4911
the lease, ~~such~~the guardian ~~must~~shall give ~~such~~the additional	4912
bond before the confirmation of the sale.	4913

Sec. 2111.31. If the report of the appraisers under section	4914
2111.30 of the Revised Code is favorable to the lease and on the	4915
final hearing the court is of the opinion that it will be to the	4916
advantage of the ward, those whom hethe ward is required by law	4917
to support, or the estate to lease the real ~~estate~~property, the	4918
probate court shall make an order authorizing the lease to be made	4919
by public or private letting, as it ~~deems~~considers best, on ~~such~~	4920
the terms, covenants, conditions, and stipulations, either in	4921
accordance with those set forth in the petition or otherwise, as	4922
that it directs, provided ~~such~~the terms, covenants, conditions,	4923
and stipulations are not less favorable to the ward than those	4924
reported by the appraisers. The lease shall not take effect until	4925
~~such~~the lease and the security, if any, ~~therein~~ prescribed in the	4926
lease are approved and confirmed.	4927

~~In the~~The lease made ~~in pursuance of such~~pursuant to the	4928
court order it may ~~be provided~~provide that the improvements shall	4929
be made by the tenant as part of the rent, or by the guardian,	4930
either out of the rent or other means of the ward as the court	4931
directs.	4932

If the lease is for the mining or removal of mineral or other	4933
substances and the guardian is unable to lease the lands upon the	4934
terms ordered, hethe guardian may report the fact to the court	4935
and ~~such~~the court may change the terms of leasing, but not below	4936
the customary royalty in the vicinity of ~~such~~the lands.	4937

Sec. 2111.33. (A) A guardian may use the moneys and personal	4938
~~estate~~property of ~~his~~the guardian's ward to improve ~~his~~the	4939
ward's real ~~estate~~property. ~~Such~~The guardian shall file in the	4940
probate court in which hethe guardian was appointed a petition	4941
containing the following:	4942

~~(A)~~(1) A description of the premises to be improved;

4943

~~(B)~~(2) The amount of rent the premises yield at the time the	4944
petition is filed;	4945

~~(C)~~(3) In what manner itthe improvement is proposed to ~~make~~	4946
~~such improvement~~be made;	4947

~~(D)~~(4) The proposed expenditures for ~~such~~the improvement;

4948

~~(E) What~~(5) The rent the premises will probably yield when	4949
so improved;	4950

~~(F)~~(6) A statement of the value of the ward's personal ~~estate~~	4951
property;	4952

~~(G)~~(7) Other facts ~~which~~that are pertinent to the question	4953
whether the improvement should be made;	4954

~~(H)~~(8) A prayer that ~~such~~the guardian be authorized to use	4955
so much of ~~his~~the ward's money and personal ~~estate as~~property	4956
that is necessary to make ~~such~~the improvement;	4957

~~(I)~~(9) The character of the disability of the ward, and if it	4958
is incompetency, whether ~~such~~the disability is curable or not,	4959
temporary, or confirmed, and its duration;	4960

~~(J)~~(10) The names, ages, and residence of the family of the	4961
ward, including the spouse and those known to be residents of the	4962
county who have the next estate of inheritance from the ward. All	4963
~~such~~of those persons, as well as the ward, ~~must~~shall be made	4964
defendants and notified of the pendency and prayer of the petition	4965
in ~~such~~the manner asthat the court directs.	4966

(B) If the property is so situated that, to the best	4967
interests of the ward's estate, it can be advantageously improved	4968
in connection with the improvement of property adjacent to it, the	4969
petition shall show this and have a prayer ~~in accordance therewith~~	4970
to so improve the property.	4971

Sec. 2111.34. Upon the filing of the petition described in	4972
section 2111.33 of the Revised Code, ~~like~~similar proceedings	4973
shall be had as to pleadings and proof as on petition by a	4974
guardian to sell the real ~~estate~~property of a ward under sections	4975
2127.01 to 2127.43~~, inclusive,~~ of the Revised Code. The probate	4976
court shall appoint three disinterested freeholders of the county	4977
as commissioners to examine the premises to be improved, to	4978
examine the surroundings, and to report to the court their opinion	4979
whether the improvement proposed will be advantageous to the	4980
estate of the ward.	4981

Sec. 2111.35. On the final hearing of a guardian's	4982
proceeding to improve the real ~~estate~~property of ~~his~~the	4983
guardian's ward, if the prayer of the petition is granted, the	4984
probate court shall fix the amount of money and personal ~~estate~~	4985
property that may be used in making ~~such~~the improvement. ~~Such~~The	4986
court may authorize ~~such~~the guardian to unite with the owners of	4987
adjacent property, upon ~~such~~ equitable terms and conditions as	4988
that the court approves, for the improvement of the premises of	4989
~~his~~the ward and for the proper management and repair of the	4990
property when so improved.	4991

Sec. 2111.36. A guardian shall distinctly report to the	4992
probate court the amount of money and personal property expended	4993
in making an improvement to the ward's real property under section	4994
2111.35 of the Revised Code, within forty days after the	4995
improvement is completed. If the ward dies before the removal of	4996
the disability and there are heirs who inherit real property only	4997
from ~~him~~the ward, the money expended shall descend and pass in	4998
the same manner as ~~his~~the ward's other personal property and	4999
shall be a charge on the premises improved in favor of the heirs	5000
who inherit the personal property.	5001

Sec. 2111.37. ~~When~~If a nonresident minor, incompetent, or	5002
person confined in a state, charitable, or correctional	5003
institution has real ~~estate, chattels,~~property or rights,	5004
credits, or moneys, or other personal property in this state, the	5005
probate court of the county in which the property or a part of it	5006
is situated may appoint a resident guardian of the ward to manage,	5007
collect, lease, and take care of the ward's property. The	5008
appointment may be made whether or not a ward has a guardian,	5009
trustee, or other conservator in the state of the ward's	5010
residence, and, if the ward has a guardian, trustee, or other	5011
conservator in the state of the ward's residence, the control and	5012
authority of the resident guardian appointed in ~~Ohio~~this state	5013
shall be superior as to all property of the ward in ~~Ohio~~this	5014
state.	5015

The first appointment of a resident guardian of a nonresident	5016
ward shall extend to all the property and effects of the ward in	5017
this state and exclude the jurisdiction of the probate court of	5018
any other county.	5019

Sec. 2111.38. The resident guardian of a nonresident ward	5020
shall give bond and be bound and controlled by all the statutes of	5021
~~Ohio~~this state as though hethe resident guardian were a guardian	5022
of a ward resident in this state, and shall have all of the	5023
authority of a guardian of a resident ward including the authority	5024
to lease or sell real ~~estate~~property belonging to the ward.	5025

Unless removed by the probate court, a resident guardian of a	5026
nonresident minor shall hold ~~his~~that appointment until ~~such~~the	5027
minor dies or arrives at the age of majority, whether or not ~~such~~	5028
the minor is over fourteen years of age at the time of	5029
appointment. A resident guardian of any other nonresident ward	5030
shall hold ~~his~~that appointment until the death of the ward or	5031
until the court is satisfied that the necessity for the	5032
guardianship no longer exists.	5033

All moneys due to ~~such~~the nonresident ward while ~~such~~the	5034
resident guardianship continues shall be paid over to ~~his~~the	5035
ward's foreign guardian so far as necessary or proper for the	5036
ward's support and maintenance. If the ward dies, ~~such~~the moneys	5037
shall be paid to ~~his~~the ward's ancillary administrator or other	5038
legal representative, provided that the court ~~which~~that appointed	5039
~~such~~the resident guardian has satisfactory proof, as provided by	5040
section 2111.39 of the Revised Code, of the authority of ~~such~~the	5041
foreign guardian, administrator, or other legal representative to	5042
receive the moneys or ~~estates~~properties of ~~such~~the nonresident	5043
ward, that the security given by ~~such~~the foreign guardian,	5044
administrator, or other legal representative is sufficient to	5045
protect ~~such~~the ward's interest or estate, and ~~provided such~~that	5046
the court ~~deems~~considers it best for ~~him~~the ward or ~~his~~the	5047
ward's estate.	5048

Sec. 2111.39. When a foreign legal representative of a	5049
nonresident ward applies to have all or any of the moneys or	5050
property in the ~~hands~~possession or under the control of the	5051
resident guardian of ~~such~~the ward paid or delivered to ~~him~~the	5052
foreign representative, ~~he must~~the foreign representative shall	5053
file ~~his~~a petition or motion in the probate court by which ~~such~~	5054
the resident guardian was appointed. ~~Such~~The resident guardian	5055
~~must~~shall be given thirty days' notice of the time of hearing	5056
~~thereon~~on the petition or motion, and ~~such~~the foreign	5057
representative ~~must~~shall produce an exemplification under the	5058
seal of the office, if there beis a seal, of the proper court of	5059
the state of ~~his~~the foreign representative's residence containing	5060
all the entries on record in relation to ~~his~~the foreign	5061
representative's appointment and qualification, authenticated as	5062
required by the act of congress in ~~such~~those cases. Upon the	5063
hearing ~~thereof~~, the court shall make ~~such~~an order asthat it	5064
~~deems~~considers for the best interests of ~~such~~the nonresident	5065
ward or ~~his~~the nonresident ward's estate.	5066

Sec. 2111.40. ~~When~~If a nonresident ward for whom a resident	5067
guardian was appointed has become a resident since the appointment	5068
and a guardian has been appointed for ~~such~~the ward, the probate	5069
court shall remove the resident guardian previously appointed and	5070
require an immediate settlement of ~~his~~the account of the resident	5071
guardian previously appointed.	5072

Sec. 2111.41. ~~When~~If a ward for whom a guardian has been	5073
appointed in this state removes to another state or territory, and	5074
a guardian of the ward is there appointed, the guardian in this	5075
state may be removed and required to settle ~~his~~that guardian's	5076
account.	5077

~~Such a~~That removal of the guardian in this state shall not	5078
be made unless the guardian appointed in another state or	5079
territory applies to the probate court in this state that made the	5080
former appointment, and files an exemplification from the record	5081
of the court making the foreign appointment containing all the	5082
entries and proceedings relating to ~~his~~the foreign guardian's	5083
appointment~~, his~~and giving bond, with a copy ~~thereof,~~of the bond	5084
and of the letters of guardianship, all authenticated as required	5085
by the act of congress. Before ~~such an~~the application is heard or	5086
action taken by the court, at least thirty days' written notice	5087
shall be served on the guardian appointed in this state specifying	5088
the object of the application, and the time it is to be heard.	5089

No ~~such~~ removal of a guardian under this section shall be	5090
made in favor of a foreign guardian, unless at the time of the	5091
hearing the state or territory in which hethe foreign guardian	5092
was appointed has a similar provision as to wards removing from	5093
that state or territory. The court shall grant the application	5094
unless it makes an affirmative finding that the removal of the	5095
guardian appointed in this state would not be in the interest of	5096
the ward.	5097

If on ~~such a~~the hearing the court removes the guardian, it	5098
shall make all suitable orders for discharging the guardian and	5099
shall deliver to the foreign guardian all moneys and other	5100
property in the ~~hands~~possession or under the control of the	5101
resident guardian after ~~his~~the resident guardian's settlement.	5102

Sec. 2111.44. Applications for the sale of real ~~estate~~	5103
property by guardians of wards who live out of this state shall be	5104
made in the county in which the land is situated. If ~~such~~the real	5105
~~estate~~property is situated in two or more counties, ~~such~~the	5106
application shall be made in one of the counties in which a part	5107
of it is situated. Additional security~~, which~~that may be approved	5108
by the probate court of the county in which the application is	5109
made, shall be required from ~~such~~the guardian ~~when deemed~~if	5110
considered necessary.	5111

Sec. 2111.46. When a guardian has been appointed for a minor	5112
before ~~such~~the minor is over fourteen years of age, ~~such~~the	5113
guardian's power shall continue until the ward arrives at the age	5114
of majority, unless removed for good cause or unless ~~such~~the ward	5115
selects another suitable guardian. After ~~such~~the selection is	5116
made and approved by the probate court and the person selected is	5117
appointed and qualified, the powers of the former guardian shall	5118
cease. ~~Thereupon his~~The former guardian's final account as	5119
guardian shall then be filed and settled in court.	5120

Upon the termination of a guardianship of the person, estate,	5121
or both of a minor before ~~such~~the minor reaches eighteen years of	5122
age, if a successor guardian is not appointed and if the court	5123
finds that ~~such~~the minor is without proper care, the court shall	5124
certify a copy of its finding together with as much of the record	5125
and ~~such~~any further information asthat the court ~~deems~~considers	5126
necessary, or as the juvenile court may request, to the juvenile	5127
court for further proceedings ~~and thereupon such~~. Upon that	5128
certification, the juvenile court shall have exclusive	5129
jurisdiction respecting ~~such child~~the minor.	5130

Sec. 2111.48. All sales, leases, encumbrances, or liens made	5131
or created on any real ~~estate~~property located in ~~Ohio~~this state	5132
by guardians for persons who are incompetent by reason of advanced	5133
age or mental or physical disability since August 17, 1919, by	5134
order of any court of this state shall not be declared invalid for	5135
the reason that ~~such~~the guardians for the incompetents were not	5136
vested with all the statutory powers given to guardians of ~~idiots,~~	5137
~~imbeciles, and lunatics~~incompetents. ~~Such~~Those acts of guardians	5138
for incompetents are legal and effective.	5139

Sec. 2111.50. (A)(1) At all times, the probate court is the	5140
superior guardian of wards who are subject to its jurisdiction,	5141
and all guardians who are subject to the jurisdiction of the court	5142
shall obey all orders of the court that concern their wards or	5143
guardianships.	5144

(2)(a) Subject to divisions (A)(2)(b) and (c) of this	5145
section, the control of a guardian over the person, the estate, or	5146
both of ~~his~~the guardian's ward is limited to the authority that	5147
is granted to the guardian by the Revised Code, relevant decisions	5148
of the courts of this state, and orders or rules of the probate	5149
court.	5150

(b) Except for the powers specified in division (E) of this	5151
section and unless otherwise provided in or inconsistent with	5152
another section of the Revised Code, the probate court may confer	5153
upon a guardian any power that this section grants to the probate	5154
court in connection with wards.	5155

(c) For good cause shown, the probate court may limit or	5156
deny, by order or rule, any power that is granted to a guardian by	5157
a section of the Revised Code or relevant decisions of the courts	5158
of this state.	5159

(B) In connection with any person whom the probate court has	5160
found to be an incompetent or a minor subject to guardianship and	5161
for whom the court has appointed a guardian, the court has,	5162
subject to divisions (C) to (E) of this section, all the powers	5163
that relate to the person and estate of the ~~person~~ward and that	5164
hethe ward could exercise if present and not a minor or under a	5165
disability, except the power to make or revoke a will. These	5166
powers include, but are not limited to, the power to do any of the	5167
following:	5168

(1) Convey or release the present, contingent, or expectant	5169
interests in real or personal property of the ~~person~~ward,	5170
including, but not limited to, dower and any right of survivorship	5171
incident to a survivorship tenancy, joint tenancy, or tenancy by	5172
the entireties;	5173

(2) Exercise or release powers as a trustee, personal	5174
representative, custodian for a minor, guardian, or donee of a	5175
power of appointment;	5176

(3) Enter into contracts, or create revocable trusts of	5177
property of the estate of the ~~person~~ward, that may not extend	5178
beyond the minority, disability, or life of the ~~person or~~ ward;	5179

(4) Exercise options to purchase securities or other	5180
property;	5181

(5) Exercise rights to elect options under annuities and	5182
insurance policies, and to surrender an annuity or insurance	5183
policy for its cash value;	5184

(6) Exercise the right to an elective share in the estate of	5185
the deceased spouse of the ~~person~~ward pursuant to section ~~2107.45~~	5186
2106.08 of the Revised Code;	5187

(7) Make gifts, in trust or otherwise, to relatives of the	5188
~~person~~ward and, consistent with any prior pattern of the ~~person~~	5189
ward of giving to charities or of providing support for friends,	5190
to charities and friends of the ~~person~~ward.	5191

(C) Except for the powers specified in division (D) of this	5192
section, all powers of the probate court that are specified in	5193
this chapter and that relate either to any person whom it has	5194
found to be an incompetent or a minor subject to guardianship and	5195
for whom it has appointed a guardian and all powers of a guardian	5196
that relate to ~~his~~the guardian's ward or guardianship as	5197
described in division (A)(2) of this section, shall be exercised	5198
in the best interest, as determined in the court's or guardian's	5199
judgment, of the following:	5200

(1) The ~~person~~ward whom the probate court has found to be an	5201
incompetent or a minor subject to guardianship;	5202

(2) The dependents of the ~~person~~ward;

5203

(3) The members of the household of the ~~person~~ward.

5204

(D) If the court is to exercise or direct the exercise,	5205
pursuant to division (B) of this section, of the power to make	5206
gifts in trust or otherwise, the following conditions shall apply:	5207

(1) The exercise of the particular power shall not impair the	5208
financial ability of the estate of the ~~person~~ward whom the	5209
probate court has found to be an incompetent or a minor subject to	5210
guardianship and for whom the court has appointed a guardian, to	5211
provide for ~~his~~the ward's foreseeable needs for maintenance and	5212
care;	5213

(2) If applicable, the court shall consider any of the	5214
following:	5215

(a) The estate, income, and other tax advantages of the	5216
exercise of a particular power to the estate of a ~~person~~ward whom	5217
the probate court has found to be an incompetent or a minor	5218
subject to guardianship and for whom the court has appointed a	5219
guardian;	5220

(b) Any pattern of giving of, or any pattern of support	5221
provided by, the ~~person~~ward prior to ~~his~~the ward's incompetence;	5222

(c) The disposition of property made by the ward's will of	5223
~~the person~~;	5224

(d) If there is no knowledge of a will of the ~~person~~ward,	5225
~~his~~the ward's prospective heirs;	5226

(e) Any relevant and trustworthy statements of the ~~person~~	5227
ward, whether established by hearsay or other evidence.	5228

(E)(1) The probate court shall cause notice as described in	5229
division (E)(2) of this section to be given and a hearing to be	5230
conducted prior to its exercise or direction of the exercise of	5231
any of the following powers pursuant to division (B) of this	5232
section:	5233

(a) The exercise or release of powers as a donee of a power	5234
of appointment;	5235

(b) Unless the amount of the gift is no more than one	5236
thousand dollars, the making of a gift, in trust or otherwise.	5237

(2) The notice required by division (E)(1) of this section	5238
shall be given to the following persons:	5239

(a) Unless a guardian of a ward has applied for the exercise	5240
of a power specified in division (E)(1) of this section, to the	5241
guardian;	5242

(b) To the ~~person~~ward whom the probate court has found to be	5243
an incompetent or a minor subject to guardianship;	5244

(c) If known, to a guardian who applied for the exercise of a	5245
power specified in division (E)(1) of this section, to the	5246
prospective heirs of the ~~person~~ward whom the probate court has	5247
found to be an incompetent or a minor subject to guardianship	5248
under section 2105.06 of the Revised Code, and any person who has	5249
a legal interest in property that may be divested or limited as	5250
the result of the exercise of a power specified in division (E)(1)	5251
of this section;	5252

(d) To any other persons the court orders.

5253

(F) When considering any question related to, and issuing	5254
orders for, medical or surgical care or treatment of incompetents	5255
or minors subject to guardianship, the probate court has full	5256
parens patriae powers unless otherwise provided by a section of	5257
the Revised Code.	5258

Sec. 2113.01. Upon the death of a resident of this state who	5259
dies intestate, letters of administration of ~~his~~the decedent's	5260
estate shall be granted by the probate court of the county in	5261
which hethe decedent was a resident at the time ~~he died~~of death.	5262

If the will of any person is admitted to probate in this	5263
state, letters testamentary or of administration shall be granted	5264
by the probate court in which ~~such~~the will was admitted to	5265
probate.	5266

Sec. 2113.03. (A) Subject to division ~~(D)~~(I) of this	5267
section, an estate may be released from administration under	5268
division (B) of this section if either of the following applies:	5269

(1) The value of the assets of the estate is thirty-five	5270
thousand dollars or less.	5271

(2) The value of the assets of the estate is one hundred	5272
thousand dollars or less and either of the following applies:	5273

(a) The decedent devised and bequeathed in a valid will all	5274
of the assets of the decedent's estate to a person who is named in	5275
the will as the decedent's spouse, and the decedent is survived by	5276
that person.	5277

(b) The decedent is survived by a spouse whose marriage to	5278
the decedent was solemnized in a manner consistent with Chapter	5279
3101. of the Revised Code or with a similar law of another state	5280
or nation, the decedent died without a valid will, and the	5281
decedent's surviving spouse is entitled to receive all of the	5282
assets of the decedent's estate under section 2105.06 of the	5283
Revised Code or by the operation of that section and division	5284
(B)(1) or (2) of section 2106.13 of the Revised Code.	5285

(B) Upon the application of any interested party, after	5286
notice of the filing of the application has been given to the	5287
surviving spouse and heirs at law in the manner and for the length	5288
of time the probate court directs, and after notice to all	5289
interested parties by publication in a newspaper of general	5290
circulation in the county, unless the notices are waived or found	5291
unnecessary, the court, when satisfied that division (A)(1) or (2)	5292
of this section is satisfied, may enter an order relieving the	5293
estate from administration and directing delivery of personal	5294
property and transfer of real ~~estate~~property to the persons	5295
entitled to the personal property or real ~~estate~~property.	5296

(C) For the purposes of this section, the value of an estate	5297
that reasonably can be considered to be in an amount specified in	5298
division (A)(1) or (2) of this section and that is not composed	5299
entirely of money, stocks, bonds, or other property the value of	5300
which is readily ascertainable, shall be determined by an	5301
appraiser selected by the applicant, subject to the approval of	5302
the court. The appraiser's valuation of the property shall be	5303
reported to the court in the application to relieve the estate	5304
from administration. The appraiser shall be paid in accordance	5305
with section 2115.06 of the Revised Code.	5306

(D) For the purposes of this section, the amount of property	5307
to be delivered or transferred to the surviving spouse, minor	5308
children, or both, of the decedent as the allowance for support	5309
shall be established in accordance with section 2106.13 of the	5310
Revised Code.	5311

~~When a delivery, sale, or transfer of personal property has~~	5312
~~been ordered from an estate that has been relieved from~~	5313
~~administration, the~~(E) The court may appoint a commissioner to	5314
execute all necessary instruments of conveyance, including the	5315
instruments of conveyance and other documents required for the	5316
transfer of title upon the sale of real property pursuant to	5317
section 2127.011 of the Revised Code. The commissioner shall	5318
receipt for the property, distribute the proceeds of the	5319
conveyance upon court order, and report to the court after	5320
~~distribution~~the delivery, sale, or transfer of personal or real	5321
property from an estate that has been relieved from	5322
administration.	5323

~~When~~(F) If the decedent died testate, the will shall be	5324
presented for probate, and, if admitted to probate, the court may	5325
relieve the estate from administration and order distribution of	5326
the estate under the will.	5327

(G) An order of the court relieving an estate from	5328
administration shall have the same effect as administration	5329
proceedings in freeing ~~land~~real property in the ~~hands~~possession	5330
or under the control of an innocent purchaser for value from	5331
possible claims of unsecured creditors.	5332

~~(C)~~(H) Any delivery of personal property or transfer of real	5333
~~estate~~property pursuant to an order relieving an estate from	5334
administration is made subject to the limitations pertaining to	5335
the claims of creditors set forth in divisions (B) and (C) of	5336
section 2117.06 of the Revised Code.	5337

~~(D)~~(I) The release of an estate from administration under	5338
this section does not affect any duty of any person to file an	5339
estate tax return and certificate under division (A) of section	5340
5731.21 of the Revised Code and does not affect the duties of a	5341
probate court set forth in that division.	5342

~~(E)~~(J) This section does not affect the ability of qualified	5343
persons to file an application for a summary release from	5344
administration under section 2113.031 of the Revised Code or to	5345
file an application for the grant of letters testamentary or	5346
letters of administration.	5347

Sec. 2113.04. (A) Any employer, including the state or a	5348
political subdivision, at any time after the death of ~~his or its~~	5349
an employee, may pay all wages or personal earnings due to the	5350
deceased employee to~~: (A) the surviving spouse; (B) any one or~~	5351
~~more of the children eighteen years of age or older; or (C) the~~	5352
~~father or mother of the deceased employee~~the following,	5353
preference being given in the order named, without requiring	5354
letters testamentary or letters of administration to be issued	5355
upon the estate of the deceased employee, and without requiring an	5356
Ohio estate tax release ~~where~~if the wages or personal earnings do	5357
not exceed ~~two~~five thousand ~~five hundred~~ dollars~~. The~~:	5358

(1) The surviving spouse;

5359

(2) Any one or more of the children eighteen years of age or	5360
older;	5361

(3) The father or mother of the deceased employee.

5362

(B) The payment of wages or personal earnings under division	5363
(A) of this section is a full discharge and release to the	5364
employer from any claim for the wages or personal earnings. If	5365
letters testamentary or letters of administration are thereafter	5366
issued upon the estate of the deceased employee, any person	5367
receiving payment of wages or personal earnings under ~~this section~~	5368
that division is liable to the executor or administrator for the	5369
sum received by ~~him~~the person.	5370

Sec. 2113.05. When a will is approved and allowed, the	5371
probate court shall issue letters testamentary to the executor	5372
named in the will or to the executor nominated by holders of a	5373
power as described in section 2107.65 of the Revised Code, or to	5374
the executor named in the will and to a coexecutor nominated by	5375
holders of ~~such a~~that power, if hethe executor or coexecutor is	5376
suitable, competent, accepts the appointment, and gives bond if	5377
that is required.	5378

If no executor is named in a will and no power as described	5379
in section 2107.65 of the Revised Code is conferred in the will,	5380
or if the executor named in a will or nominated pursuant to ~~such a~~	5381
that power dies, fails to accept the appointment, resigns, or is	5382
otherwise disqualified and the holders of ~~such a~~the power do not	5383
have authority to nominate another executor or ~~no such~~the power	5384
is not conferred in the will, or if ~~such a~~the power is conferred	5385
in a will but the power cannot be exercised because of the death	5386
of a holder of the power, letters of administration with the will	5387
annexed shall be granted to a suitable person or persons, named as	5388
devisees or legatees in the will, who would have been entitled to	5389
administer the estate if the decedent had died intestate, unless	5390
the will indicates an intention that the person or persons shall	5391
not be granted letters of administration. Otherwise, the court	5392
shall grant letters of administration with the will annexed to	5393
some other suitable person.	5394

Sec. 2113.06. (A) Administration of the estate of an	5395
intestate shall be granted to persons mentioned in this ~~section~~	5396
division, in the following order:	5397

~~(A)~~(1) To the surviving spouse of the deceased, if resident	5398
of the state;	5399

~~(B)~~(2) To one of the next of kin of the deceased, resident of	5400
the state.	5401

(B) If the persons entitled to administer the estate under	5402
division (A) of this section fail to take or renounce	5403
administration voluntarily, ~~they shall be cited by the probate~~	5404
~~court for that purpose~~the matter shall be set for hearing and	5405
notice given to the persons.	5406

(C) If there are no persons entitled to administration, or if	5407
they are for any reason unsuitable for the discharge of the trust,	5408
or if without sufficient cause they neglect to apply within a	5409
reasonable time for the administration of the estate, their right	5410
to priority shall be lost, and the court shall commit the	5411
administration to some suitable person who is a resident of the	5412
state, or to the attorney general or the attorney general's	5413
designee, if the department of job and family services is seeking	5414
to recover medical assistance from the deceased pursuant to	5415
section 5111.11 or 5111.111 of the Revised Code. ~~Such~~The person	5416
granted administration may be a creditor of the estate.	5417

(D) This section applies to the appointment of an	5418
administrator de bonis non.	5419

Sec. 2113.07. Before being appointed executor or	5420
administrator, every person shall make and file an application	5421
that shall contain the names of the surviving spouse and all the	5422
next of kin of the deceased known to the applicant, their	5423
~~post-office~~ addresses of usual residence if known, a statement in	5424
general terms ~~as to~~of what the estate consists of and its	5425
probable value, and a statement of any indebtedness the deceased	5426
had against the applicant.	5427

The application may be accompanied by a waiver signed by the	5428
persons who have priority to administer the estate, and, in the	5429
absence of a waiver, those persons shall be ~~cited by the probate~~	5430
~~court~~served notice for the purpose of ascertaining whether they	5431
desire to take or renounce administration. Minors who would have	5432
been entitled to priority to administer the estate except for	5433
their minority also shall be served notice pursuant to the Rules	5434
of Civil Procedure.	5435

Letters of administration shall not be issued upon the estate	5436
of an intestate until the person to be appointed has made and	5437
filed a statement indicating that ~~there is not to his~~the person	5438
has no knowledge of a ~~last~~ will ~~and testament~~ of the intestate.	5439

Sec. 2113.12. If a person named as executor in the will of a	5440
decedent, or nominated as an executor by holders of a power as	5441
described in section 2107.65 of the Revised Code, refuses to	5442
accept the trust, or, if after being ~~cited~~served notice for that	5443
purpose, neglects to appear and accept, or if hethe person named	5444
or nominated as executor neglects for twenty days after the	5445
probate of the will to give any required bond, the probate court	5446
shall grant letters testamentary to the other executor, if there	5447
is one capable and willing to accept the trust, and if there is no	5448
~~such~~ other executor named in the will or nominated by holders of a	5449
power as described in section 2107.65 of the Revised Code, the	5450
court shall commit administration of the estate, with the will	5451
annexed, to some suitable and competent person, pursuant to	5452
section 2113.05 of the Revised Code.	5453

Sec. 2113.13. When a person ~~appointed~~nominated as executor	5454
is under the age of eighteen years at the time of ~~proving~~	5455
admitting the will to probate, administration may be granted with	5456
the will annexed during ~~his~~the nominee's minority, unless there	5457
is another executor who will accept the trust. If there is ~~such an~~	5458
that other executor, the estate shall be administered by ~~him~~that	5459
executor until the minor arrives at full age when ~~such~~the former	5460
minor may be admitted as executor ~~with him~~ upon giving bond as	5461
provided in section 2109.04 of the Revised Code.	5462

Sec. 2113.14. The executor of an executor has no authority,	5463
as such, to administer the estate of the first testator. On the	5464
death of the sole or surviving executor of a ~~last~~ will,	5465
administration of that part of the estate of the first testator	5466
not already administered may be granted, with the will annexed, to	5467
~~such~~the person asthat the probate court appoints.	5468

Sec. 2113.15. When there is delay in granting letters	5469
testamentary or of administration, the probate court may appoint a	5470
special administrator to collect and preserve the effects of the	5471
deceased and grant the special administrator any other authority	5472
that the court considers appropriate.	5473

~~Such~~The special administrator ~~must~~shall collect the	5474
~~chattels~~assets and debts of the deceased and preserve them for	5475
the executor or administrator who thereafter is appointed. For	5476
that purpose ~~such~~the special administrator may begin ~~and~~,	5477
maintain, or defend suits as administrator and also sell ~~such~~	5478
~~goods as~~any assets the court orders sold. HeThe special	5479
administrator shall be allowed ~~such~~the compensation for ~~his~~the	5480
special administrator's services asthat the court thinks	5481
reasonable, if ~~he forthwith delivers the property and effects of~~	5482
~~the estate to the executor or administrator who supersedes~~ ~~him~~the	5483
special administrator faithfully fulfills the fiduciary duties.	5484

Sec. 2113.16. Upon granting of letters testamentary or of	5485
administration, the power of a special administrator appointed	5486
under section 2113.15 of the Revised Code shall ~~cease~~terminate	5487
and ~~he forthwith must deliver~~the special administrator shall	5488
transfer to the executor or administrator all the ~~chattels and~~	5489
~~moneys~~assets of the deceased in ~~his hands~~the possession or under	5490
the control of the special administrator. The special	5491
administrator shall file an account of the special administration	5492
within thirty days of the appointment of the executor or	5493
administrator. The account shall be in conformance with section	5494
2109.30 of the Revised Code. The executor or administrator may be	5495
admitted to prosecute any suit begun by the special administrator,	5496
as an administrator de bonis non is authorized to prosecute a suit	5497
commenced by a former executor or administrator.	5498

If ~~such~~the special administrator neglects or refuses to	5499
~~deliver over~~transfer the ~~property~~assets and estate to the	5500
executor or administrator, the probate court may compel ~~him to do~~	5501
sothe transfer by citation and attachment. The executor or	5502
administrator also may proceed, by civil action, to recover the	5503
value of the assets from ~~such~~the special administrator and ~~his~~	5504
the special administrator's sureties.	5505

Sec. 2113.17. A creditor's claim may be presented in	5506
accordance with section 2117.06 of the Revised Code to a special	5507
administration appointed under section 2113.15 of the Revised	5508
Code.	5509

Sec. 2113.18. (A) The probate court may remove any executor	5510
or administrator if there are unsettled claims existing between	5511
~~him~~the executor or administrator and the estate~~, which~~that the	5512
court thinks may be the subject of controversy or litigation	5513
between ~~him~~the executor or administrator and the estate or	5514
persons interested ~~therein~~in the estate.	5515

(B) The probate court may remove any executor or	5516
administrator upon motion of the surviving spouse, children, or	5517
other next of kin of the deceased person whose estate is	5518
administered by the executor or administrator if both of the	5519
following apply:	5520

(1) The executor or administrator refuses to bring an action	5521
for wrongful death in the name of the deceased person;.	5522

(2) The court determines that a prima-facie case for a	5523
wrongful death action can be made from the information available	5524
to the executor or administrator.	5525

Sec. 2113.19. When a sole executor or administrator dies	5526
without having fully administered the estate, the probate court	5527
shall grant letters of administration, with the will annexed or	5528
otherwise as the case requires, to some suitable person pursuant	5529
to section 2113.05 or 2113.06 of the Revised Code. ~~Such~~That	5530
person shall administer the ~~goods and estate~~assets of the	5531
deceased not previously administered~~, in case there is personal~~	5532
~~estate to be administered to the amount of twenty dollars or debts~~	5533
~~to that amount due from the estate~~.	5534

Sec. 2113.20. If a will of a deceased is proved and allowed	5535
after letters of administration have been granted as of an	5536
intestate estate, the first administration shall be revoked,	5537
unless before ~~such~~the revocation a ~~petition~~complaint contesting	5538
the probate of ~~such~~the will is filed in the probate court of	5539
~~common pleas~~. If ~~such~~ a ~~petition~~complaint of that nature is	5540
filed, the probate court may allow the administration to be	5541
continued ~~in the hands of~~by the original administrators until the	5542
final determination of ~~such~~the contest. If the will is sustained,	5543
the first administration ~~must~~shall be revoked. In either case,	5544
upon revocation of the first administration and the appointment of	5545
an executor or administrator with the will annexed, ~~such~~that	5546
executor or administrator shall be admitted to prosecute or defend	5547
any suit, proceeding, or matter begun by or against the original	5548
administrator, in ~~like~~the same manner as an administrator de	5549
bonis non is authorized to prosecute or defend a suit commenced by	5550
a former executor or administrator.	5551

Sec. 2113.21. (A) When a will is contested, the executor, the	5552
administrator de bonis non, with the will annexed, or the	5553
testamentary trustee may, during the contest, do the following:	5554

~~(A)~~(1) Control all the real ~~estate which is included in the~~	5555
~~will but not specifically devised~~property and all the personal	5556
~~estate~~property of the testator not administered before ~~such~~the	5557
contest;	5558

~~(B)~~(2) Collect the debts and convert all assets into money,	5559
except those ~~which~~that are specially bequeathed;	5560

~~(C)~~(3) Pay all taxes on ~~such~~the real and personal property	5561
and all debts;	5562

~~(D)~~(4) Repair buildings and make other improvements if	5563
necessary to preserve the real property from waste;	5564

~~(E)~~(5) Insure ~~such~~those buildings upon an order first	5565
obtained from the probate court having jurisdiction of ~~such~~the	5566
executor, administrator, or testamentary trustee;	5567

~~(F)~~(6) Advance or borrow money on the credit of ~~such~~the	5568
estate for ~~such~~the repairs, taxes, and insurance ~~which~~that shall	5569
be a charge ~~thereon~~on the estate;	5570

~~(G)~~(7) Receive and receipt for a distributive share of an	5571
estate or trust to which ~~such~~the testator would have been	5572
entitled, if living.	5573

(B) The court may require ~~such~~ additional bonds asthat from	5574
time to time ~~seems~~seem proper.	5575

Sec. 2113.22. An ~~administrator or~~ executor or administrator	5576
appointed in the place of an executor or administrator who has	5577
resigned or been removed, whose letters have been revoked, or	5578
whose authority has been extinguished is entitled to the	5579
possession of all the unadministered personal effects and assets	5580
of the estate ~~unadministered,~~ and all other funds collected and	5581
unaccounted for by ~~such~~the former executor or administrator, and	5582
may maintain a suit against the former executor or administrator	5583
and ~~his~~the former executor's or administrator's sureties on the	5584
administration bond to recover ~~such~~those effects, assets, and	5585
funds and for all damages arising from the maladministration or	5586
omissions of the former executor or administrator.	5587

Sec. 2113.25. ~~So far as the executor or administrator is~~	5588
~~able, the~~The executor or administrator of an estate shall collect	5589
the assets and complete the administration of that estate within	5590
~~thirteen~~six months after the date of appointment unless an	5591
extension of the time to file a final and distributive account is	5592
authorized under division (B) of section 2109.301 of the Revised	5593
Code.	5594

~~Upon application of the executor or administrator and notice~~	5595
~~to the interested parties, if the probate court considers that~~	5596
~~notice necessary, the court may allow further time in which to~~	5597
~~collect assets, to convert assets into money, to pay creditors, to~~	5598
~~make distributions to legatees or distributees, to file partial,~~	5599
~~final, and distributive accounts, and to settle estates. The~~	5600
~~court, upon application of any interested party, may authorize the~~	5601
~~examination under oath in open court of the executor or~~	5602
~~administrator upon any matter relating to the administration of~~	5603
~~the estate~~For good cause shown, the court may grant an extension	5604
of the time to file the inventory and accounts.	5605

Sec. 2113.26. The court, upon application of any interested	5606
party, may authorize the examination of the executor or	5607
administrator under oath in open court on any matter relating to	5608
the administration of the estate.	5609

Sec. 2113.30. (A) Except as otherwise directed by the	5610
decedent in the decedent's ~~last~~ will ~~and testament~~, an executor or	5611
administrator, without personal liability for losses incurred, may	5612
continue the decedent's business during four months next following	5613
the date of the appointment of that executor or administrator,	5614
unless the probate court directs otherwise, and for any further	5615
time that the court may authorize upon a hearing and after notice	5616
to the surviving spouse and distributees. In either case, no debts	5617
incurred or contracts entered into shall involve the estate beyond	5618
the assets used in that business immediately prior to the death of	5619
the decedent without first obtaining the approval of the court.	5620
During the time the business is continued, the executor or	5621
administrator shall file monthly reports in the court, setting	5622
forth the receipts and expenses of the business for the preceding	5623
month and any other pertinent information that the court may	5624
require. The executor or administrator may not bind the estate	5625
without court approval beyond the period during which the business	5626
is continued.	5627

(B) As used in this section, "decedent's business" means a	5628
business that is owned by the decedent as a sole proprietor at the	5629
time of the decedent's death. "Decedent's business" does not	5630
include a business that is owned in whole or in part by the	5631
decedent as a shareholder of a corporation, a member of a limited	5632
liability company, or a partner of a partnership, or under any	5633
other form of ownership other than a sole proprietorship.	5634

Sec. 2113.31. Every executor or administrator is chargeable	5635
with all ~~chattels, rights, and credits~~assets of the deceased	5636
~~which~~that come into ~~his hands~~the possession or under the control	5637
of the executor or administrator and are to be administered,	5638
although not included in the inventory required by section 2115.02	5639
of the Revised Code. ~~Such~~The executor or administrator is also	5640
chargeable with all the proceeds of personal property and real	5641
~~estate~~property sold for the payment of debts or legacies, and all	5642
the interest, profit, and income that in any way comes ~~to his~~	5643
~~hands~~into the possession or under the control of the executor or	5644
administrator from the personal ~~estate~~property of the deceased.	5645

Sec. 2113.311. (A) If, within a reasonable time after the	5646
appointment of the executor or administrator, no one in authority	5647
has taken over the management and rental of any real ~~estate~~	5648
property of which the decedent died seized, the executor or	5649
administrator, or an heir or devisee may, unless the will	5650
otherwise provides, make application to the probate court for an	5651
order authorizing the executor or administrator to assume ~~such~~	5652
those duties. ~~Such~~The application shall contain the following:	5653

(1) A brief statement of the facts upon which the application	5654
is based and ~~such~~any other pertinent information asthat the	5655
court may require;	5656

(2) A description or identification of the real ~~estate~~	5657
property and the interest owned by the decedent at the time of ~~his~~	5658
death;	5659

(3) The names and addresses, if known to the applicant, of	5660
the persons to whom ~~such~~the real ~~estate~~property passed by	5661
descent or devise.	5662

(B) Notice of the time of hearing on ~~such~~the application	5663
shall be given to the persons designated in ~~sub-paragraph~~ division	5664
(A)(3) of this section, unless for good cause the court dispenses	5665
with ~~such~~that notice, and also to the executor or administrator,	5666
unless the executor or administrator is the applicant.	5667

(C) If the court finds that the statements contained in the	5668
application are true and that it would be for the best interest of	5669
~~such~~those heirs or devisees that the application be granted, it	5670
may authorize the executor or administrator to assume the	5671
management and rental of ~~such~~the real ~~estate~~property.	5672

(D) The court may require bond, new or additional, in an	5673
amount to be fixed by the court and conditioned that the executor	5674
or administrator will faithfully and honestly discharge the duties	5675
devolving ~~upon him by~~from the provisions of this section.	5676

~~(B)~~(E) In the exercise of ~~such~~the authority granted under	5677
this section, the executor or administrator shall be authorized to	5678
do the following:	5679

(1) Collect rents;

5680

(2) From the rents collected:

5681

(a) Pay all taxes and assessments due on ~~such~~the real ~~estate~~	5682
property, and all ~~such~~ usual operating expenses in connection with	5683
~~the~~its management ~~thereof~~;	5684

(b) Make repairs when necessary to preserve ~~such~~the real	5685
~~estate~~property from waste, provided that an order of the court	5686
shall first be obtained if the cost of ~~such~~ repairs exceeds one	5687
hundred dollars;	5688

(c) Insure buildings against loss by fire or other casualty	5689
and against public liability;.	5690

(3) Advance money upon an order first obtained from the	5691
court, for ~~such~~the repairs, taxes, insurance, and all usual	5692
operating expenses~~, which~~that shall be a charge on ~~such~~the real	5693
~~estate~~property;	5694

(4) Rent the property on a month-to-month basis, or, upon an	5695
order first obtained from the court, for a period not to exceed	5696
one year;	5697

(5) Prosecute actions for forcible entry and ~~detention~~	5698
detainer of ~~such~~the real ~~estate~~property.	5699

(F) The executor or administrator shall, at intervals not to	5700
exceed twelve months, pay over to the heirs or devisees, if known,	5701
their share of the net rents, and shall account for all money	5702
received and paid out under authority of this section in ~~his~~the	5703
executor's or administrator's regular accounts of the	5704
administration of the estate, but in a separate schedule. If any	5705
share of the net rents remains unclaimed, it may be disposed of in	5706
the same manner as is provided for unclaimed money under section	5707
2113.64 of the Revised Code.	5708

(G) The authority granted under this section shall terminate	5709
upon the transfer of the real ~~estate~~property to the heirs or	5710
devisees in accordance with section 2113.61 of the Revised Code,	5711
or upon a sale ~~thereof~~of the real property, or upon application	5712
of the executor or administrator, or for a good cause shown, upon	5713
the application of an heir or devisee.	5714

(H) Upon application the court may allow compensation to the	5715
executor or administrator for extraordinary services~~, which~~that	5716
shall be charged against the rents, and if ~~said~~the rents beare	5717
insufficient, shall be a charge against ~~such~~the real ~~estate~~	5718
property.	5719

Upon application the court may allow reasonable attorney fees	5720
paid by the executor or administrator when an attorney is employed	5721
in connection with the management and rental of ~~such~~the real	5722
~~estate, which~~property that shall be charged against the rents,	5723
and if ~~said~~the rents beare insufficient, shall be a charge	5724
against ~~such~~the real ~~estate~~property.	5725

Sec. 2113.33. An executor or administrator is not	5726
accountable for debts inventoried as due to the decedent, if it	5727
appears to the probate court that, without ~~his~~the executor's or	5728
administrator's fault, they remain uncollected.	5729

Sec. 2113.34. If an executor or administrator neglects to	5730
sell personal property ~~which he~~that is required to ~~sell~~be sold,	5731
and retains, consumes, or disposes of it for ~~his~~the executor's or	5732
administrator's own benefit, hethe executor or administrator	5733
shall be charged ~~therewith~~with the personal property at double	5734
the value affixed ~~thereto~~to the property by the appraisers.	5735

Sec. 2113.35. (A) Executors and administrators shall be	5736
allowed ~~commissions~~fees upon the amount of all the personal	5737
~~estate~~property, including the income from the personal ~~estate~~	5738
property, that is received and accounted for by them and upon the	5739
proceeds of real ~~estate~~property that is sold, as follows: ~~(A)~~	5740

(1) For the first one hundred thousand dollars, at the rate	5741
of four per cent; ~~(B)~~	5742

(2) All above one hundred thousand dollars and not exceeding	5743
four hundred thousand dollars, at the rate of three per cent; ~~(C)~~	5744

(3) All above four hundred thousand dollars, at the rate of	5745
two per cent. ~~Executors~~	5746

(B) Executors and administrators ~~also~~ shall be allowed a	5747
~~commission~~fee of one per cent on the value of real ~~estate~~	5748
property that is not sold. Executors and administrators also shall	5749
be allowed a ~~commission~~fee of one per cent on all property that	5750
is not subject to administration and that is includable for	5751
purposes of computing the Ohio estate tax, except joint and	5752
survivorship property. ~~The~~	5753

(C) The basis of valuation for the allowance of ~~such~~	5754
~~commissions~~the fees on real ~~estate~~property sold shall be the	5755
gross proceeds of sale, and for all other property the fair market	5756
value of the other property as of the date of death of the	5757
decedent. The ~~commissions~~fees allowed to executors and	5758
administrators in this section shall be received in full	5759
compensation for all their ordinary services. If	5760

(D) If the probate court finds, after a hearing, that an	5761
executor or administrator, in any respect, has not faithfully	5762
discharged ~~his~~the duties as executor or administrator, the court	5763
may deny the executor or administrator any compensation whatsoever	5764
or may allow the executor or administrator the reduced	5765
compensation that the court thinks proper.	5766

Sec. 2113.36. Allowances, in addition to those provided by	5767
section 2113.35 of the Revised Code for an executor or	5768
administrator, ~~which~~that the probate court considers just and	5769
reasonable shall be made for actual and necessary expenses and for	5770
extraordinary services not required of an executor or	5771
administrator in the common course of ~~his duty~~the executor's or	5772
administrator's duties.	5773

Upon the application of an executor or administrator for	5774
further allowances for extraordinary services rendered, the court	5775
shall review both ordinary and extraordinary services claimed to	5776
have been rendered. If the ~~commissions~~fees payable pursuant to	5777
section 2113.35 of the Revised Code, exceed the reasonable value	5778
of ~~such~~the ordinary services rendered, the court ~~must~~shall	5779
adjust any allowance made for extraordinary services so that the	5780
total ~~commissions~~fees and allowances to be made fairly reflect	5781
the reasonable value of both ordinary and extraordinary services.	5782

~~When~~If an attorney has been employed in the administration	5783
of the estate, reasonable attorney fees paid by the executor or	5784
administrator shall be allowed as a part of the expenses of	5785
administration. The court may at any time during administration	5786
fix the amount of ~~such~~those fees and, on application of the	5787
executor or administrator or the attorney, shall fix the amount	5788
~~thereof~~of the fees. ~~When~~If provision is made by the will of the	5789
deceased for compensation to an executor, the amount provided	5790
shall be a full satisfaction for ~~his~~the executor's or	5791
administrator's services, in lieu of ~~such commissions~~the fees or	5792
~~his~~ share ~~thereof~~of the fees, unless by an instrument filed in	5793
the court within four months after ~~his~~ appointment hethe executor	5794
or administrator renounces all claim to the compensation given by	5795
the will.	5796

Sec. 2113.39. If a qualified executor, administrator, or	5797
testamentary trustee is authorized by will or devise to sell any	5798
class of personal property ~~whatsoever~~ or real ~~estate~~property, no	5799
order shall be required from the probate court ~~to enable him~~for	5800
the executor, administrator, or testamentary trustee to ~~act in~~	5801
~~pursuance of the power vested in him~~proceed with the sale. A	5802
power to sell authorizes a sale for any purpose ~~deemed~~considered	5803
by ~~such~~the executor, administrator, or testamentary trustee to be	5804
for the best interest of the estate, unless the power is expressly	5805
limited by ~~such~~the will or devise.	5806

Sec. 2113.40. (A) At any time after the appointment of an	5807
executor or administrator, the probate court, ~~when~~if satisfied	5808
that it would be for the best interests of the estate, may	5809
authorize ~~such~~the executor or administrator to sell at public or	5810
private sale, at a fixed price or for the best price obtainable,	5811
and for cash or on ~~such~~the terms asthat the court may determine,	5812
any part or all of the personal property belonging to the estate,	5813
except the following:	5814

~~(A) Such property as~~(1) Property that the surviving spouse	5815
desires to take at the appraised value;	5816

~~(B)~~(2) Property specifically bequeathed, ~~when~~if the sale of	5817
~~such~~that property is not necessary for the payment of debts,	5818
provided that ~~such~~the property may be sold with the consent of	5819
the person entitled ~~thereto~~to the property, including executors,	5820
administrators, guardians, and trustees;	5821

~~(C)~~(3) Property as to which distribution in kind has been	5822
demanded prior to the sale by the surviving spouse or other	5823
beneficiary entitled to ~~such~~the distribution in kind;	5824

~~(D)~~(4) Property ~~which~~that the court directs shall not be	5825
sold pursuant to a wish expressed by the decedent in ~~his~~the	5826
decedent's will; but at any later period, on application of a	5827
party interested, the court may, and for good cause shall, require	5828
~~such~~the sale to be made.	5829

(B) In case of a sale before expiration of the time within	5830
which the surviving spouse may elect to take at the appraised	5831
value, not less than ten days' notice of ~~such~~the sale shall be	5832
given to the surviving spouse, unless ~~such~~the surviving spouse	5833
consents to ~~such~~the sale or waives notice ~~thereof~~of the sale.	5834
~~Such~~The notice shall not be required as to perishable property.	5835

(C) The court may permit the itemized list of personal	5836
property being sold to be incorporated in documents and records	5837
relating to the sale, by reference to other documents and records	5838
~~which~~that have been filed in the court~~. Provided~~, provided that a	5839
court order shall not be required to permit the public sale of	5840
personal ~~goods and chattels~~property.	5841

Sec. 2113.41. (A) Public sales of personal property ~~mentioned~~	5842
as provided in section 2113.40 of the Revised Code shall be at	5843
public auction and, unless otherwise directed by the probate	5844
court, after notice of ~~such~~the sale has been given by any of the	5845
following methods:	5846

~~(A)~~(1) By advertisement appearing at least three times in a	5847
newspaper of general circulation in the county during a period of	5848
fifteen days next preceding ~~such~~the sale;	5849

~~(B)~~(2) By advertisement posted not less than fifteen days	5850
next preceding ~~such~~the sale in at least five public places in the	5851
township or municipal corporation where ~~such~~the sale is to take	5852
place;	5853

~~(C)~~(3) By both ~~such~~ forms of advertisement specified in	5854
divisions (A)(1) and (2) of this section.	5855

~~Such~~(B) The advertisement published or posted as described	5856
in divisions (A)(1) and (2) of this section shall specify	5857
generally the property to be sold and the date, place, and terms	5858
of the sale. The executor or administrator, if considered in the	5859
best interests of the estate, may employ an auctioneer or clerk,	5860
or both, to conduct ~~such~~the sale, and their reasonable fees and	5861
charges shall be deducted from the proceeds of the sale. The court	5862
for good cause may extend the time for sale.	5863

Sec. 2113.45. When a mortgagee of real ~~estate~~property, or	5864
an assignee of ~~such~~the mortgagee, dies without foreclosing the	5865
mortgage, the mortgaged premises and the debts secured ~~thereby~~by	5866
the mortgage shall be considered personal assets in the ~~hands~~	5867
possession or under the control of the executor or administrator	5868
of ~~such~~the estate of the mortgagee or assignee, and shall be	5869
administered and accounted for as such.	5870

If the mortgagee or assignee did not obtain possession of the	5871
mortgaged premises in ~~his~~the mortgagee's or assignee's lifetime,	5872
~~his~~the executor or administrator of the estate of the deceased	5873
mortgagee or assignee may take possession of the premises by open	5874
and peaceable entry or by action, as the deceased might have done	5875
if living.	5876

Sec. 2113.46. In case of the redemption of a mortgage	5877
belonging to the estate of a decedent, the money paid ~~thereon must~~	5878
on the redemption shall be received by the executor or	5879
administrator, and ~~thereupon he~~the executor or administrator	5880
shall release and discharge the mortgage. Until ~~such~~that	5881
redemption, if the executor, administrator, or decedent has taken	5882
possession of the mortgaged premises, the executor or	5883
administrator~~, if possession has been taken by him or by the~~	5884
~~decedent,~~ shall be seized of the mortgaged premises in trust for	5885
the same persons who would be entitled to the money if the	5886
premises had been redeemed.	5887

Sec. 2113.48. When a person who has entered into a written	5888
contract for the sale and conveyance of an interest in real ~~estate~~	5889
property dies before its completion, ~~his~~the executor or	5890
administrator ~~when~~of the decedent's estate, if not required to	5891
otherwise dispose of ~~such~~the contract, may, with the consent of	5892
the purchaser, obtain authority to complete ~~such~~the contract by	5893
filing an application ~~therefor~~for that authority in the probate	5894
court of the county in which hethe executor or administrator was	5895
appointed. Notice of the time of hearing on ~~such~~the application	5896
shall be given to the surviving spouse and heirs, if the decedent	5897
died intestate, and to the surviving spouse, and devisees or	5898
legatees having an interest in ~~such~~the contract, if the decedent	5899
died testate. If the court is satisfied that it would be for the	5900
best interests of the estate, it may authorize the executor or	5901
administrator to complete ~~said~~the contract and to execute and	5902
deliver to the purchaser ~~such~~the instruments asthat are required	5903
to make the order of the court effective.	5904

Sec. 2113.49. When a person who has entered into a written	5905
contract for the sale and conveyance of an interest in real ~~estate~~	5906
property dies before its completion, ~~his~~the executor or	5907
administrator of the decedent's estate, ~~when~~if not required to	5908
otherwise dispose of the contract, may file a ~~petition~~complaint	5909
for the alteration or cancellation of the contract, in the probate	5910
court of the county in which hethe executor or administrator was	5911
appointed, or in which the real ~~estate~~property or any part of it	5912
is situated. If the decedent died intestate, the surviving spouse	5913
and heirs, and if the decedent died testate, the surviving spouse,	5914
and devisees or legatees having an interest in the contract, ~~when~~	5915
if not the plaintiffs, shall, together with the purchaser, be made	5916
parties defendant.	5917

If, upon hearing, the court is satisfied that it is for the	5918
best interests of the estate, it may, with the consent of the	5919
purchaser, authorize the executor or administrator to agree to the	5920
alteration or cancellation of the contract, and to execute and	5921
deliver to the purchaser the instruments required to make the	5922
order of the court effective. Before making ~~such an~~its order, the	5923
court shall cause to be secured, to and for the benefit of the	5924
estate of the deceased, its just part of the consideration of the	5925
contract. The instruments executed and delivered pursuant to ~~such~~	5926
anthe court's order shall recite the order, and be as binding on	5927
the heirs and other parties in interest, as if made by the	5928
deceased ~~in his lifetime~~prior to death.	5929

Sec. 2113.50. When a person who has entered into a written	5930
contract for the purchase of an interest in real ~~estate~~property	5931
dies before athe conveyance ~~thereof~~of the interest to ~~him~~the	5932
person, ~~his~~the executor or administrator of the decedent's	5933
estate, orthe surviving spouse, or any heir, or any devisee or	5934
legatee having an interest in ~~such~~the contract, may file an	5935
application for authority to complete ~~such~~the contract in the	5936
probate court of the county in which the executor or administrator	5937
was appointed. Notice of the time of the hearing on ~~such~~the	5938
application shall be given to the surviving spouse and heirs, if	5939
the decedent died intestate, and to the surviving spouse, and	5940
devisees or legatees having an interest in ~~such~~the contract, if	5941
the decedent died testate, to the executor or administrator, if	5942
not the applicant, and to all other persons having an interest in	5943
~~such~~the real ~~estate~~property that is the subject of the contract.	5944
If the court is satisfied that it would be for the best interests	5945
of the estate, it may, with the consent of the vendor, authorize	5946
the executor or administrator to complete the contract, pay to the	5947
vendor the amount due on the contract, and authorize a conveyance	5948
of the interest in the real ~~estate~~property to the persons	5949
entitled ~~thereto~~to it. If, however, the court finds that the	5950
condition of the estate at the time of the hearing does not	5951
warrant the payment out of the estate of the amount due under the	5952
contract, it may authorize the persons entitled to the interest of	5953
the decedent in the contract to pay to the vendor the amount due	5954
on the contract. The real ~~estate~~property so conveyed shall	5955
thereafter be chargeable with the debts of the estate to the	5956
extent of the equitable interest of the estate ~~therein~~in the real	5957
property, and may be sold in land sale proceedings, except that in	5958
the event of ~~such~~that sale, the persons to whom the real ~~estate~~	5959
property shall have been conveyed shall have a prior lien on the	5960
proceeds as against the estate to the extent of any portion of the	5961
purchase price paid by them.	5962

The executor or administrator, or surviving spouse, or any	5963
heir, or any devisee or legatee having an interest in ~~such a~~the	5964
contract, may file a ~~petition~~complaint for the alteration or	5965
cancellation of the contract in the probate court of the county in	5966
which the executor or administrator was appointed. If the decedent	5967
died intestate, the surviving spouse and heirs, and if the	5968
decedent died testate, the surviving spouse, and devisees or	5969
legatees having an interest in ~~such~~the contract, and the executor	5970
or administrator, ~~when~~if not the plaintiff, together with the	5971
vendor, and all other persons having an interest in the real	5972
~~estate which~~property that is subject to the contract, shall be	5973
made parties defendant. If the court is satisfied that it would be	5974
for the best interests of the estate, the court, with the consent	5975
of the vendor, may authorize the executor or administrator to	5976
agree to the alteration or cancellation of the contract and to	5977
execute and deliver ~~such~~the deeds or other instruments to the	5978
vendor asthat are required to make the order of the court	5979
effective. ~~Such~~The deeds or other instruments asthat are	5980
executed and delivered pursuant to ~~such~~the court's order shall	5981
recite the order and be as binding on the parties to the suit as	5982
if made by the deceased ~~in his lifetime~~prior to death.	5983

Sec. 2113.51. The property of an estate ~~which~~that is	5984
specifically bequeathed may be delivered over to the legatee	5985
entitled ~~thereto~~to the property. ~~Such~~The legatee ~~must~~shall	5986
secure its redelivery on demand to the executor or administrator.	5987
Otherwise, ~~such~~the property ~~must~~shall remain in the ~~hands~~	5988
possession or under the control of the executor or administrator	5989
to be distributed or sold, as required by law and the condition of	5990
the estate.	5991

Sec. 2113.52. (A) A devisee taking real ~~estate~~property	5992
under a devise in a will, unless the will otherwise provides, or	5993
an heir taking real ~~estate~~property under the statutes of descent	5994
and distribution shall take the real ~~estate~~property subject to	5995
all taxes, penalties, interest, and assessments ~~which~~that are a	5996
lien against that real ~~estate~~property.	5997

(B) If real ~~estate~~property devised in a will is subject to a	5998
mortgage lien that exists on the date of the testator's death, the	5999
person taking the real ~~estate~~property under the devise has no	6000
right of exoneration for the mortgage lien, regardless of a	6001
general direction in the will to pay the testator's debts, unless	6002
the will specifically provides a right of exoneration that extends	6003
to that lien.	6004

Sec. 2113.54. When five months have expired after the	6005
appointment of an executor or administrator and the surviving	6006
spouse has made an election under section 2106.01 of the Revised	6007
Code, a legatee or distributee may apply to the probate court for	6008
an order requiring the executor or administrator to distribute the	6009
assets of the estate, either in whole or in part, in cash or in	6010
kind. Upon notice to the executor or administrator, the court	6011
shall inquire into the condition of the estate, and if all claims	6012
have been paid, or adequate provision has been or can be made for	6013
their payment, the court shall make ~~such~~that order with reference	6014
to distribution of the estate as the condition of the estate and	6015
the protection of all parties interested in the estate may demand.	6016
The order of the court shall provide that assets be set aside for	6017
the payment of claims rejected within two months or in suit, and	6018
each claimant for whom assets are to be set aside shall be	6019
entitled to be fully heard as to the nature and amount of the	6020
assets to be set aside for payment of ~~his~~the claim, and as to all	6021
other conditions in connection with the claim. Each legatee or	6022
distributee receiving distribution from the estate shall be liable	6023
to return the assets distributed to ~~him~~the legatee or	6024
distributee, or the proceeds from the assets, if they are	6025
necessary to pay ~~such~~those claims. The court, upon its own motion	6026
or upon application of the executor or administrator, as a	6027
condition precedent to any distribution, may require any legatee	6028
or distributee to give bond to the state with surety approved and	6029
in an amount fixed by the court, conditioned as provided in	6030
section 2113.53 of the Revised Code or as may be directed by the	6031
court. ~~Such~~The bond may be in addition to the assets to be set	6032
aside or partially or wholly in lieu of those assets, as the court	6033
shall determine.	6034

Sec. 2113.58. ~~When~~If by a ~~last~~ will ~~and testament~~ the use	6035
or income of personal property is given to a person for a term of	6036
years or for life and some other person has ana remainder	6037
interest in ~~such~~the property ~~as remainderman~~, the probate court,	6038
unless ~~such last~~the will ~~and testament~~ otherwise provides, may	6039
~~deliver such~~authorize delivery of the personal property to the	6040
person having the limited estate, with or without bond, as the	6041
court may determine; or the court may order that ~~such~~the property	6042
be held by the executor or some other trustee, with or without	6043
bond, for the benefit of the person having the limited estate. If	6044
bond is required of the person having the limited estate, or of	6045
the trustee, it may be increased or decreased, and if bond is not	6046
required in the first instance it may be required by the court at	6047
any time prior to the termination of the limited estate.	6048

Sec. 2113.61. (A)(1) When real property passes by the laws	6049
of intestate succession or under a will, the administrator or	6050
executor shall file in probate court, at any time after the filing	6051
of an inventory that includes the real property but prior to the	6052
filing of the administrator's or executor's final account, an	6053
application requesting the court to issue a certificate of	6054
transfer as to the real property. Real property sold by an	6055
executor or administrator or land registered under Chapters 5309.	6056
and 5310. of the Revised Code is excepted from the application	6057
requirement. Cases in which an order has been made under section	6058
2113.03 of the Revised Code relieving an estate from	6059
administration and in which the order directing transfer of real	6060
property to the person entitled to it may be substituted for the	6061
certificate of transfer also are excepted from the application	6062
requirement.	6063

(2) In accordance with division (C)(3)(b) of section 2113.031	6064
of the Revised Code, an application for a certificate of transfer	6065
of an interest in real property included in the assets of the	6066
decedent's estate shall accompany an application for a summary	6067
release from administration under that section. This section	6068
applies to the application for and the issuance of the requested	6069
certificate of transfer except to the extent that the probate	6070
court determines that the nature of any of the provisions of this	6071
section is inconsistent with the nature of a grant of a summary	6072
release from administration.	6073

(B) Subject to division (A)(2) of this section, the	6074
application for a certificate of transfer shall contain all of the	6075
following:	6076

(1) The name, place of ~~residence~~domicile at death, and date	6077
of death of the decedent;	6078

(2) A statement whether the decedent died testate or	6079
intestate;	6080

(3) The ~~fact and date of the filing and probate of the will,~~	6081
~~if applicable, and the fact and date of the appointment of the~~	6082
~~administrator or executor~~reason the property is being transferred	6083
to the devisee or devisees;	6084

(4) ~~A description of each parcel of real property situated in~~	6085
~~this state that is owned by the decedent at the time of death~~	6086
Whether any spousal elections have been exercised;	6087

(5) ~~Insofar as they can be ascertained, the names, ages,~~	6088
~~places of residence, and relationship to the decedent of the~~	6089
~~persons to whom each parcel of real property described in division~~	6090
~~(B)(4) of this section passed by descent or devise~~Whether any	6091
disclaimers or assignments have been filed;	6092

(6) A statement that all the known debts of the decedent's	6093
estate have been paid or secured to be paid, or that sufficient	6094
other assets are in hand to complete the payment of those debts or	6095
a statement that the estate is insolvent and the transfer is of	6096
the mansion house and is being made to satisfy all or a portion of	6097
the spousal allowance for support;	6098

(7) Other pertinent information that the court requires.

6099

(C) Subject to division (A)(2) of this section, within five	6100
days following the filing of an application for a certificate of	6101
transfer that complies with division (B) of this section, the	6102
court shall issue a certificate of transfer for record in each	6103
county in this state in which real property so passing is	6104
situated, that shall recite all of the following:	6105

(1) The name and date of death of the decedent;

6106

(2) Whether the decedent died testate or intestate ~~and, if~~	6107
~~testate, the volume and page of the record of the will~~;	6108

(3) The ~~volume and page~~case number of the probate court	6109
record of the administration of the estate;	6110

(4) The names and places of residence of the devisees, the	6111
interests passing to them, the names and places of residence of	6112
the persons inheriting intestate, and the interests inherited by	6113
them, in each parcel of real property ~~described in division (B)(4)~~	6114
~~of this section~~being transferred;	6115

(5) A description of each parcel of real property ~~described~~	6116
~~in division (B)(4) of this section~~being transferred;	6117

(6) Other information that in the opinion of the court should	6118
be included.	6119

(D) If an executor or administrator has failed to file an	6120
application for a certificate of transfer before being discharged,	6121
the application may be filed by an heir or devisee, or a successor	6122
in interest, in the probate court in which the testator's will was	6123
probated or, in the case of intestate estates, in the probate	6124
court in which administration was had. If no administration was	6125
had on an estate and if no administration is contemplated, except	6126
in the case of the grant of or contemplated application for the	6127
grant of an order of a summary release from administration under	6128
section 2113.031 of the Revised Code, an application for a	6129
certificate of transfer may be filed by an heir or devisee, or a	6130
successor in interest, in the probate court of the county in which	6131
the decedent was a resident at the time of death or in which the	6132
real property of the decedent is located.	6133

(E) A foreign executor or administrator, ~~when~~if no ancillary	6134
administration proceedings have been had or are being had in this	6135
state, may file in accordance with this section an application for	6136
a certificate of transfer in the probate court of any county of	6137
this state in which real property of the decedent is located.	6138

(F) When a person who has entered into a written contract for	6139
the sale and conveyance of an interest in real property dies	6140
before its completion, the interest of the decedent in the	6141
contract and the record title to the real property described in	6142
the contract may be transferred to the ~~persons, legatees,~~	6143
devisees, or heirs at law entitled to the interest of the decedent	6144
in the real property, in the same manner as provided in this	6145
section and ~~sections~~section 2113.62 ~~and 2113.63~~ of the Revised	6146
Code for the transfer of real property. The application for the	6147
certificate of transfer and the certificate itself also shall	6148
recite that the real property described in the application or	6149
certificate is subject to a written contract for its sale and	6150
conveyance.	6151

Sec. 2113.62. Upon receipt of the certificate provided for	6152
in section 2113.61 of the Revised Code, the county recorder shall	6153
record it in the books provided for the recording of deeds and	6154
index ~~such~~those records in the name of the decedent as grantor	6155
and the person to whom the real ~~estate~~property passes as grantee	6156
in the index provided for the record of deeds.	6157

Sec. 2113.67. When a person entitled to the money invested	6158
or turned into the county treasury under section 2113.64 of the	6159
Revised Code satisfies the probate court of ~~his~~the person's right	6160
to receive it, the court shall order it to be paid over and	6161
transferred to ~~him~~the person. In case it has been turned into the	6162
treasury, the county auditor shall give to ~~him~~the person a	6163
warrant ~~therefor~~for the money upon the certificate of the probate	6164
judge.	6165

Sec. 2113.68. The probate judge with whom the certificates	6166
or evidences of title required by section 2113.65 of the Revised	6167
Code are deposited and each succeeding judge to whom they come,	6168
and ~~his~~the judges' sureties, shall be responsible for their	6169
safekeeping and application, as provided in sections 2113.64 to	6170
2113.67~~, inclusive,~~ of the Revised Code.	6171

Sec. 2113.69. When newly discovered assets come into the	6172
~~hands~~possession or under the control of an executor or	6173
administrator after the filing of the original inventory required	6174
by section 2115.02 of the Revised Code, hethe executor or	6175
administrator shall administer, account for, and distribute ~~such~~	6176
those assets in ~~like~~the same manner as if received prior to the	6177
filing of ~~such~~the inventory. Within thirty days, hethe executor	6178
or administrator shall file in the probate court an itemized	6179
report of ~~such~~those assets, with an estimate of ~~the~~their value	6180
~~thereof~~, but shall not be required to make an inventory or	6181
appraisement of the ~~same~~assets unless ordered to do so by the	6182
court, either upon its own motion or upon the application of any	6183
interested party.	6184

Sec. 2113.70. An executor or administrator appointed in any	6185
other state or country, or ~~his~~the executor's or administrator's	6186
legal representatives, may be prosecuted in any appropriate court	6187
in this state in ~~his~~the capacity of executor or administrator.	6188

Sec. 2113.72. Any court of common pleas may compel a foreign	6189
administrator or executor residing in this state, or having assets	6190
or property ~~herein~~in this state, to account at the suit of an	6191
heir, distributee, or legatee, who is resident in this state, and	6192
make distribution of the amount found in ~~his hands~~the possession	6193
or under the control of the foreign administrator or executor to	6194
the respective heirs, distributees, or legatees according to the	6195
law of the state granting ~~such~~the letters of administration. ~~When~~	6196
If suits are pending or there are unsettled demands against ~~such~~	6197
the estate, the court also may require a refunding bond to be	6198
given to ~~such~~the foreign executor or administrator by the heirs,	6199
distributees, or legatees entitled ~~thereto~~to that distribution in	6200
case the amount paid is needed to pay debts of the estate.	6201

Sec. 2113.73. ~~When~~If a foreign administrator or executor	6202
has wasted, misapplied, or converted assets of an estate, or has	6203
insufficient property to discharge ~~his~~the foreign administrator's	6204
or executor's liability on account of the trust, or ~~his~~the	6205
foreign administrator's or executor's sureties are irresponsible,	6206
the distributees, heirs, or legatees, in any court of common pleas	6207
or probate court may compel ~~him~~the foreign administrator or	6208
executor to secure the amounts respectively due to them and any of	6209
~~his~~the foreign administrator's or executor's sureties may require	6210
indemnity on account of their liability as bail.	6211

Sec. 2113.74. The several provisional remedies and	6212
proceedings authorized by sections 2113.70 to 2113.73~~, inclusive,~~	6213
of the Revised Code, against a foreign executor or administrator	6214
also apply to the person and property of a foreign administrator	6215
or executor. The probate court or the court of common pleas may	6216
make any order or decree touching ~~his~~a foreign executor's or	6217
administrator's property and effects, or the assets of ~~such~~the	6218
estate, necessary for the security of those interested ~~therein~~in	6219
the property, effects, or assets.	6220

Sec. 2113.75. An executor or administrator appointed in any	6221
other state or country may commence and prosecute an action or	6222
proceeding in any court in this state, in ~~his~~the capacity as	6223
executor or administrator, in ~~like~~the same manner and under ~~like~~	6224
the same restrictions as a ~~non-resident~~nonresident is permitted	6225
to sue.	6226

Sec. 2113.81. ~~Where~~If it appears that a legatee or a	6227
distributee, or a beneficiary of a trust not residing within the	6228
United States or its territories will not have the benefit or,	6229
use, or control of the money or other property due ~~him~~the legatee	6230
or distributee from anthe estate or due the beneficiary from the	6231
trust, because of circumstances prevailing at the place of	6232
residence of ~~such~~the legatee,or distributee, or athe	6233
beneficiary of athe trust, the probate court may direct that ~~such~~	6234
the money be paid into the county treasury to be held in trust or	6235
the probate court may direct that ~~such~~the money or other property	6236
be delivered to a trustee ~~which~~. The trustee shall have the same	6237
powers and duties provided in section 2119.03 of the Revised Code	6238
for ~~such~~that legatee, distributee, beneficiary of athe trust, or	6239
~~such~~the persons who may thereafter be entitled ~~thereto~~to the	6240
money or other property. ~~Such~~The money or other property held in	6241
trust by ~~such~~the county treasurer or trustee shall be paid out by	6242
order of the probate judge in accordance with section 2113.82 of	6243
the Revised Code.	6244

The county treasury shall not be liable for interest on ~~such~~	6245
the money held in trust.	6246

Sec. 2113.82. When a person entitled to money or other	6247
property invested or turned into the county treasurer or to a	6248
trustee under section 2113.81 of the Revised Code satisfies the	6249
probate court of ~~his~~the person's right to receive it, the court	6250
shall order the county treasurer or the trustee to pay it over to	6251
~~such~~the person.	6252

Sec. 2113.85. As used in sections 2113.85 to 2113.90 of the	6253
Revised Code:	6254

(A) "Estate" means the gross estate of a decedent who is	6255
domiciled in this state, as determined for federal estate tax	6256
purposes under Subtitle B of the Internal Revenue Code of 1954, 26	6257
U.S.C. 2001, as amended, for Ohio estate tax purposes under	6258
Chapter 5731. of the Revised Code, and for estate tax purposes of	6259
any other jurisdiction that imposes a tax on the transfer of	6260
property by a decedent who is domiciled in this state.	6261

(B) "Person interested in the estate" means any person who is	6262
entitled to receive, or who has received, any property or property	6263
interest included in the decedent's estate. A "person interested	6264
in the estate" includes, but is not limited to, a personal	6265
representative, guardian, ~~and~~or trustee. A "person interested in	6266
the estate" does not include a creditor of the decedent or of ~~his~~	6267
the decedent's estate.	6268

(C) "Tax" means the federal estate tax determined under	6269
Subtitle B of the "Internal Revenue Code of 1954, 26 U.S.C. 2001,	6270
as amended, an Ohio estate tax determined under Chapter 5731. of	6271
the Revised Code, and the estate tax determined by any other	6272
jurisdiction that imposes a tax on the transfer of property by a	6273
decedent who is domiciled in this state.	6274

(D) "Fiduciary" means an executor, administrator, or other	6275
person who, by virtue of ~~his representation of~~representing the	6276
decedent's estate, is required to pay the tax.	6277

Sec. 2113.86. (A) Unless a will or another governing	6278
instrument otherwise provides, and except as otherwise provided in	6279
this section, a tax shall be apportioned equitably in accordance	6280
with the provisions of this section among all persons interested	6281
in an estate in proportion to the value of the interest of each	6282
person as determined for estate tax purposes.	6283

(B) Except as otherwise provided in this division, any tax	6284
that is apportioned against a gift made in a clause of a will	6285
other than a residuary clause or in a provision of an inter vivos	6286
trust other than a residuary provision, shall be reapportioned to	6287
the residue of the estate or trust. It shall be charged in the	6288
same manner as a general administration expense. However, when a	6289
portion of the residue of the estate or trust is allowable as a	6290
deduction for estate tax purposes, the tax shall be reapportioned	6291
to the extent possible to the portion of the residue that is not	6292
so allowable.	6293

(C)(1) A tax shall not be apportioned against an interest	6294
that is allowable as an estate tax marital or charitable	6295
deduction, except to the extent that the interest is a part of the	6296
residue of an estate or trust against which tax is reapportioned	6297
pursuant to division (B) of this section.	6298

(2) Estate tax of this state or another jurisdiction shall	6299
not be reapportioned against an interest that is allowable as a	6300
deduction for federal estate tax purposes, to the extent that	6301
there is other property in the estate or trust that is not	6302
allowable as a deduction for federal estate tax purposes and	6303
against which estate tax of this state or another jurisdiction can	6304
be apportioned.	6305

(D) A tax shall not be apportioned against property that	6306
passes to a surviving spouse as an elective share under section	6307
2106.01 of the Revised Code or as an intestate share under section	6308
2105.06 of the Revised Code, to the extent that there is other	6309
property in the estate that is not allowable as a deduction for	6310
estate tax purposes against which the tax can be apportioned.	6311

(E)(1) Any federal estate tax credit for state or foreign	6312
death taxes on property that is includible in an estate for	6313
federal estate tax purposes, shall inure to the benefit of the	6314
persons chargeable with the payment of the state or foreign death	6315
taxes in proportion to the amount of the taxes paid by each	6316
person, but any federal estate tax credit for state or foreign	6317
death taxes inuring to the benefit of a person cannot exceed the	6318
federal estate tax apportioned to that person.	6319

(2) Any federal estate tax credit for gift taxes paid by a	6320
donee of a gift shall inure to the benefit of that donee for	6321
purposes of this section.	6322

(3) Credits against tax not covered by division (E)(1) or (2)	6323
of this section shall be apportioned equitably among persons in	6324
the manner in which the tax is apportioned among them.	6325

(F) Any additional estate tax that is due because a qualified	6326
heir has disposed of qualified farm property in a manner not	6327
authorized by law or ceased to use any part of the qualified farm	6328
property for a qualified use, shall be apportioned against the	6329
interest of the qualified heir.	6330

(G) If both a present interest and a future interest in	6331
property are involved, a tax shall be apportioned entirely to the	6332
principal. This shall be the case even if the future interest	6333
qualifies for an estate tax charitable deduction, even if the	6334
holder of the present interest also has rights in the principal,	6335
and even if the principal is otherwise exempt from apportionment.	6336

(H) Penalties shall be apportioned in the same manner as a	6337
tax, and interest on tax shall be apportioned to the income of the	6338
estate or trust, unless a court directs a different apportionment	6339
of penalties or interest based on a finding that special	6340
circumstances make an apportionment as provided in this division	6341
inequitable.	6342

(I) If any part of an estate consists of property, the value	6343
of which is included in the gross estate of the decedent by reason	6344
of section 2044 of the "Internal Revenue Code of 1986," 100 Stat.	6345
2085, 26 N 2044, as amended, or of section 5731.131 of the Revised	6346
Code, the estate is entitled to recover from the persons holding	6347
or receiving the property any amount by which the estate tax	6348
payable exceeds the estate tax that would have been payable if the	6349
value of the property had not been included in the gross estate of	6350
the decedent. This division does not apply if ~~a decedent provides~~	6351
~~otherwise in his~~the decedent's will or another governing	6352
instrument provides otherwise and the will or instrument refers to	6353
either section mentioned in this division or to qualified	6354
terminable interest marital deduction property.	6355

Sec. 2113.87. (A) The fiduciary, or any person interested in	6356
the estate who objects to the manner of apportionment of a tax,	6357
may apply to the court that has jurisdiction of the estate and	6358
request the court to determine the apportionment of the tax. If	6359
there are no probate proceedings, the probate court of the county	6360
in which the decedent was domiciled at death, upon application by	6361
the fiduciary or any other person interested in the estate who	6362
objects to the manner of apportionment of a tax, shall determine	6363
the apportionment of the tax.	6364

(B) The fiduciary may notify any person interested in the	6365
estate of the manner of the apportionment of tax determined by the	6366
fiduciary. Upon receipt of ~~such a~~that notice, a person interested	6367
in the estate, within thirty days after the date of receipt of the	6368
notice, may indicate ~~his~~the person's objection to the manner of	6369
apportionment by application to a probate court as described in	6370
division (A) of this section. If the person interested in the	6371
estate fails to make the application within the thirty-day period,	6372
hethe person is bound by the manner of apportionment determined	6373
by the fiduciary. The notice described in this division shall	6374
state the name and address of the probate court with jurisdiction	6375
over the apportionment and include the following statement:	6376

"If you fail to file an objection to this proposed	6377
apportionment with the probate court within thirty days of the	6378
receipt of this notice, you are bound by the proposed	6379
apportionment."	6380

(C) If a probate court finds that an assessment of penalties	6381
and interest assessed with respect to a tax is due to delay caused	6382
by the negligence of the fiduciary, the court may charge the	6383
fiduciary with the amount of the assessed penalties and interest.	6384
In any suit or judicial proceeding to recover from any person	6385
interested in the estate the amount of the tax apportioned to that	6386
person, the determination of the probate court is conclusive.	6387

Sec. 2113.88. (A) The fiduciary may withhold from any	6388
property distributable to any person interested in the estate the	6389
amount of tax attributable to the person's interest. If the	6390
property in possession of the fiduciary and distributable to any	6391
person interested in the estate is insufficient to satisfy the	6392
proportionate amount of the tax determined to be due from that	6393
person, the fiduciary may recover the deficiency from that person.	6394
If the property is not in the possession of the fiduciary, the	6395
fiduciary may recover from any person interested in the estate the	6396
amount of the tax apportioned to that person in accordance with	6397
this section by filing a complaint to recover the tax in the	6398
probate court that has jurisdiction of the administration of the	6399
estate.	6400

(B) If the property held by the fiduciary is distributed	6401
prior to final apportionment of the tax, the distributee shall	6402
provide a bond or other security for the apportionment liability	6403
in the form and amount prescribed by the fiduciary, with the	6404
approval of the probate court that has jurisdiction of the	6405
administration of the estate.	6406

Sec. 2115.02. Within three months after the date of the	6407
executor's or administrator's appointment, unless the probate	6408
court grants an extension of time for good cause shown, the	6409
executor or administrator shall file with the court an inventory	6410
of the decedent's interest in real ~~estate~~property located in this	6411
state and of the tangible and intangible personal property of the	6412
decedent that is to be administered and that has come to the	6413
executor's or administrator's possession or knowledge. The	6414
inventory shall set forth values as of the date of death of the	6415
decedent. If a prior executor or administrator has done so, a	6416
successor executor or administrator need not file an inventory,	6417
unless, in the opinion of the court, it is necessary.	6418

Any asset, the value of which is readily ascertainable, is	6419
not required to be appraised but shall be included in the	6420
inventory.	6421

Sec. 2115.03. If an executor or administrator neglects or	6422
refuses to return an inventory as provided by section 2115.02 of	6423
the Revised Code, the probate court shall issue an order requiring	6424
~~him~~the executor or administrator, at an early day specified in	6425
the order, to return an inventory. After personal service of the	6426
order by a person authorized to make the service, if the executor	6427
or administrator, by the day appointed, does not return the	6428
inventory or fails to obtain further time from the court to return	6429
it, or if the order cannot be served personally by reason of ~~his~~	6430
the executor or administrator absconding or concealing ~~himself~~	6431
self, the court may remove the executor or administrator and new	6432
letters shall be granted. The letters shall supersede all former	6433
letters testamentary or of administration, deprive the former	6434
executor or administrator of all power, authority, or control over	6435
the estate of the deceased, and entitle the person appointed to	6436
take, demand, and receive the effects of the deceased wherever	6437
they are found.	6438

In every case of the revocation of letters under this	6439
section, the bond given by the former executor or administrator	6440
shall be prosecuted and a recovery had on the bond to the full	6441
extent of any injury sustained by the estate of the deceased by	6442
the former executor's or administrator's acts or omissions, and to	6443
the full value of all the property of the deceased received and	6444
not administered by ~~him~~the former executor or administrator.	6445

Sec. 2115.06. The real ~~estate~~property and personal property	6446
comprised in the inventory required by section 2115.02 of the	6447
Revised Code, unless an appraisement ~~thereof~~of that real property	6448
or personal property has been dispensed with by an order of the	6449
probate court, shall be appraised by one suitable disinterested	6450
person appointed by the executor or administrator, subject to the	6451
approval of the court and sworn to a faithful discharge of ~~his~~the	6452
trust. The executor or administrator, subject to the approval of	6453
the court, may appoint separate appraisers of property located in	6454
any other county and appoint separate appraisers for each asset.	6455

In lieu of the appointment of an appraiser for real property,	6456
the executor or administrator may accept the valuation of the real	6457
property by the county auditor.	6458

If appraisers fail to attend to the performance of their	6459
duty, the executor or administrator, subject to the approval of	6460
the probate judge, may appoint others to supply the place of ~~such~~	6461
~~delinquents~~the delinquent appraisers.	6462

Each appraiser shall be paid ~~such~~an amount for ~~his~~the	6463
appraiser's services asthat is determined by the executor or	6464
administrator, subject to the approval of the probate judge,	6465
taking into consideration ~~his~~the appraiser's training,	6466
qualifications, experience, time reasonably required, and the	6467
value of the property appraised. The amount of ~~such~~the fees may	6468
be charged against the estate as part of the cost of the	6469
proceeding.	6470

Sec. 2115.09. The inventory required by section 2115.02 of	6471
the Revised Code shall contain a particular statement of all	6472
securities for the payment of money that belong to the deceased	6473
and are known to the executor or administrator. ~~Such~~The inventory	6474
shall specify the name of the debtor in each security, the date,	6475
the sum originally payable, the ~~indorsements thereon~~endorsements	6476
on the securities with their dates, the serial numbers or other	6477
identifying data as to each security, and the sum that, in the	6478
judgment of the appraisers, can be collected on each claim.	6479

~~Such~~The inventory shall contain a statement of all debts and	6480
accounts belonging to the deceased that are known to ~~such~~the	6481
executor or administrator and specify the name of the debtor, the	6482
date, the balance or thing due, and the value or sum that can be	6483
collected ~~thereon~~on the debt, in the judgment of the appraisers.	6484

~~Such~~The inventory shall contain an account of all moneys	6485
that belong to the deceased and have come tointo the ~~hands~~	6486
possession or under the control of the executor or administrator.	6487
If none has come tointo the ~~executor's or administrator's hands~~	6488
possession or under the control of the executor or administrator,	6489
the fact shall be stated in the inventory.	6490

The inventory shall contain a statement whether or not,	6491
insofar as it can be ascertained, the filing of an Ohio estate tax	6492
return will be required.	6493

Sec. 2115.10. The emblements raised by labor, whether	6494
severed or not from the land of the deceased at the time of ~~his~~	6495
the decedent's death, are assets in the ~~hands~~possession or under	6496
the control of the executor or administrator and shall be included	6497
in the inventory required by section 2115.02 of the Revised Code.	6498

The executor or administrator, or the person to whom hethe	6499
executor or administrator sells ~~such~~the emblements, at all	6500
reasonable times may enter upon the lands to cultivate, sever, and	6501
gather them.	6502

Sec. 2115.11. The discharge or bequest, in a will, of a debt	6503
or demand of a testator against an executor named ~~therein~~in the	6504
will, or against any other person, is not valid as against the	6505
decedent's creditors, but is only a specific bequest of ~~such~~that	6506
debt or demand. The amount ~~thereof must~~of the debt or demand	6507
shall be included in the inventory of the credits and effects of	6508
the deceased and, if necessary, ~~such~~that amount ~~must~~shall be	6509
applied in the payment of ~~his~~the decedent's debts. If not	6510
necessary for that purpose, ~~such~~the amount shall be paid in the	6511
same manner and proportion as other specific legacies.	6512

Sec. 2115.12. The naming of a person as executor in a will	6513
shall not operate as a discharge or bequest of a just claim ~~which~~	6514
that the testator had against ~~such~~that executor. ~~Such~~The claim	6515
shall be included among the assets of the deceased in the	6516
inventory required by section 2115.02 of the Revised Code. The	6517
executor shall be liable for it as for so much money in ~~his hands~~	6518
the possession or under the control of the executor at the time	6519
~~such~~that debt or demand becomes due, and ~~must~~shall apply and	6520
distribute it as part of the personal ~~estate~~property of the	6521
deceased.	6522

Sec. 2115.16. Upon the filing of the inventory required by	6523
section 2115.02 of the Revised Code, the probate court ~~forthwith~~	6524
shall set a day, not later than one month after the day the	6525
inventory was filed, for a hearing on the inventory.	6526

The executor or administrator may serve notice of the	6527
hearing, or may cause the notice to be served, upon any person who	6528
is interested in the estate. The probate court, after notice to	6529
the executor or administrator, either upon the motion of any	6530
interested party for good cause shown or at its own instance, may	6531
order that notice of the hearing is to be served upon persons the	6532
court designates.	6533

For good cause, the hearing may be continued for the time	6534
that the court considers reasonable. Exceptions to the inventory	6535
or to the allowance for support provided by section 2106.13 of the	6536
Revised Code may be filed at any time prior to five days before	6537
the date set for the hearing or the date to which the hearing has	6538
been continued by any person interested in the estate or in any of	6539
the property included in the inventory, but the time limit for the	6540
filing of exceptions shall not apply in case of fraud or	6541
concealment of assets. When exceptions are filed, notice of them	6542
and the time of the hearing on them ~~forthwith~~ shall be given to	6543
the executor or administrator and ~~his~~the attorney of the executor	6544
or administrator by certified mail or by personal service, unless	6545
the notice is waived. At the hearing, the executor or	6546
administrator and any witness may be examined under oath. The	6547
court shall enter its finding on the journal and tax the costs as	6548
may be equitable.	6549

Sec. 2115.17. When the inventory required by section 2115.02	6550
of the Revised Code has been approved by the probate court, the	6551
appraisement of the real ~~estate~~property as set forth ~~therein~~in	6552
the inventory shall be conclusive for all purposes except estate	6553
tax, unless a reappraisal is ordered by the court.	6554

Sec. 2117.01. No part of the assets of a deceased shall be	6555
retained by an executor or administrator in satisfaction of ~~his~~	6556
the executor's or the administrator's own claim, until it has been	6557
proved to and allowed by the probate court. ~~Such~~That debt is not	6558
entitled to preference over others of the same class.	6559

Sec. 2117.02. An executor or administrator within three	6560
months after the date of ~~his~~ appointment shall present any claim	6561
hethe executor or administrator has against the estate to the	6562
probate court for allowance. The claim shall not be paid unless	6563
allowed by the court. When an executor or administrator presents a	6564
claim amounting to five hundred dollars or more, the court shall	6565
fix a day not less than four nor more than six weeks from its	6566
presentation, when the testimony touching it shall be heard. The	6567
court ~~forthwith~~ shall issue an order directed to the executor or	6568
administrator requiring ~~him~~the executor or administrator to give	6569
notice in writing to all the heirs, legatees, or devisees of the	6570
decedent interested in the estate, and to the creditors named in	6571
the order. The notice shall contain a statement of the amount	6572
claimed, designate the time fixed for hearing the testimony, and	6573
be served upon the persons named in the order at least twenty days	6574
before the time for hearing. If any persons mentioned in the order	6575
are not residents of the county, service of notice may be made	6576
upon them by publication for three consecutive weeks in a	6577
newspaper published or circulating in the county, or as the court	6578
may direct. All persons named in the order shall be parties to the	6579
proceeding, and any other person having an interest in the estate	6580
may be made a party.	6581

Sec. 2117.03. At any time after the presentation by an	6582
executor or administrator of a claim ~~which he~~that the executor or	6583
administrator owns against the estate hethe executor or	6584
administrator represents to the probate court for allowance, the	6585
court on its own motion, or on motion by any interested party, may	6586
appoint an attorney to represent the estate, who shall receive	6587
~~such~~the compensation from the estate asthat may be fixed by the	6588
court. The court shall ~~thereupon~~ require the executor or	6589
administrator to make available to ~~such~~the attorney, for use in	6590
connection with the proceeding, all documents belonging to the	6591
estate relating to the subject matter of ~~such~~the claim.	6592

Sec. 2117.04. Upon the hearing as to the allowance of an	6593
executor's or administrator's claim against the estate hethe	6594
executor or administrator represents, an appeal may be taken from	6595
a final order or judgment of the probate court upon a matter of	6596
law by any person affected by the order or judgment.	6597

Sec. 2117.061. (A) As used in this section:

6598

(1) "Medicaid estate recovery program" means the program	6599
instituted under section 5111.11 of the Revised Code.	6600

(2) ~~"Permanently institutionalized individual" has the same~~	6601
~~meaning as in section 5111.11 of the Revised Code.~~	6602

~~(3)~~ "Person responsible for the estate" means the executor,	6603
administrator, commissioner, or person who filed pursuant to	6604
section 2113.03 of the Revised Code for release from	6605
administration of an estate.	6606

(B) The person responsible for the estate of a decedent	6607
subject to the medicaid estate recovery program or the estate of a	6608
decedent who was the spouse of a decedent subject to the medicaid	6609
estate recovery program shall submit a properly completed medicaid	6610
estate recovery ~~reporting~~notice form ~~prescribed under division~~	6611
~~(D) of this section~~ to the administrator of the medicaid estate	6612
recovery program not later than thirty days after the occurrence	6613
of any of the following:	6614

(1) The granting of letters of administration or letters	6615
testamentary;	6616

(2) ~~The administration of the estate;~~

6617

~~(3)~~ The filing of an application for release from	6618
administration or summary release from administration.	6619

(C) The person responsible for the estate shall mark the	6620
appropriate box on the appropriate probate form that gives notice	6621
to the administrator of the medicaid estate recovery program to	6622
indicate compliance with the requirements of division (B) of this	6623
section.	6624

~~The probate court shall send a copy of the completed probate~~	6625
~~form to the administrator of the medicaid estate recovery program.~~	6626

(D) ~~The administrator of the medicaid estate recovery program~~	6627
~~shall prescribe a medicaid estate recovery reporting form for the~~	6628
~~purpose of division (B) of this section. In the case of a decedent~~	6629
~~subject to the medicaid estate recovery program, the form shall~~	6630
~~require, at a minimum, that the person responsible for the estate~~	6631
~~list all of the decedent's real and personal property and other~~	6632
~~assets that are part of the decedent's estate as defined in~~	6633
~~section 5111.11 of the Revised Code. In the case of a decedent who~~	6634
~~was the spouse of a decedent subject to the medicaid estate~~	6635
~~recovery program, the form shall require, at a minimum, that the~~	6636
~~person responsible for the estate list all of the decedent's real~~	6637
~~and personal property and other assets that are part of the~~	6638
~~decedent's estate as defined in section 5111.11 of the Revised~~	6639
~~Code and were also part of the estate, as so defined, of the~~	6640
~~decedent subject to the medicaid estate recovery program. The~~	6641
~~administrator shall include on the form a statement printed in~~	6642
~~bold letters informing the person responsible for the estate that~~	6643
~~knowingly making a false statement on the form is falsification~~	6644
~~under section 2921.13 of the Revised Code, a misdemeanor of the~~	6645
~~first degree.~~	6646

~~(E)~~ The administrator of the medicaid estate recovery program	6647
shall present a claim for estate recovery to the person	6648
responsible for the estate of the decedent or the person's legal	6649
representative not later than ninety days after the date on which	6650
the medicaid estate recovery ~~reporting~~notice form is received	6651
under division (B) of this section or one year after the	6652
decedent's death, whichever is later.	6653

Sec. 2117.08. When a claim is presented against the estate	6654
of a deceased person, the executor or administrator may require	6655
satisfactory written proof in support of it and also the affidavit	6656
of the claimant that ~~such~~the claim is justly due, that no	6657
payments have been made ~~thereon~~on the claim, and that there are	6658
no counterclaims against it to ~~his~~the claimant's knowledge. ~~Such~~	6659
The affidavit shall set forth any security held for the payment of	6660
~~said~~the claim and, if the claim is not due, the date of maturity.	6661
If ~~said~~the claim arises out of tort, or if preference in payment	6662
is claimed, the facts in connection with the alleged tort or	6663
showing the right to ~~such~~that preference shall be briefly set	6664
forth.	6665

Sec. 2117.09. If an executor or administrator doubts the	6666
justice of any claim presented against the estate hethe executor	6667
or administrator represents, hethe executor or administrator may	6668
enter into an agreement in writing with the claimant to refer the	6669
matter in controversy to three disinterested persons, who ~~must~~	6670
shall be approved by the probate judge.	6671

Upon filing the agreement of reference in the probate court	6672
of the county in which the letters testamentary or of	6673
administration were issued, the judge shall docket the cause and	6674
make an order referring the matter in controversy to the referees	6675
selected.	6676

The referees ~~thereupon must~~shall proceed to hear and	6677
determine the matter and make their report to the court. The	6678
referees shall have the same powers and be entitled to the same	6679
compensation and the same proceedings shall be followed as if the	6680
reference were made under the provisions for arbitrations under a	6681
rule of the court of common pleas. The court may set aside the	6682
report of the referees, appoint others in their places, or confirm	6683
~~such~~the report and adjudge costs as in actions against executors	6684
and administrators. The judgment of the court ~~thereupon~~ shall be	6685
valid and effectual.	6686

Sec. 2117.10. The failure of the holder of a valid lien upon	6687
any of the assets of an estate to present ~~his~~the lienholder's	6688
claim upon the indebtedness secured by ~~such~~the lien, as provided	6689
in ~~Chapter 2117. of the Revised Code~~this chapter, shall not	6690
affect ~~such~~the lien if the same is evidenced by a document	6691
admitted to public record, or is evidenced by actual possession of	6692
the real or personal property ~~which~~that is subject to ~~such~~the	6693
lien.	6694

Sec. 2117.13. If a devisee, legatee, heir, creditor, or	6695
other interested party files in the probate court a written	6696
requisition on the executor or administrator to reject a claim	6697
presented for allowance against the estate hethe executor or	6698
administrator represents, whether the claim has been allowed or	6699
not, but which claim has not been paid in full, and enters into a	6700
sufficient bond running to ~~such~~the executor or administrator, the	6701
amount, terms, and surety of which are to be approved by the	6702
probate judge, the claim shall be rejected by the executor or	6703
administrator. The notice of rejection shall inform the claimant	6704
of the filing of the requisition and of the name of the party	6705
filing the same. The condition of the bond shall be to pay all	6706
costs and expenses of contesting ~~such~~the claim, including ~~such~~	6707
any reasonable fee asthat the court allows to the attorney for	6708
the executor or administrator, in case the claim finally is	6709
allowed in whole, and if ~~such~~the claim is allowed only in part,	6710
to pay ~~such~~that part of the expenses asthat the court may	6711
determine, including ~~such~~any reasonable fee asthat the court may	6712
allow to the attorney for the executor or administrator.	6713

Sec. 2117.15. An executor or administrator may proceed to	6714
pay the debts due from the estate in accordance with Chapters	6715
2113. to 2125. of the Revised Code. If it appears at any time that	6716
the estate is insolvent, the executor or administrator may report	6717
that fact to the court, and apply for any order that hethe	6718
executor or administrator considers necessary because of the	6719
insolvency. In case of insolvency, a creditor who has been paid	6720
according to law shall not be required to make any refund.	6721

Sec. 2117.17. (A) The probate court on its own motion may,	6722
and on motion of the executor or administrator shall, assign all	6723
claims against the estate that have been presented and any other	6724
known valid debts of the estate for hearing on a day certain.	6725
~~Forthwith upon such~~Upon the assignment, and in no case less than	6726
ten days before the date fixed for hearing or ~~such~~a longer period	6727
asthat the court may order, the executor or administrator shall	6728
cause written notice of the hearing to be served upon the	6729
following persons who have not waived the notice in writing or	6730
otherwise voluntarily entered their appearance:	6731

~~(A)~~(1) If it appears that the estate is fully solvent, ~~such~~	6732
the notice shall be given to the surviving spouse and all other	6733
persons having an interest in the estate as devisees, legatees,	6734
heirs, and distributees.	6735

~~(B)~~(2) If it appears probable that there will not be	6736
sufficient assets to pay all of the valid debts of the estate in	6737
full, then ~~such~~the notice also shall be given to all creditors	6738
and claimants whose claims have been rejected and whose rights	6739
have not been finally determined by judgment, reference, or lapse	6740
of time.	6741

(B) The notice required by this section shall state that a	6742
hearing concerning the debts has been scheduled, shall set forth	6743
the time and place of the hearing, and shall state that the action	6744
of the executor or administrator in allowing and classifying	6745
claims will be confirmed at ~~such~~the hearing unless cause to the	6746
contrary is shown. The notice shall be served personally or by	6747
certified mail in the manner specified for service of notice of	6748
the rejection of a claim under section 2117.11 of the Revised	6749
Code. Proof of service of the notice to the satisfaction of the	6750
court, by affidavit or otherwise, and all waivers of service shall	6751
be filed in court at the time of the hearing. At any time before	6752
hearing, any interested person may file exceptions in writing to	6753
the allowance or classification of any specific claim. The court	6754
may cause or permit other interested persons to be served with	6755
notice and witnesses to be subpoenaed as may be required to	6756
present the issues fully.	6757

(C) The court, upon the hearing, shall determine whether the	6758
executor or administrator acted properly in allowing and	6759
classifying each claim and shall make an order confirming or	6760
disapproving ~~such~~that action.	6761

(D) An order of the court disapproving the allowance of a	6762
claim shall have the same effect as a rejection of the claim on	6763
the date on which the claimant is served with notice of the	6764
court's order. Notice of the court's order shall be served	6765
personally or by certified mail in the manner specified for	6766
service of notice of the rejection of a claim under section	6767
2117.11 of the Revised Code. An order of the court confirming the	6768
allowance or classification of a claim shall constitute a final	6769
order and shall have the same effect as a judgment at law or	6770
decree in equity, and shall be final as to all persons having	6771
notice of the hearing and as to claimants subsequently presenting	6772
their claims, though without notice of ~~such~~the hearing. In the	6773
absence of fraud, the allowance and classification of a claim and	6774
the subsequent payment of it in good faith shall not be subject to	6775
question upon exceptions to the executor's or administrator's	6776
accounts. The confirmation of a claim by the court shall not	6777
preclude the executor or administrator from thereafter rejecting	6778
the claim on discovery of error in ~~his~~the executor's or	6779
administrator's previous action or on requisition as provided in	6780
sections 2117.13 and 2117.14 of the Revised Code.	6781

Sec. 2117.18. Taxes, penalties, and interest placed on a	6782
duplicate or added by the county auditor or the tax commissioner	6783
because of a failure to make a return or because of a false or	6784
incomplete return for taxation shall be a debt of a decedent and	6785
have the same priority and be paid as other taxes. ~~Such~~Those	6786
taxes, penalties, and interest shall be collectible out of the	6787
property of the estate either before or after distribution, by any	6788
means provided for collecting other taxes. No distribution or	6789
payment of inferior debts or claims shall defeat ~~such~~that	6790
collection;, but ~~no such~~the tax, penalty, or interest ~~can~~shall	6791
not be added before notice to the executor or administrator, and	6792
before an opportunity is given ~~him~~to the executor or	6793
administrator to be heard. All taxes omitted by the deceased ~~must~~	6794
shall be charged on the tax lists and duplicate in ~~his~~the	6795
deceased's name.	6796

In all ~~such~~ additions to the personal tax lists and duplicate	6797
under this section, each succeeding tax year shall be considered	6798
as beginning at the time of the completion of the annual	6799
settlement of the duplicate for the previous year with the county	6800
treasurer.	6801

Sec. 2117.30. (A) No suit shall be brought against an	6802
executor or administrator by a creditor of the decedent or by any	6803
other party interested in the estate until after five months from	6804
the time of the appointment of the executor or administrator, or	6805
the expiration of the further time allowed by the probate court	6806
for the collection of the assets of the estate, except in the	6807
following cases:	6808

~~(A)~~(1) On claims rejected in whole or in part;

6809

~~(B)~~(2) For the enforcement of a lien against or involving	6810
title to specific property;	6811

~~(C)~~(3) For the recovery of a claim that would not be affected	6812
by the insolvency of the estate;	6813

~~(D)~~(4) On account of fraud, conversion, or concealment of	6814
assets;	6815

~~(E)~~(5) Any other action as to which a different rule is	6816
prescribed by statute.	6817

(B) When an executor or administrator dies, resigns, or is	6818
removed without having fully administered the estate of the	6819
deceased, the time between ~~his~~the executor's or administrator's	6820
death, resignation, or removal and the appointment of a successor	6821
shall be excluded in computing the five months or longer period	6822
provided in division (A) of this section. In any event, ~~his~~the	6823
executor's or administrator's successor shall not be held to	6824
answer the suit until after the expiration of four months from the	6825
date of the successor's appointment, or a further time allowed ~~him~~	6826
the executor or administrator by the court for the collection of	6827
the assets of the estate.	6828

Sec. 2117.31. When two or more persons are indebted in a	6829
joint contract, or upon a judgment founded on ~~such~~the joint	6830
contract, and either of them dies, ~~his~~the decedent's estate shall	6831
be liable ~~therefor~~for the debt as if the contract had been joint	6832
and several, or as if the judgment had been against ~~himself~~the	6833
decedent alone. This section shall not affect the rights of a	6834
surety, when certified as such, in a judgment rendered jointly	6835
against ~~him~~the surety and ~~his~~the surety's principal.	6836

Sec. 2117.34. No execution against the assets of an estate	6837
shall issue upon a judgment against an executor or administrator	6838
unless upon the order of the probate court ~~which~~that appointed	6839
~~him~~the executor or administrator. If an account has been rendered	6840
by ~~such~~the executor or administrator and settled by the court,	6841
~~such~~the execution shall issue only for the sum that appeared, on	6842
settlement of ~~such~~the account, to be a just proportion of the	6843
assets applicable to the judgment. The order of the court allowing	6844
~~such~~the execution shall fix the amount for which the ~~same~~	6845
execution shall issue.	6846

Sec. 2117.35. All executions against executors and	6847
administrators for debts due from the deceased shall run against	6848
the ~~goods and~~assets of the estate of the deceased in ~~their hands~~	6849
the possession or under the control of the executors and	6850
administrators.	6851

Sec. 2117.36. No real ~~estate~~property of a deceased person	6852
~~which~~that has been aliened or encumbered by the decedent's heirs	6853
prior to the issuing of letters testamentary or of administration	6854
shall be liable while in the ~~hands~~possession or under the control	6855
of a bona fide purchaser for value or to the prejudice of a bona	6856
fide lessee or encumbrancer for value for debts of the deceased	6857
person unless letters testamentary or of administration are	6858
granted within four years from the date of death of ~~such~~the	6859
deceased person. No real ~~estate~~property of a deceased person	6860
~~which~~that has been aliened or encumbered by the decedent's heirs	6861
or devisees after the ~~issue~~issuance of letters testamentary or of	6862
administration shall be liable while in the ~~hands~~possession or	6863
under the control of a bona fide purchaser for value or to the	6864
prejudice of a bona fide lessee or encumbrancer for value for	6865
debts of a deceased person unless suit is brought to subject ~~such~~	6866
the real ~~estate~~property to the payment of ~~such~~those debts prior	6867
to the settlement of the executor's or administrator's final	6868
account or what purports to be ~~his~~the executor's or	6869
administrator's final account; provided that if ~~such~~the final	6870
account is not filed and settled within four years after the	6871
granting of letters testamentary or of administration, but	6872
excluding for ~~the~~these purposes ~~hereof~~ the time that any action	6873
is pending against the executors or administrators for the	6874
establishment or collection of any claim against the deceased,	6875
~~such~~the real ~~estate~~property so aliened shall not be liable for	6876
the debts of the deceased unless suit is brought to subject ~~such~~	6877
the real ~~estate thereto~~property to those debts within ~~such~~that	6878
four-year period. The heir or devisee aliening ~~such~~the real	6879
~~estate~~property shall be liable for ~~the~~its value ~~thereof~~, with	6880
legal interest from the time of alienation, to the creditors of	6881
the deceased in the manner and within the limitations provided by	6882
law. This section does not enlarge or extend the right of the	6883
creditors of any deceased person against ~~his~~the deceased person's	6884
real ~~estate~~property, or repeal any limitations contained in other	6885
sections of the Revised Code, or apply to mortgages or liens of	6886
record at the time of the death of ~~such~~the deceased person.	6887

Sec. 2117.37. If a claim is contingent at the time of a	6888
decedent's death and a cause of action subsequently accrues on the	6889
claim, it shall be presented to the executor or administrator, in	6890
the same manner as other claims, before the expiration of ~~one year~~	6891
six months after the date of death of the decedent, or before the	6892
expiration of two months after the cause of action accrues,	6893
whichever is later, except as provided in section 2117.39 of the	6894
Revised Code. The executor or administrator shall allow or reject	6895
the claim in the same manner as other claims are allowed or	6896
rejected. If the claim is allowed, the executor or administrator	6897
shall proceed to pay it. If the claim is rejected, the claimant	6898
shall commence an action on the claim within two months after the	6899
rejection or be forever barred from maintaining an action on the	6900
claim.	6901

Sec. 2117.41. A claimant whose cause of action accrues as	6902
provided in section 2117.37 of the Revised Code may bring suit to	6903
recover ~~thereon~~on the claim against the heirs, next of kin,	6904
surviving spouse as next of kin, devisees, and legatees under the	6905
decedent's will, each of whom shall be liable to the claimant in	6906
an amount not exceeding the value of the real and personal ~~estate~~	6907
property that hethe person received under the will or on	6908
distribution of the estate. If, by the will of the deceased, any	6909
part of the estate or any one or more of the devisees and legatees	6910
is made exclusively liable for the debt, in exoneration of the	6911
residue of the estate or of the other devisees or legatees, the	6912
terms of the will shall be complied with in that respect and the	6913
persons and estate so exempt by the will shall be liable for only	6914
so much of the debt asthat cannot be recovered from those first	6915
chargeable ~~therewith~~with the debt.	6916

No ~~such~~ suit shall be maintained under this section unless	6917
commenced within six months next after the time when the cause of	6918
action first accrues, except in case the suit is for the balance	6919
due after a payment by the executor or administrator, in which	6920
case suit shall be brought within two months after the final	6921
payment by the executor or administrator. If the person entitled	6922
to bring ~~such~~the suit is under legal disability, hethe person	6923
may bring ~~such~~the action within one year after ~~his~~the person's	6924
disability is removed.	6925

If any of ~~such~~those heirs, next of kin, surviving spouse as	6926
next of kin, devisees, or legatees dies without having paid ~~his~~	6927
the person's just proportion of ~~such~~the debt, ~~his~~the executors	6928
or administrators of that deceased person's estate shall be liable	6929
~~therefor~~for that proportion to the extent hethe deceased person	6930
would have been if living.	6931

Sec. 2117.42. If, in the cases specified in section 2117.41	6932
of the Revised Code, more than one person is liable for the debt,	6933
the creditor shall proceed by one action to recover ~~such~~the debt	6934
against all so liable, or as many of them aswho are within the	6935
reach of process. ~~Thereupon, by~~By the verdict of a jury if either	6936
party requires it, the court ~~must~~shall determine what sum is due	6937
to the plaintiff. ~~They~~The jury also, according to the equities of	6938
the case, shall decide how much each of the defendants is liable	6939
to pay toward the satisfaction of the debt and the court shall	6940
render judgment accordingly.	6941

No suit shall be dismissed or debarred for not making all the	6942
persons defendants who might have been included as ~~such~~	6943
defendants. In any stage of the cause the court may award process	6944
to bring in other parties and allow amendments necessary to charge	6945
them, as defendants, upon ~~such~~the terms asthat it ~~deems~~	6946
considers reasonable.	6947

If any of the persons who were originally liable for the debt	6948
is insolvent or unable to pay ~~his~~the person's proportion, or is	6949
beyond the reach of process, the others nevertheless shall be	6950
liable to the creditor for the whole amount of ~~his~~the debt;	6951
except that no one shall be compelled to pay more than the amount	6952
received by ~~him~~the person from the decedent's estate.	6953

If, in consequence of insolvency, absence, or other cause,	6954
any of the persons liable for ~~such~~the debt fails to pay ~~his~~the	6955
person's just proportion to the creditor, hethe person shall be	6956
liable to indemnify all who, by reason of ~~such~~that person's	6957
failure ~~on his part~~, have paid more than their just proportion of	6958
the debt, such indemnity to be recovered by all of them jointly or	6959
in separate actions, by any one or more of them for ~~his or~~ their	6960
respective parts ~~respectively~~, at their election.	6961

Sec. 2119.01. When a person owning property in this state	6962
has disappeared and has not been heard from, after diligent	6963
inquiry and for at least three months, under circumstances that	6964
afford reasonable ground to believe that hethe person is dead,	6965
cannot return, or refuses to return to ~~his~~the person's home, and	6966
~~his~~the person's estate requires attention, supervision, and care,	6967
or is needed for the maintenance of ~~his~~the person's dependents,	6968
the probate court ~~may~~, on application of the spouse or of one of	6969
the next of kin, may appoint a trustee to take possession and	6970
charge of the property of ~~such~~the person, other than the property	6971
with respect to which ~~such~~the person has made provision by	6972
written instrument designating an agent or attorney in fact. ~~Such~~	6973
The application shall be filed in the county in which ~~such~~the	6974
person last resided or if ~~his~~the person's last known residence	6975
was ~~without~~outside this state, ~~such~~the application may be filed	6976
in any county in which ~~any such~~that property is situated.	6977

Sec. 2119.02. The probate court, before appointing a trustee	6978
for an absentee, shall cause notice of the filing of the	6979
application under section 2119.01 of the Revised Code and of the	6980
time and place of hearing ~~thereon~~on the application to be	6981
published once a week for four consecutive weeks in ~~some~~a	6982
newspaper of general circulation in the county and shall cause	6983
copies of ~~such~~the notice to be mailed to the spouse and next of	6984
kin of the absentee residing within the state, ~~excepting~~except	6985
the applicant, and to the absentee residing at ~~his~~the absentee's	6986
last known address. The court may order notice to be given to ~~such~~	6987
any other persons in ~~such~~the manner asthat it ~~deems~~considers	6988
best.	6989

Sec. 2119.03. (A) The trustee appointed under section 2119.01	6990
of the Revised Code may proceed without order of the probate court	6991
to do the following:	6992

~~(A) To take~~(1) Take possession of the property of the	6993
absentee wherever situated within the state;	6994

~~(B) To collect~~(2) Collect all debts due to the absentee;

6995

~~(C) To retain~~(3) Retain and invest the estate in accordance	6996
with Chapters 2113. to 2125. of the Revised Code.	6997

(B) The trustee may pay ~~such~~that part or all of the income	6998
or principal of the estate as the court, from time to time, may	6999
direct for the maintenance and support of the absentee's	7000
dependents and, under the order of the court, may bring and defend	7001
suits on behalf of the absentee, compromise claims in favor of and	7002
against the absentee, and pay ~~such~~any debts of the absentee as	7003
that the court finds necessary for the protection of ~~his~~the	7004
absentee's dependents, including insurance premiums, orders for an	7005
award of spousal support, and other obligations. The court may	7006
make ~~such~~any other orders asthat it ~~deems~~considers proper for	7007
the care and custody of the property and its proceeds.	7008

Sec. 2119.04. In order to provide money for the payments	7009
authorized by section 2119.03 of the Revised Code, proceedings may	7010
be had for the mortgaging, leasing, or sale of the real ~~estate~~	7011
property of an absentee in the same manner as provided by sections	7012
2127.01 to 2127.43~~, inclusive,~~ of the Revised Code, for sales of	7013
real ~~estate~~property by executors and administrators. The probate	7014
court, upon notice to the spouse and ~~such~~any other persons and in	7015
~~such~~the manner asthat the court directs, may order all or any	7016
part of the personal ~~estate~~property to be sold.	7017

Sec. 2119.05. If at any time the absentee returns and makes	7018
application to the probate court for the termination of the trust	7019
established under section 2119.01 of the Revised Code, the court	7020
shall, on notice to the trustee and other interested parties,	7021
order the trustee to file ~~his~~a final account and on settlement	7022
~~thereof~~of the account shall terminate the trust and order all	7023
remaining property returned. If an executor, administrator, or	7024
guardian is appointed for the estate of ~~such~~the absentee, the	7025
court shall ~~thereupon~~ order the trustee to file ~~his~~a final	7026
account and on settlement ~~thereof~~of the account shall terminate	7027
the trust and order all of the property remaining in the ~~hands~~	7028
possession or under the control of the trustee to be delivered to	7029
the fiduciary entitled ~~thereto~~to the property.	7030

Sec. 2121.01. (A) Except as provided in division (B) of this	7031
section, a presumption of the death of a person arises upon either	7032
of the following:	7033

(1) When the person has disappeared and been continuously	7034
absent from ~~his~~the person's place of last domicile for a	7035
five-year period without being heard from during the period;	7036

(2) When the person has disappeared and been continuously	7037
absent from ~~his~~the person's place of last domicile without being	7038
heard from and was at the beginning of ~~his~~the person's absence	7039
exposed to a specific peril of death, even though the absence has	7040
continued for less than a five-year period.	7041

(B) When a person who is on active duty in the armed services	7042
of the United States has been officially determined to be absent	7043
in a status of "missing" or "missing in action," a presumption of	7044
death arises when the head of the federal department concerned has	7045
made a finding of death pursuant to the "Federal Missing Persons	7046
Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended and	7047
hereafter amended.	7048

Sec. 2121.02. (A) When ~~such~~ a presumption of death arises	7049
under section 2121.01 of the Revised Code with respect to a person	7050
who at the time of disappearance was domiciled in this state, the	7051
attorney general of this state or any person entitled under the	7052
~~last~~ will of ~~such~~the presumed decedent or under Chapter 2105. of	7053
the Revised Code to any share in the presumed decedent's property	7054
within this state, or any person or entity who, under the terms of	7055
any contract, beneficiary designation, trust, or otherwise, may be	7056
entitled to any property, right, or interest by reason of the	7057
death of the presumed decedent, may file a complaint setting forth	7058
the facts ~~which~~that raise the presumption of death in the probate	7059
court of the county of the presumed decedent's last residence.	7060

(B) When a presumption of death arises pursuant to section	7061
2121.01 of the Revised Code with respect to a person who at the	7062
time of the person's disappearance was domiciled at a place other	7063
than within the state, and the presumed decedent owns real	7064
property within this state, the complaint may be filed in the	7065
county where any part of the real property of the presumed	7066
decedent is located by any of the persons or entities referred to	7067
in division (A) of this section, or by any domiciliary executor or	7068
administrator of the decedent. A foreign fiduciary shall include	7069
with the complaint an exemplified copy of the domiciliary	7070
proceedings pursuant to which the foreign fiduciary was appointed.	7071

(C) In the case of a presumed decedent who was domiciled in	7072
this state, the complainant shall name as parties defendant the	7073
presumed decedent and each of the following that do not join in	7074
the complaint:	7075

(1) The presumed decedent's surviving spouse, if any;

7076

(2) All persons known to the complainant who are entitled	7077
under the presumed decedent's ~~last~~ will and all persons who are	7078
entitled under Chapter 2105. of the Revised Code to any share of	7079
the presumed decedent's property;	7080

(3) All persons or entities known to the complainant who have	7081
or would have by reason of the presumed decedent's death any right	7082
or interest under any contract, beneficiary designation, trust, or	7083
otherwise;	7084

(4) All contract obligors known to the complainant whose	7085
rights or obligations would be affected by a determination that	7086
the presumed decedent is in fact dead.	7087

(D) In the case of a presumed decedent who was not domiciled	7088
in this state but who owned real ~~estate~~property in this state,	7089
the complainant shall name as parties defendant each of the	7090
following that do not join in the complaint:	7091

(1) The presumed decedent's surviving spouse, if any;

7092

(2) All persons known to the complainant who are entitled	7093
under the presumed decedent's ~~last~~ will and all persons who are	7094
entitled under Chapter 2105. of the Revised Code to any share of	7095
the presumed decedent's real property within this state.	7096

(E) All parties defendant, other than the presumed decedent,	7097
shall be served with summons in the same manner as provided by the	7098
Rules of Civil Procedure.	7099

(F) The complainant shall cause to be advertised once a week	7100
for four consecutive weeks in a newspaper published in the county,	7101
the fact that the complaint has been filed together with a notice	7102
that on a day certain, ~~which~~that shall be at least four weeks	7103
after the last appearance of the advertisement, or after the final	7104
publication where any defendant is being served by publication,	7105
whichever is later, the probate court will hear evidence relevant	7106
to the allegations of the complaint.	7107

(G) No guardian ad litem, trustee for the suit, or other	7108
representative shall be required to be appointed to represent the	7109
presumed decedent in the proceeding.	7110

Sec. 2121.05. (A) Except as provided otherwise in ~~Chapter~~	7111
~~2121. of the Revised Code~~this chapter, all of the proceedings for	7112
the probate of the decedent's ~~last~~ will, if any, and all the	7113
proceedings, domiciliary or ancillary, for the administration of	7114
the decedent's estate that are set forth in the Revised Code for	7115
use upon the death of a decedent, shall upon the signing of the	7116
decree of presumed death be instituted and carried on in the same	7117
manner as if the presumed decedent were in fact dead. All acts	7118
pursuant to these proceedings shall be as valid as if the presumed	7119
decedent were in fact dead.	7120

(B) Following the decree the court may make ~~such~~any	7121
supplementary orders asthat in its discretion are necessary to	7122
consummate any right or interest arising by reason of the death of	7123
the presumed decedent under any contract, trust, or other	7124
nonprobate property interest of any person or entity who was a	7125
party to the proceedings. The court may condition the granting of	7126
~~any such~~that order by requiring any person or entity who would	7127
benefit ~~thereby~~by the order to furnish bond for a three-year	7128
period after the decree in the form and amount, with or without	7129
sureties, as the court shall order. If any supplementary order is	7130
directed to the holder of assets of the presumed decedent ~~which~~	7131
that were created by the decree of presumed death, the court, at	7132
the request of the party defendant to whom the order is directed,	7133
shall condition the granting of ~~any such~~that order by requiring	7134
any person or entity who would benefit ~~thereby~~by the order to	7135
furnish a suretyship bond for a three-year period after the decree	7136
in the amount of the assets so created by the decree with interest	7137
for the period of the bond at the rate specified in the order.	7138

(C) The term "assets of the presumed decedent ~~which~~that were	7139
created by the decree of presumed death" as used in division (B)	7140
of this section and division (D) of section 2121.08 of the Revised	7141
Code, means those potential assets of the presumed decedent in	7142
which the presumed decedent had a contractual or other right,	7143
contingent upon the presumed decedent's death, to have ~~such~~those	7144
assets paid to ~~his~~the presumed decedent's designee and the decree	7145
of presumed death would fulfill the contingency. Only that portion	7146
of the proceeds of life insurance policies on the life of the	7147
presumed decedent that exceeds any net cash surrender value of	7148
~~such~~the policies on the date of the decree is within the	7149
definition of the term "assets of the presumed decedent ~~which~~that	7150
were created by the decree of presumed death."	7151

(D) The bond shall provide that, if within the three-year	7152
period after the decree is entered by the court it is established	7153
that the presumed decedent is alive, ~~such~~the person or entity	7154
shall on the subsequent order of the court refund or return any	7155
sums, with interest as provided in the court order, or property	7156
received by virtue of ~~such~~the order, to the presumed decedent or	7157
to the person or entity who, by reason of the erroneous finding of	7158
death of the presumed decedent, made ~~such~~the payment or delivered	7159
~~such~~the property. The bond shall be further conditioned on	7160
returning the fair value of the property if the same shall have	7161
been sold or otherwise disposed of in the interim.	7162

(E) If the person or entity who would benefit by an order, as	7163
provided in division (B) of this section, fails to provide a bond	7164
for the amount of the assets of the presumed decedent ~~which~~that	7165
were created by the decree, with interest as specified in the	7166
order, the holder shall hold those assets for the three-year	7167
period they would have been bonded. In that event, the holder	7168
shall pay interest at the same rate specified in the order as a	7169
condition of the bond and the interest shall accumulate and be	7170
held throughout that period.	7171

(F) Nothing in this section shall preclude ~~such~~the person or	7172
entity from selling, encumbering, or otherwise disposing of any	7173
property so received and any purchaser, transferee, or mortgagee	7174
acquires good title to ~~such~~the property free and clear of any	7175
claim of the presumed decedent.	7176

Sec. 2121.06. Upon the signing of the decree establishing	7177
the death of the presumed decedent, the real ~~estate~~property of	7178
the presumed decedent passes and ~~devloves~~devolves as in the case	7179
of actual death, and the persons entitled by will, or under	7180
Chapter 2105. of the Revised Code, may enter and take possession.	7181
Persons taking the real ~~estate~~property may sell or mortgage it	7182
and the purchaser or mortgagee takes a good title, free and	7183
discharged of any interest or claim of the presumed decedent. The	7184
persons taking ~~such~~the real ~~estate~~property shall not sell,	7185
convey, or mortgage any part ~~thereof~~of the property within the	7186
three-year period specified in section 2121.08 of the Revised Code	7187
without first giving bond in an amount to be fixed by the probate	7188
court and with sureties to be approved by the court. In the	7189
discretion of the court the bond may be taken without sureties.	7190
~~Such~~The bond shall be conditioned to account for and pay over to	7191
the presumed decedent, in case within the three-year period after	7192
the decree is entered by the court it is established that the	7193
presumed decedent is still alive, the value of the real ~~estate~~	7194
property sold or conveyed, or in the case of the making of a	7195
mortgage, to pay the amount of the mortgage and interest ~~thereon~~	7196
on the mortgage, or in case of a foreclosure of ~~such~~that	7197
mortgage, to account for and pay over the value of the real ~~estate~~	7198
property mortgaged.	7199

Sec. 2121.08. (A) The probate court may at any time within a	7200
three-year period from the date of the decree establishing the	7201
death of a presumed decedent, upon proof satisfactory to the court	7202
that the presumed decedent is in fact alive, vacate the decree	7203
establishing the presumption of ~~his~~ death. After the decree has	7204
been vacated all the powers of the executor or administrator of	7205
the presumed decedent cease, but all proceedings had and steps	7206
taken with respect to the administration of the estate of the	7207
presumed decedent prior to the vacating of ~~such~~the decree remain	7208
valid. The executor or administrator of the estate of ~~such~~the	7209
presumed decedent who is found to be alive shall settle ~~his~~the	7210
account of ~~his~~the executor's or administrator's administration	7211
down to the time of the vacating of the decree and shall transfer	7212
all assets remaining in ~~his hands~~the possession or under the	7213
control of the executor or administrator to the person ~~as whose~~	7214
for whom the executor or administrator ~~he has acted~~is acting, or	7215
to ~~such~~that person's authorized agent or attorney.	7216

(B) The title of any person to any money, property, right, or	7217
interest as surviving spouse, next of kin, heir, legatee, devisee,	7218
co-owner with right of survivorship, beneficiary or other	7219
contractual payee, successor to a trust interest, or otherwise of	7220
the presumed decedent shall be subject to this section, and upon	7221
vacating of ~~such~~the decree as provided in this section any	7222
property, money, right, or interest, or ~~the~~its fair value ~~thereof~~	7223
if the same shall have been sold or otherwise disposed of, may be	7224
recovered from the person who had received ~~any such~~that property,	7225
money, right, or interest.	7226

(C) Except as provided in division (D) of this section, in	7227
any action against a beneficiary for the recovery of property or	7228
the value ~~thereof~~of the property, or upon the bond given as	7229
condition for delivery of money, other personal property, or sale	7230
or encumbrance of real property, the beneficiary may set off as	7231
against ~~such~~that claim, an allowance for services rendered in	7232
maintaining or preserving the property, and for any moneys or	7233
other considerations made or given by the beneficiary for the	7234
preservation, care, or maintenance of the property during the	7235
period of absence of the person erroneously presumed to be dead,	7236
and the reasonable value of any part of the property used for	7237
support by those whom the person erroneously presumed to be dead	7238
had a legal obligation to support during ~~his~~the person's absence.	7239

(D) There shall be no set off as against those assets defined	7240
in division (C) of section 2121.05 of the Revised Code to be	7241
assets of the presumed decedent ~~which~~that were created by the	7242
decree of presumed death. Those assets created by the erroneous	7243
decree of presumed death shall be returned with interest to the	7244
person entitled ~~thereto~~to them.	7245

(E) Any net cash surrender value on any policies of life	7246
insurance on the life of a person erroneously presumed to be dead	7247
are subject to the set off provision in division (C) of this	7248
section. The person erroneously presumed to be dead, or persons	7249
claiming under ~~him~~the person erroneously presumed to be dead, may	7250
recover whatever remains of cash values from the person to whom	7251
paid. ~~Such~~The claimants have no recourse against the insurance	7252
company ~~which~~that made ~~such~~the payments, and it is discharged	7253
from liability on the policies affected.	7254

Sec. 2121.09. After vacation of the decree of the	7255
presumption of death has been established, as provided by section	7256
2121.08 of the Revised Code, the person erroneously presumed to be	7257
dead ~~may~~, on motion filed of record stating the facts, may be	7258
substituted as plaintiff or petitioner in all actions or	7259
proceedings brought by the executor or administrator, whether	7260
prosecuted to judgment or decree or otherwise. ~~Such~~That person	7261
~~may~~, in all actions or proceedings previously brought against the	7262
executor or administrator, may be substituted as defendant or	7263
respondent, on motion filed by ~~him~~the person or on ~~his~~the	7264
person's behalf, but shall not be compelled to go to trial in less	7265
than three months from the time of filing of ~~such~~the motion.	7266
Judgments or decrees recovered against the executor or	7267
administrator, before the vacation of the decree, may be opened on	7268
application made by the person erroneously presumed to be dead	7269
within three months after the vacating of the decree, provided it	7270
is supported by an affidavit alleging the existence of facts ~~which~~	7271
that would be a valid defense. If the application is not made	7272
within the three months or is made but the supporting alleged	7273
facts are adjudged an insufficient defense, the judgment or decree	7274
is conclusive to all intents, saving the defendant's right to	7275
review as in other cases on appeal.	7276

Sec. 2123.02. In a situation described in section 2123.01 of	7277
the Revised Code, the executor or administrator may file in the	7278
probate court of the county where the estate is being administered	7279
a ~~petition~~complaint signed by ~~such~~the executor or administrator	7280
or ~~his~~the executor's or administrator's attorney, which ~~petition~~	7281
complaint shall be verified. The surviving spouse and the legatees	7282
and devisees, or the heirs and distributees of the decedent,	7283
including those whose names are unknown, shall be made parties	7284
defendant. The ~~petition~~complaint shall contain a concise	7285
statement of the pertinent facts and shall conclude with a prayer,	7286
for the determination of the heirs and distributees of ~~such~~the	7287
decedent or of the devisees or legatees not named in the will and	7288
their respective interests in the estate.	7289

Sec. 2123.03. Upon the filing of the ~~petition~~complaint	7290
mentioned in section 2123.02 of the Revised Code, the same	7291
proceedings, pleadings, and rule days as in civil actions in the	7292
court of common pleas shall apply. All parties defendant who are	7293
known to be residents of the state and whose ~~place~~places of	7294
residence isare known shall be served with summons, as provided	7295
for the service of summons in civil actions in ~~such~~that court.	7296

Sec. 2123.05. At the time assigned for the hearing of a	7297
proceeding set forth under section 2123.01 of the Revised Code, or	7298
at any time to which ~~said~~the hearing may be adjourned, the	7299
probate court may hear proof taken by commission, or by witnesses	7300
produced in open court, of the facts set forth in the ~~petition~~	7301
complaint, and shall, if satisfied from the evidence, find and	7302
adjudge who are or were the heirs or next of kin of the decedent,	7303
and entitled by the laws of this state to inherit the estate of	7304
the deceased, or the devisees or legatees named or unnamed in the	7305
will~~, which~~. The finding and adjudication shall be entered on the	7306
journal of the court, which entry, or a certified copy ~~thereof~~of	7307
the entry, shall be prima facie evidence of the facts ~~therein~~	7308
found.	7309

Sec. 2123.06. Whenever it is necessary for any person other	7310
than an executor or administrator to determine who are or were the	7311
heirs at law of a deceased person, on the ~~petition~~complaint of	7312
any interested party and proceedings ~~like~~similar to those set	7313
forth in sections 2123.01 to 2123.05~~, inclusive,~~ of the Revised	7314
Code, the probate court may make a determination ~~thereof~~of who	7315
are or were the heirs at law of the deceased person.	7316

Sec. 2127.011. (A) In addition to the other methods provided	7317
by law or in the will and unless expressly prohibited by the will,	7318
an executor or administrator may sell at public or private sale,	7319
grant options to sell, exchange, re-exchange, or otherwise dispose	7320
of any parcel of real ~~estate~~property belonging to the estate at	7321
any time at prices and upon terms asthat are consistent with this	7322
section and may execute and deliver deeds and other instruments of	7323
conveyance if all of the following conditions are met:	7324

(1) The surviving spouse, all of the legatees and devisees in	7325
the case of testacy, and all of the heirs in the case of	7326
intestacy, give written consent to a power of sale for a	7327
particular parcel of real ~~estate~~property or to a power of sale	7328
for all the real ~~estate~~property belonging to the estate. Each	7329
consent to a power of sale provided for in this section shall be	7330
filed in the probate court.	7331

(2) Any sale under a power of sale authorized pursuant to	7332
this section shall be made at a price of at least eighty per cent	7333
of the appraised value, as set forth in an approved inventory.	7334

(3) No power of sale provided for in this section is	7335
effective if the surviving spouse,or any legatee, devisee, or	7336
heir is a minor. No person may give the consent of the minor that	7337
is required by this section.	7338

(B) A surviving spouse who is the executor or administrator	7339
may sell real ~~estate~~property to ~~himself~~self pursuant to this	7340
section.	7341

Sec. 2127.02. As soon as an executor or administrator	7342
ascertains that the personal property in ~~his hands~~the possession	7343
or under the control of the executor or administrator is	7344
insufficient to pay all the debts of the decedent, together with	7345
the allowance for support to the surviving spouse, minor children,	7346
or surviving spouse and minor children of the decedent as provided	7347
in section 2106.13 of the Revised Code, and the costs of	7348
administering the estate, hethe executor or administrator shall	7349
commence a civil action in the probate court for authority to sell	7350
the decedent's real property.	7351

Sec. 2127.04. (A) With the consent of all persons entitled	7352
to share in an estate upon distribution, the executor,	7353
administrator, or administrator with the will annexed may, and	7354
upon the request of these persons shall, commence an action in the	7355
probate court for authority to sell any part or all of the	7356
decedent's real ~~estate~~property, even though the real ~~estate~~	7357
property is not required to be sold to pay debts or legacies. A	7358
guardian may make a request under this division, or give consent,	7359
on behalf of the guardian's ward.	7360

(B) An executor, administrator, or administrator with the	7361
will annexed may commence an action in the probate court, on the	7362
executor or administrator's own motion, to sell any part or all of	7363
the decedent's real ~~estate~~property, even though the real ~~estate~~	7364
property is not required to be sold to pay debts or legacies. The	7365
court shall not issue an order of sale in the action unless one of	7366
the categories specified in divisions (B)(1)(a), (b), and (c),	7367
(B)(2)(a), (b), and (c), and (B)(3) of this section applies:	7368

(1)(a) At least fifty per cent of all the persons interested	7369
in the real ~~estate~~property proposed to be sold have consented to	7370
the sale.	7371

(b) Prior to the issuance of the order, no written objection	7372
is filed with the court by any person or persons who hold	7373
aggregate interests in the interest of the decedent in the real	7374
~~estate~~property proposed to be sold, that total in excess of	7375
twenty-five per cent.	7376

(c) The court determines that the sale is in the best	7377
interest of the decedent's estate.	7378

(2)(a) No person's interest in the interest of the decedent	7379
in the real ~~estate~~property proposed to be sold exceeds ten per	7380
cent.	7381

(b) Prior to the issuance of the order, no written objection	7382
is filed with the court by any person or persons who hold	7383
aggregate interests in the interest of the decedent in the real	7384
~~estate~~property proposed to be sold, that total in excess of	7385
twenty-five per cent.	7386

(c) The court determines that the sale is in the best	7387
interest of the decedent's estate.	7388

(3) The real ~~estate~~property proposed to be sold escheats to	7389
the state under division (K) of section 2105.06 of the Revised	7390
Code.	7391

(C) Notwithstanding any provision of the Revised Code, an	7392
executor, administrator, or administrator with the will annexed	7393
shall commence an action in the probate court to sell any part or	7394
all of the decedent's real ~~estate~~property if any person who is	7395
entitled to inherit all or part of the real ~~estate~~property cannot	7396
be found after a due and diligent search. The court shall not	7397
issue an order of sale in the action unless the sale is in the	7398
best interest of the person who cannot be found and in the best	7399
interest of the decedent's estate.	7400

If a sale is ordered under this division, the costs of its	7401
administration shall be taken from the proceeds of the sale.	7402

(D) A surviving spouse who is an executor or administrator of	7403
the decedent spouse's estate is not disqualified, by reason of	7404
being executor or administrator, as a person to whom a parcel of	7405
real ~~estate~~property may be sold pursuant to this section.	7406

Sec. 2127.05. Whenever necessary for the education, support,	7407
or the payment of the just debts of the ward, or for the discharge	7408
of liens on the real ~~estate~~property of the ward, ~~or wherever~~	7409
whenever the real ~~estate~~property of the ward is suffering	7410
unavoidable waste, or a better investment of its value can be	7411
made, or whenever it appears that a sale of the real ~~estate~~	7412
property will be for the benefit of the ward or ~~his~~the ward's	7413
children, the guardian of the person and estate or of the estate	7414
only of a minor, person unable to manage ~~his~~the person's property	7415
because of mental illness or deficiency, habitual drunkard,	7416
confined person, or other person under disability may commence a	7417
civil action in the probate court for authority to sell all or any	7418
part of the real ~~estate~~property of the ward. If it appears to the	7419
advantage of the ward to lay out all or any part of the ~~land~~real	7420
property in town lots, application for ~~such~~that authority may	7421
also be made in the action.	7422

When the same person is guardian for two or more wards whose	7423
real ~~estate~~property is owned by them jointly or in common, the	7424
actions may be joined, and in one complaint the guardian may ask	7425
for the sale of the interest of all or any number of ~~his~~the	7426
guardian's wards in the real ~~estate~~property. If different persons	7427
are guardians of wards interested jointly or in common in the same	7428
real ~~estate~~property, they may join as parties plaintiff in the	7429
same action. On the hearing, in either case, the court may	7430
authorize the sale of the interest of one or more of the wards.	7431

Sec. 2127.06. If the fiduciary who brings an action under	7432
section 2127.01 to 2127.43~~, inclusive,~~ of the Revised Code, dies,	7433
resigns, or is removed, or ~~his~~the fiduciary's powers cease at any	7434
time before the real ~~estate~~property sold is conveyed, a successor	7435
fiduciary may be substituted as a party to the action and may	7436
convey ~~land~~real property, whether sold before or after ~~his~~the	7437
successor fiduciary's appointment. HeThe successor fiduciary may	7438
also be required to give an additional bond.	7439

Sec. 2127.07. Any interest in real ~~estate~~property, whether	7440
legal or equitable, ~~which~~that the deceased had a right to sell or	7441
dispose of at the time of ~~his decease~~the deceased's death, or of	7442
which the ward was seized at the time the action was brought,	7443
including coal, iron ore, limestone, fireclay, or other mineral	7444
upon or under ~~such~~the real ~~estate~~property, or the right to mine	7445
them, may be sold by an executor, administrator, or guardian under	7446
sections 2127.01 to 2127.43~~, inclusive,~~ of the Revised Code. This	7447
section does not give an executor or administrator with the will	7448
annexed authority to sell real ~~estate~~property for the payment of	7449
legacies, other than as charged by the testator or by operation of	7450
law. This section does not give a guardian authority to sell an	7451
equitable estate in real ~~estate~~property placed by deed of trust,	7452
beyond the power of the ward to sell, convey, or assign.	7453

Sec. 2127.08. When the interest of a decedent or ward in	7454
real ~~estate~~property is fractional and undivided, the action for	7455
authority to sell ~~such~~the real ~~estate~~property shall include only	7456
~~such~~the undivided fractional interest, except that the executor,	7457
administrator, or guardian, or the owner of any other fractional	7458
interest, or any lien holder may, by pleading filed in the cause	7459
setting forth all interests in the property and liens ~~thereon~~on	7460
the property, require that the action include the entire interest	7461
in the property, and the owner of ~~said~~the interests and liens	7462
shall receive ~~his~~the owner's respective share of the proceeds of	7463
sale after payment has been made of the expenses of sale including	7464
reasonable attorney fees for services in the case~~, which~~. Those	7465
fees ~~must~~shall be paid to the plaintiff's attorney unless the	7466
court awards some part ~~thereof~~of the fees to other counsel for	7467
services in the case for the common benefit of all the parties,	7468
having regard to the interest of the parties, the benefit each may	7469
derive from the sale, and the equities of the case. The fees of	7470
the executor, administrator, or guardian shall be a charge only	7471
against ~~such~~the portion of the proceeds of sale asthat	7472
represents the interests of the decedent or ward.	7473

Sec. 2127.09. An action by an executor, administrator, or	7474
guardian to obtain authority to sell real ~~estate~~property shall be	7475
brought in the county in which hethe executor, administrator, or	7476
guardian was appointed or in which the real ~~estate~~property	7477
subject to sale or any part ~~thereof~~of the property is situated.	7478
If the action is brought in a county other than that in which the	7479
real ~~estate~~property or a part ~~thereof~~of the property is	7480
situated, a certified transcript of the record of all proceedings	7481
had ~~therein~~in that county shall be filed with and recorded by the	7482
probate court of each county in which ~~such~~the real ~~estate~~	7483
property or any part ~~thereof~~of the property is situated.	7484

Sec. 2127.10. An action to obtain authority to sell real	7485
~~estate~~property shall be commenced by the executor, administrator,	7486
or guardian by filing a complaint with the probate court.	7487

The complaint shall contain a description of the real ~~estate~~	7488
property proposed to be sold and its value, as near as can be	7489
ascertained, a statement of the nature of the interest of the	7490
decedent or ward in the real ~~estate~~property, a recital of all	7491
mortgages and liens upon and adverse interests in the real ~~estate~~	7492
property, the facts showing the reason or necessity for the sale,	7493
and any additional facts necessary to constitute the cause of	7494
action under the section of the Revised Code on which the action	7495
is predicated.	7496

Sec. 2127.11. When the actual market value of a decedent's	7497
or ward's real ~~estate~~property to be sold is less than three	7498
thousand dollars, and the court so finds, it may by summary order	7499
authorize the sale and conveyance of the ~~land~~real property at	7500
private sale, on ~~such~~the terms asthat it ~~deems~~considers proper,	7501
and in ~~such a~~that proceeding, all requirements of sections	7502
2127.01 to 2127.43 of the Revised Code, as to service of summons,	7503
appraisal, and additional bond, shall be waived.	7504

Sec. 2127.12. In an action by an executor or administrator	7505
to obtain authority to sell real ~~estate~~property, the following	7506
persons shall be made parties defendant:	7507

(A) The surviving spouse;

7508

(B) The heirs, devisees, or persons entitled to the next	7509
estate of inheritance from the decedent in the real ~~estate~~	7510
property and having an interest in it, but their spouses need not	7511
be made parties defendant;	7512

(C) All mortgagees and other lienholders whose claims affect	7513
the real ~~estate~~property or any part of it;	7514

(D) If the interest subject to sale is equitable, all persons	7515
holding legal title to the interest or any part of it, and those	7516
who are entitled to the purchase money for it, other than	7517
creditors;	7518

(E) If a fraudulent transfer is sought to be set aside, all	7519
persons holding or claiming under the transfer;	7520

(F) All other persons having an interest in the real ~~estate~~	7521
property.	7522

Sec. 2127.13. In an action by a guardian to obtain authority	7523
to sell the real ~~estate~~property of ~~his~~the guardian's ward the	7524
following persons shall be made parties defendant:	7525

(A) The ward;

7526

(B) The spouse of the ward;

7527

(C) All persons entitled to the next estate of inheritance	7528
from the ward in ~~such~~the real ~~estate~~property who are known to	7529
reside in Ohio, but their spouses need not be made parties	7530
defendant;	7531

(D) All lienholders whose claims affect ~~such~~the real ~~estate~~	7532
property or any part ~~thereof~~of the property;	7533

(E) If the interest subject to ~~such~~the sale is equitable,	7534
all persons holding legal title ~~thereto~~to the real property or	7535
any part ~~thereof~~of the property;	7536

(F) All other persons having an interest in ~~such~~the real	7537
~~estate~~property, other than creditors.	7538

Sec. 2127.14. Service of summons, actual or constructive, in	7539
an action to sell the real ~~estate~~property of a decedent or a ward	7540
shall be had as in other civil actions, but if any competent	7541
person in interest enters appearance or consents in writing to the	7542
sale, service on ~~such~~that person shall not be necessary. If all	7543
parties consent in writing to the sale, an order ~~therefor~~for the	7544
sale may issue forthwith.	7545

Sec. 2127.15. All pleadings and proceedings in an action to	7546
obtain authority to sell the real ~~estate~~property of a decedent or	7547
a ward in the probate court shall be the same as in other civil	7548
actions, except as otherwise provided in sections 2127.01 to	7549
2127.43 of the Revised Code.	7550

Sec. 2127.16. In a sale of real ~~estate~~property by an	7551
executor, administrator, or guardian, ~~such~~the real ~~estate~~	7552
property shall be sold free of all right and expectancy of dower	7553
~~therein~~in the property, but out of the proceeds of the sale, in	7554
lieu of dower, the court shall allow to the person having any	7555
dower interest in the property ~~such~~a sum in money asthat is the	7556
just and reasonable value of ~~such~~the dower, unless the answer of	7557
~~such~~the person waives ~~such~~that allowance.	7558

Sec. 2127.17. In an action to obtain authority to sell real	7559
~~estate~~property, if a party in ~~his~~the party's answer objects to	7560
an order for the sale of real ~~estate~~property by an executor,	7561
administrator, or guardian, and on hearing it appears to the court	7562
that either the complaint or the objection is unreasonable, it may	7563
award costs to the party prevailing on that issue.	7564

Sec. 2127.18. Upon the hearing of an action to obtain	7565
authority to sell real ~~estate~~property by an executor,	7566
administrator, or guardian, if satisfied that all necessary	7567
parties defendant are properly before the court, and that the	7568
demand for relief ought to be granted, the court may determine the	7569
equities among the parties and the priorities of lien of the	7570
several lien holders on the real ~~estate~~property, and order a	7571
distribution of the money arising from the sale in accordance with	7572
its determination. The court may in the same cause order	7573
contributions among all parties in interest.	7574

Sec. 2127.19. When an action to obtain authority to sell	7575
real ~~estate~~property is determined by the probate court, the	7576
probate judge shall make the necessary order for an entry of	7577
release and satisfaction of all mortgages and other liens upon the	7578
real ~~estate~~property except ~~such~~the mortgage asthat is assumed	7579
by the purchaser. The executor, administrator, or guardian shall	7580
~~thereupon~~ enter ~~such~~the release and satisfaction, together with a	7581
memorandum of the title of the case, the character of the	7582
proceedings, and the volume and page of record where recorded,	7583
upon the record of ~~such~~the mortgage, judgment, or other lien in	7584
the office where it appears as matter of record. If the executor,	7585
administrator, or guardian fails to enter ~~such~~the release and	7586
satisfaction, the court ~~may~~, on the application of an interested	7587
party, may enter ~~such~~the release and satisfaction and tax in ~~his~~	7588
the executor's, administrator's, or guardian's cost bill the fee	7589
provided by law for entering ~~such~~the release and satisfaction,	7590
and a fee of twenty-five cents to the court.	7591

Sec. 2127.21. If a guardian's complaint in an action to	7592
obtain authority to sell real ~~estate~~property seeks to have ~~land~~	7593
real property laid out in town lots, and the court finds it to the	7594
advantage of the ward, it shall authorize the survey and platting	7595
of the ~~land~~real property as provided by law. Upon subsequent	7596
return of the survey and plat, the court, if it approves it, shall	7597
authorize the guardian on behalf of ~~his~~the guardian's ward to	7598
sign, seal, and acknowledge the plat in that behalf for record.	7599

Sec. 2127.22. If an appraisement of the real ~~estate~~property	7600
is contained in the inventory required of an executor or	7601
administrator by section 2115.02 of the Revised Code, and of a	7602
guardian by section 2111.14 of the Revised Code, the probate court	7603
may order a sale in accordance with the appraisement, or order a	7604
new appraisement. If a new appraisement is not ordered, the value	7605
set forth in the inventory shall be the appraised value of the	7606
real ~~estate~~property. If the court orders a new appraisement, the	7607
value returned shall be the appraised value of the real ~~estate~~	7608
property.	7609

If the interest of the deceased or ward in the real ~~estate~~	7610
property is fractional and undivided, and if a party requests and	7611
the court orders the entire interest in the real ~~estate~~property	7612
to be sold, a new appraisement of the entire interest in the real	7613
~~estate~~property shall be ordered.	7614

If the relief requested is granted and new appraisement is	7615
ordered, the court shall appoint one, or on request of the	7616
executor, administrator, or guardian, not exceeding three	7617
judicious and disinterested persons of the vicinity, not next of	7618
kin of the complainant, to appraise the real ~~estate~~property in	7619
whole and in parcels at its true value in money. ~~Where~~If the real	7620
~~estate~~property lies in two or more counties the court may appoint	7621
appraisers in any or all of the counties in which the real ~~estate~~	7622
property or a part of it is situated.	7623

Sec. 2127.23. The appraisers appointed under section 2127.22	7624
of the Revised Code shall agree to truly and impartially appraise	7625
the real ~~estate~~property at its fair cash value upon actual view	7626
and to perform the duties required of them by the order of the	7627
court. The appraisement shall be signed by the appraisers, and the	7628
officer to whom it is issued shall make return of it to the court	7629
for confirmation.	7630

Sec. 2127.24. ~~When~~If a person appointed by the court under	7631
section 2127.22 of the Revised Code as an appraiser fails to	7632
discharge ~~his~~the person's duties, the probate judge on ~~his~~the	7633
judge's own motion or on the motion of the executor,	7634
administrator, or guardian may appoint another appraiser.	7635

Sec. 2127.27. Upon the return and approval of the	7636
appraisement provided for by section 2127.22 of the Revised Code,	7637
the court shall require the executor, administrator, or guardian	7638
to execute a bond with two or more personal sureties, or one or	7639
more corporate sureties, whose qualifications shall be those	7640
provided by section 2109.17 of the Revised Code. ~~Such~~The bond	7641
shall be payable to the state in an amount ~~which~~that the court	7642
~~deems~~considers sufficient, having regard to the amount of real	7643
~~estate~~property to be sold, its appraised value, the amount of the	7644
original bond given by the executor, administrator, or guardian,	7645
and the distribution to be made of the proceeds arising from the	7646
sale~~, and such~~. The bond shall be conditioned for the faithful	7647
discharge of ~~his~~the executor's, administrator's, or guardian's	7648
duties and the payment of, and accounting for, all moneys arising	7649
from ~~such~~the sale according to law. ~~Such~~The bond shall be	7650
additional to that given by the executor, administrator, or	7651
guardian at the time of ~~his~~ appointment. If the court finds the	7652
amount of the original bond given by the executor, administrator,	7653
or guardian is sufficient, having regard for the amount of real	7654
~~estate~~property to be sold, its appraised value, and the	7655
distribution to be made of the proceeds arising from the sale, the	7656
giving of additional bond may be dispensed with by order of the	7657
court. ~~Such~~The bond shall be given in the court from which the	7658
executor, administrator, or guardian ~~received his appointment~~was	7659
appointed.	7660

If the action to obtain authority to sell real ~~estate~~	7661
property is pending in another court, the latter shall proceed no	7662
further until there is filed ~~therein~~in that court a certificate	7663
from the court ~~wherein~~in which the executor, administrator, or	7664
guardian ~~received his appointment~~was appointed, under its seal,	7665
that ~~such~~the bond has been given or that the original bond is	7666
sufficient. This section does not prevent the court in an action	7667
to sell real ~~estate~~property from ordering the sale of ~~such~~that	7668
real ~~estate~~property without bond in cases where the testator had	7669
provided by ~~his~~the testator's will that the executor need not	7670
give bond.	7671

Sec. 2127.28. The probate court may, after notice to all	7672
parties in interest, allow a real estate commission in an action	7673
to sell real ~~estate~~property by an executor, administrator, or	7674
guardian, but an allowance shall be passed upon by the court prior	7675
to the sale.	7676

The court may allow payment for certificate or abstract of	7677
title or policy of title insurance in connection with the sale of	7678
any ~~land~~real property by an executor, administrator, or guardian.	7679

Sec. 2127.29. When the bond required by section 2127.27 of	7680
the Revised Code is filed and approved by the court, it shall	7681
order the sale of the real ~~estate~~property included in the	7682
complaint set forth in section 2127.10 of the Revised Code, or the	7683
part of the real ~~estate~~property it ~~deems~~considers necessary for	7684
the interest of all parties concerned. If the complaint alleges	7685
that it is necessary to sell part of the real ~~estate~~property, and	7686
that by the partial sale the residue of the ~~estate~~real property,	7687
or a specific part of it, would be greatly injured, the court, if	7688
it so finds, may order a sale of the whole ~~estate~~real property.	7689

Sec. 2127.30. If the order of sale set forth in section	7690
2127.29 of the Revised Code includes real ~~estate~~property in which	7691
the ward or the estate has an equitable interest only, the court	7692
may make an order for the appraisement and sale of ~~such~~that	7693
equitable estate free from dower, for the indemnity of the estate	7694
against any claim for purchase money, and for payment of the value	7695
of ~~such~~the dower in money, as the court ~~deems~~considers	7696
equitable, having regard for the rights of all parties in	7697
interest.	7698

Sec. 2127.32. The real ~~estate~~property included in the	7699
court's order of sale, as provided in section 2127.29 of the	7700
Revised Code, shall be sold either in whole or in parcels at	7701
public auction at the door of the courthouse in the county in	7702
which the order of sale was granted, or at another place, as the	7703
court directs, and the order shall fix the place, day, and hour of	7704
sale. If it appears to be more for the interest of the ward or the	7705
estate to sell the real ~~estate~~property at private sale, the court	7706
may authorize the complainant to sell it either in whole or in	7707
parcels. If an order for private sale is issued, it shall be	7708
returned by the complainant. Upon motion and showing of a person	7709
interested in the proceeds of the sale, filed after thirty days	7710
from the date of the order, the court may require the complainant	7711
to return the order, if the premises have not been sold. ~~Thereupon~~	7712
Upon return of the order, the court may order the real ~~estate~~	7713
property to be sold at public sale.	7714

If upon showing of any person interested, the court finds	7715
that it will be to the interest of the ward or the estate, it may	7716
order a reappraisement and sale in parcels.	7717

If the sale is to be public, the executor, administrator, or	7718
guardian ~~must~~shall give notice of the time and place of the sale	7719
by advertisement at least three weeks successively in a newspaper	7720
published in the county where the ~~lands are~~real property is	7721
situated.	7722

Sec. 2127.33. ~~Where~~If the sale authorized by a court as	7723
provided in section 2127.32 of the Revised Code is private, the	7724
real ~~estate~~property shall not be sold for less than the appraised	7725
value. ~~When~~If the sale is at public auction, the real ~~estate~~	7726
property if improved shall not be sold for less than two thirds of	7727
the appraised value, or if not improved, for less than one half of	7728
the appraised value. In private sales if no sale has been effected	7729
after one bona fide effort to sell under this section, or if in	7730
public sales the ~~land~~real property remains unsold for want of	7731
bidders when offered pursuant to advertisement, the court may fix	7732
the price for which ~~such~~the real ~~estate~~property may be sold or	7733
may set aside the appraisement and order a new appraisement. If	7734
~~such~~the new appraisement does not exceed five hundred dollars,	7735
and upon the first offer ~~thereunder~~under the new appraisement at	7736
public sale there are no bids, then upon the motion of any party	7737
interested the court may order the real ~~estate~~property to be	7738
readvertised and sold at public auction to the highest bidder.	7739

Sec. 2127.34. The order for the sale of real ~~estate~~	7740
property, granted by the probate court in an action by an	7741
executor, administrator, or guardian, shall prescribe the terms of	7742
the sale, and payment of the purchase money, either in whole or in	7743
part, for cash, or on deferred payments. In the sales by executors	7744
or administrators, deferred payments shall not exceed two years	7745
with interest.	7746

Sec. 2127.35. An executor, administrator, or guardian shall	7747
make return of ~~his~~the executor's, administrator's, or guardian's	7748
proceedings under the order for the sale of real ~~estate~~property	7749
granted by the probate court. The court, after careful	7750
examination, if satisfied that the sale has in all respects been	7751
legally made, shall confirm the sale, and order the executor,	7752
administrator, or guardian to make a deed to the purchaser.	7753

The deed shall be received in all courts as prima-facie	7754
evidence that the executor, administrator, or guardian in all	7755
respects observed the direction of the court, and complied with	7756
the requirements of the law, ~~and~~ shall convey the interest in the	7757
real ~~estate~~property directed to be sold by the court, and shall	7758
vest title to the interest in the purchaser as if conveyed by the	7759
deceased in ~~his~~the deceased's lifetime, or by the ward free from	7760
disability, and by the owners of the remaining interests in the	7761
real ~~estate~~property.	7762

Sec. 2127.36. The order for the sale of real ~~estate~~property	7763
granted in an action by an executor, administrator, or guardian	7764
shall require that before the delivery of the deed the deferred	7765
installments of the purchase money be secured by mortgage on the	7766
real ~~estate~~property sold, and mortgage notes bearing interest at	7767
a rate approved by the probate court. If after the sale is made,	7768
and before delivery of the deed, the purchaser offers to pay the	7769
full amount of the purchase money in cash, the court may order	7770
that it be accepted, if for the best interest of the estate or the	7771
ward, and direct its distribution.	7772

The court in ~~such an~~that order may also direct the sale,	7773
without recourse, of any or all of the notes taken for deferred	7774
payments, if for the best interest of the estate or the ward, at	7775
not less than their face value with accrued interest, and direct	7776
the distribution of the proceeds.	7777

Sec. 2127.37. ~~When~~If an action to sell real ~~estate~~property	7778
is prosecuted by an executor or administrator he, the executor or	7779
administrator shall be allowed the compensation provided by law,	7780
by the probate court from which ~~his~~the executor's or	7781
administrator's letters issued. ~~When such~~If that action is by a	7782
guardian, ~~his~~the guardian's duties and obligations ~~therein~~in the	7783
action shall be considered by the court appointing ~~him~~the	7784
guardian in awarding ~~such~~the compensation asthat the court ~~deems~~	7785
considers reasonable.	7786

Sec. 2127.38. The sale price of real ~~estate~~property sold	7787
following an action by an executor, administrator, or guardian	7788
shall be applied and distributed as follows:	7789

(A) To discharge the costs and expenses of the sale,	7790
including reasonable fees to be fixed by the probate court for	7791
services performed by attorneys for the fiduciary in connection	7792
with the sale, and compensation, if any, to the fiduciary for ~~his~~	7793
services in connection with the sale as the court may fix, which	7794
costs, expenses, fees, and compensation shall be paid prior to any	7795
liens upon the real ~~estate~~property sold and notwithstanding the	7796
purchase of the real ~~estate~~property by a lien holder;	7797

(B) To the payment of taxes, interest, penalties, and	7798
assessments then due against the real ~~estate~~property, and to the	7799
payment of mortgages and judgments against the ward or deceased	7800
person, according to their respective priorities of lien, so far	7801
as they operated as a lien on the real ~~estate~~property of the	7802
deceased at the time of the sale, or on the estate of the ward at	7803
the time of the sale, ~~which~~that shall be apportioned and	7804
determined by the court, or on reference to a master, or	7805
otherwise;	7806

(C)(1) In the case of an executor or administrator, the	7807
remaining proceeds of sale shall be applied as follows:	7808

~~(1)~~(a) To the payment of legacies with which the real ~~estate~~	7809
property of the deceased was charged, if the action is to sell	7810
real ~~estate~~property to pay legacies;	7811

~~(2)~~(b) To discharge the claims and debts of the estate in the	7812
order provided by law.	7813

(2) Whether the executor or administrator was appointed in	7814
this state or elsewhere, the surplus of the proceeds of sale ~~must~~	7815
shall be considered for all purposes as real ~~estate~~property, and	7816
be disposed of accordingly.	7817

Sec. 2127.39. ~~When~~If an action to sell real ~~estate~~property	7818
is brought by an executor or administrator with the will annexed,	7819
if in the ~~last~~ will of the deceased there is a disposition of ~~his~~	7820
the decedent's estate for the payment of debts, or a provision	7821
that may require or induce the probate court to marshal the assets	7822
differently from the way the law otherwise would prescribe, ~~such~~	7823
those devises, or parts of the will, shall be set forth in the	7824
complaint, and a copy of the will exhibited to the court,	7825
whereupon the court shall marshal the proceeds of the sale	7826
accordingly, so far as it can be done consistently with the rights	7827
of creditors.	7828

Sec. 2127.40. When an action is brought by an executor or	7829
administrator to sell real ~~estate~~property to pay debts, the real	7830
~~estate~~property subject to sale shall include all rights and	7831
interests in ~~lands, tenements, and hereditaments~~real property	7832
transferred by the decedent in ~~his~~the decedent's lifetime with	7833
intent to defraud ~~his~~the decedent's creditors, except that ~~lands~~	7834
real property fraudulently transferred cannot be taken from any	7835
person who purchased them for a valuable consideration, in good	7836
faith, and without knowledge of the fraud. No claim to ~~such lands~~	7837
that real property shall be made unless within four years next	7838
after the decease of the grantor.	7839

If real ~~estate~~property fraudulently transferred is to be	7840
included in ~~such an~~that action, the executor or administrator,	7841
either before or at the same time, may commence a civil action in	7842
the court of common pleas in the county in which the real ~~estate~~	7843
property is situated to recover possession of it, or, in ~~his~~the	7844
action for its sale, hethe executor or administrator may allege	7845
the fraud and have the fraudulent transfer avoided. But when the	7846
real ~~estate~~property is included in the complaint before the	7847
recovery of possession by the executor or administrator, the	7848
action shall be brought in the court of common pleas in the county	7849
in which the real ~~estate~~property is situated.	7850

Sec. 2127.41. If, after the institution of proceedings for	7851
the partition of the real property of a decedent, it is found that	7852
the assets in the ~~hands~~possession or under the control of the	7853
executor or administrator probably are insufficient to pay the	7854
debts of the estate, together with the allowance for support of	7855
the surviving spouse, minor children, or surviving spouse and	7856
minor children as provided in section 2106.13 of the Revised Code,	7857
the expenses of administration, and the legacies that are a charge	7858
upon the real property, the executor or administrator shall make a	7859
written statement to the probate court of the assets,	7860
indebtedness, expenses, and legacies, and the court ~~forthwith~~	7861
shall ascertain the amount necessary to pay the debts, expenses,	7862
and legacies and give a certificate of the amount to the executor	7863
or administrator.	7864

The executor or administrator then shall present the	7865
certificate to the court in which the proceedings for partition	7866
are or have been pending, and, on ~~his~~the motion of the executor	7867
or administrator, the court shall order the amount named in the	7868
certificate to be paid over to the executor or administrator out	7869
of the proceeds of the sale of the premises, if thereafter they	7870
are sold or already have been sold. This section does not prohibit	7871
an executor or administrator from proceeding to sell real property	7872
belonging to the estate for the payment of debts or legacies,	7873
although it has been sold on partition or otherwise, or the	7874
proceeds of the sale have been fully distributed.	7875

Sec. 2127.42. Wards living out of this state and owning	7876
~~lands~~real property within it are entitled to the benefit of	7877
sections 2127.01 to 2127.43 of the Revised Code. Complaints for	7878
the sale of real ~~estate~~property by guardians of ~~such~~those wards	7879
shall be filed in the county in which the ~~land~~real property is	7880
situated, or if situated in two or more counties, then in one of	7881
the counties in which a part of it is situated. Additional	7882
security shall be required from ~~such~~the guardians, ~~when deemed~~if	7883
considered necessary by the probate court of the county in which	7884
the complaints are filed.	7885

Sec. 2127.43. ~~Chapter 2127. of the Revised Code~~This chapter	7886
extends to an action brought by the trustee of a nonresident minor	7887
or mentally ill or deficient person to sell the real ~~estate~~	7888
property of the ward.	7889

Sec. 2129.02. ~~When~~If letters of administration or letters	7890
testamentary have been granted in any state other than this state,	7891
in any territory or possession of the United States, or in any	7892
foreign country, as to the estate of a deceased resident of that	7893
state, territory, possession, or country, and ~~when~~if no ancillary	7894
administration proceedings have been commenced in this state, the	7895
person to whom the letters of appointment were granted may file an	7896
authenticated copy of them in the probate court of any county of	7897
this state in which is located real ~~estate~~property of the	7898
decedent.	7899

The claim of any creditor of ~~such a~~that decedent shall be	7900
subject to section 2117.06 of the Revised Code. The person filing	7901
~~such~~those letters in the probate court may accelerate the bar	7902
against claims against the estate established by that section, by	7903
giving written notice to a potential claimant that identifies the	7904
decedent by name, states the date of the death of the decedent,	7905
identifies the court, states its mailing address, and informs the	7906
potential claimant that any claims hethe potential claimant may	7907
have against the estate are required to be presented to the court	7908
within the earlier of thirty days after receipt of the notice by	7909
the potential claimant or ~~one year~~six months after the date of	7910
the death of the decedent. A claim of that potential claimant that	7911
is not presented to the court within the earlier of thirty days	7912
after receipt of the notice by the potential claimant or ~~one year~~	7913
six months after the date of the death of the decedent is forever	7914
barred as a possible lien upon the real ~~estate~~property of the	7915
decedent in this state. If, at the expiration of that period, any	7916
such claim has been filed and remains unpaid after reasonable	7917
notice of the claim to the nonresident executor or administrator,	7918
ancillary administration proceedings as to the estate may be had	7919
forthwith.	7920

Sec. 2129.05. Authenticated copies of wills, executed and	7921
proved according to the laws of any state or territory of the	7922
United States, relative to property in this state, may be admitted	7923
to record in the probate court of a county where a part of ~~such~~	7924
that property is situated. ~~Such~~The authenticated copies, so	7925
recorded, shall be as valid as wills made in this state.	7926

When such a will, or authenticated copy, is admitted to	7927
record, a copy ~~thereof~~of the will or of the authenticated copy,	7928
with the copy of the order to record it annexed ~~thereto~~to that	7929
copy, certified by the probate judge under the seal of ~~his~~the	7930
probate court, may be filed and recorded in the office of the	7931
probate judge of any other county where a part of ~~such~~the	7932
property is situated, and it shall be as effectual as the	7933
authenticated copy of ~~such~~the will would be if approved and	7934
admitted to record by the court.	7935

Sec. 2129.08. (A) After an authenticated copy of the will of	7936
a nonresident decedent has been allowed and admitted to record as	7937
provided in this chapter, and after there has been filed in the	7938
probate court a complete exemplification of the record of the	7939
grant of the domiciliary letters of appointment and of any other	7940
records of the court of domiciliary administration that the court	7941
requires, the court shall appoint as the ancillary administrator	7942
the person named in the will, or nominated in accordance with any	7943
power of nomination conferred in the will, as general executor of	7944
the decedent's estate or as executor of the portion of the	7945
decedent's estate located in this state, provided that the person	7946
makes application and qualifies under division (B)(2) of section	7947
2109.21 of the Revised Code and in all other respects as required	7948
by law. If the testator in the will naming or providing for the	7949
nomination of that executor orders or requests that bond not be	7950
given by ~~him~~that executor, bond shall not be required unless, for	7951
sufficient reason, the court requires it.	7952

(B) If a nonresident decedent died intestate, or failed to	7953
designate in ~~his~~the nonresident decedent's will any person	7954
qualified to act as ancillary administrator or to confer in the	7955
will a power to nominate a person as an executor as described in	7956
division (A) of this section, or if the will of a nonresident	7957
decedent conferred ~~such a~~that power but no person qualified to	7958
act as ancillary administrator was nominated, the court shall	7959
appoint in ~~such~~that capacity ~~some~~a suitable person who is a	7960
resident of the county including, but not limited to, a creditor	7961
of the estate.	7962

(C) An ancillary administrator, acting as to the estate of a	7963
testate decedent that is located in this state, may sell and	7964
convey the real and personal property by virtue of the will as	7965
executors or administrators with the will annexed may do.	7966

(D) No person shall be appointed as an ancillary	7967
administrator of the estate of a nonresident presumed decedent	7968
that is located in this state, except after Chapter 2121. of the	7969
Revised Code, relative to the appointment of an ancillary	7970
administrator, has been complied with.	7971

Sec. 2129.11. If no domiciliary administration has been	7972
commenced, the ancillary administrator shall proceed with the	7973
administration in ~~Ohio~~this state as though the decedent had been	7974
a resident of ~~Ohio~~this state at the time of ~~his~~the decedent's	7975
death.	7976

Sec. 2129.13. If an ancillary administrator finds that the	7977
personal property of the nonresident decedent in ~~Ohio~~this state	7978
is not sufficient to pay the expenses of administration, public	7979
rates and taxes, and other valid claims ~~which~~that have been	7980
presented, hethe ancillary administrator shall proceed to sell as	7981
much of the real ~~estate~~property of the decedent located in this	7982
state asthat is necessary to pay ~~such~~those debts. The procedure	7983
shall be the same as in sales of real ~~estate~~property in	7984
administration proceedings relating to the estates of resident	7985
decedents under sections 2127.01 to 2127.43~~, inclusive,~~ of the	7986
Revised Code.	7987

Sec. 2129.14. A domiciliary executor or administrator of a	7988
nonresident decedent may file in the probate court by which the	7989
ancillary administrator was appointed information showing that it	7990
will be necessary to sell ~~Ohio~~ real ~~estate~~property of the	7991
decedent located in this state to pay debts and legacies, and the	7992
court may thereupon authorize the ancillary administrator to sell	7993
~~such~~any part or all of ~~such~~the real ~~estate as~~property that is	7994
necessary. The ancillary administrator shall proceed to sell ~~such~~	7995
the real ~~estate~~property in the manner provided by section 2129.13	7996
of the Revised Code.	7997

Sec. 2129.15. Within five months after ~~his~~ appointment, the	7998
ancillary administrator of a nonresident decedent shall forward to	7999
the domiciliary administrator, if any, of ~~such~~the decedent, if	8000
the name and address of ~~such~~the domiciliary administrator are	8001
known, a certificate showing all assets of the estate in this	8002
state and all debts and liabilities including estimated expenses	8003
of administration. If the name and address of ~~such~~the domiciliary	8004
administrator are not known, ~~such~~the certificate shall be	8005
forwarded to the next of kin of the deceased whose names and	8006
addresses are known and to the court having jurisdiction in estate	8007
matters in the county in which the decedent resided at the time of	8008
~~his~~ death.	8009

Sec. 2129.17. An ancillary administrator shall file in the	8010
probate court of every county in ~~Ohio~~this state in which real	8011
~~estate~~property of the nonresident decedent is located a certified	8012
copy of the records in the court of ~~his~~the ancillary	8013
administrator's appointment ~~which~~that affect the title to ~~such~~	8014
that real ~~estate~~property.	8015

Sec. 2129.18. Whenever property of a nonresident decedent as	8016
to whose estate ancillary administration proceedings are being had	8017
in ~~Ohio~~this state passes by the laws of intestate succession or	8018
under a will to a beneficiary not named ~~therein~~in the will,	8019
proceedings may be had to determine the persons entitled to ~~such~~	8020
that property in the same manner as in the estates of resident	8021
decedents under sections 2123.01 to 2123.07~~, inclusive,~~ of the	8022
Revised Code. The ancillary administrator shall file a certified	8023
copy of ~~such~~the finding in the probate court in every county in	8024
~~Ohio~~this state in which real ~~estate~~property of the decedent is	8025
located. ~~Such~~The administrator shall procure and file in the	8026
court for the information of the court a certified copy of any	8027
determination of heirship relative to ~~such~~the decedent's estate	8028
made in the state of the domiciliary administration.	8029

Sec. 2129.19. Prior to filing ~~his~~the ancillary	8030
administrator's final account, an ancillary administrator shall	8031
file in the probate court an application for a certificate of	8032
transfer as to the real ~~estate~~property of the nonresident	8033
decedent situated in ~~Ohio~~this state, in the same manner as in the	8034
administration of the estates of resident decedents under section	8035
2113.61 of the Revised Code.	8036

Sec. 2129.23. When the expense of the ancillary	8037
administration of a nonresident decedent's estate, including ~~such~~	8038
any attorney's fee asthat is allowed by the probate court, all	8039
public charges and taxes, and all claims of creditors presented as	8040
provided in section 2129.12 of the Revised Code, have been paid,	8041
any residue of the personal ~~estate~~property and the proceeds of	8042
any real ~~estate~~property sold for the payment of debts shall be	8043
distributed by the ancillary administrator as follows:	8044

(A) With the approval of the court ~~such~~, the residue may be	8045
delivered to the domiciliary administrator or executor.	8046

(B) If the court so orders, ~~such~~the residue shall be	8047
delivered to the persons entitled ~~thereto~~to it.	8048

Sec. 2129.25. When an executor or administrator is appointed	8049
in any other state, territory, or foreign country for the estate	8050
of a person dying out of this state, and no executor or	8051
administrator ~~thereon~~for the estate is appointed in this state,	8052
the foreign executor or administrator may file an authenticated	8053
copy of ~~his~~the foreign executor's or administrator's appointment	8054
in the probate court of any county in which there is real ~~estate~~	8055
property of the deceased, together with an authenticated copy of	8056
the will. After filing ~~such~~those copies, hethe foreign executor	8057
or administrator may be authorized, under an order of the court,	8058
to sell real ~~estate~~property for the payment of debts or legacies	8059
and charges of administration, in the manner prescribed in	8060
sections 2127.01 to 2127.43~~, inclusive,~~ of the Revised Code.	8061

Sec. 2129.26. ~~When~~If it appears to the probate court	8062
granting the order of sale set forth in section 2129.25 of the	8063
Revised Code that the foreign executor or administrator is bound	8064
with sufficient surety in the state or country in which hethe	8065
foreign executor or administrator was appointed to account for the	8066
proceeds of ~~such~~the sale, for the payment of debts or legacies,	8067
and for charges of administration, and an authenticated copy of	8068
~~such~~the bond is filed in court, no further bond for that purpose	8069
shall be required of ~~him~~the foreign executor or administrator.	8070
~~When~~If the court finds that ~~such~~the bond is insufficient, before	8071
making ~~such~~the sale, ~~such~~the foreign executor or administrator	8072
~~must~~shall give bond to this state with two or more sufficient	8073
sureties, conditioned to account for and dispose of ~~such~~the	8074
proceeds of the sale for the payment of the debts or legacies of	8075
the deceased and the charges of administration according to the	8076
laws of the state or country in which hethe foreign executor or	8077
administrator was appointed.	8078

~~When such~~If the foreign executor or administrator is	8079
authorized by order of the court to sell more than is necessary	8080
for the payment of debts, legacies, and charges of administration,	8081
before making the sale, hethe foreign executor or administrator	8082
shall give bond with two or more sufficient sureties to this	8083
state, conditioned to account before the court for all the	8084
proceeds of the sale that remain and to dispose of ~~such~~the	8085
proceeds after payment of ~~such~~the debts, legacies, and charges.	8086

Sec. 2129.28. If a trustee is named in a foreign will ~~which~~	8087
that creates a trust relating to ~~lands~~real property situated in	8088
this state, ~~such~~the trustee may execute the trust upon giving	8089
bond to the state in ~~such~~the sum and with ~~such~~the sureties as	8090
that the probate court of the county in which ~~such lands~~the real	8091
property or a part ~~thereof are~~of the real property is situated	8092
approves, conditioned to discharge with fidelity the trust reposed	8093
in ~~him~~the trustee. If the testator in the will naming the trustee	8094
orders or requests that bond be not be given by ~~him~~the trustee,	8095
bond shall not be required, unless for sufficient cause the court	8096
requires it.	8097

Sec. 2129.29. If a trustee has been appointed under a	8098
foreign will ~~which~~that creates a trust relating to ~~lands~~real	8099
property situated in this state by a foreign court according to	8100
the laws of the foreign jurisdiction, hethe trustee may execute	8101
the trust upon giving bond as provided in section 2129.28 of the	8102
Revised Code, and after satisfying the probate court of the county	8103
in which ~~such lands~~the real property or a part of ~~them are~~it is	8104
situated, by an authenticated record of ~~his~~ appointment, that he	8105
the person or entity has been appointed trustee to execute the	8106
trust.	8107

Sec. 2129.30. ~~When~~If necessary, the probate court of the	8108
county where the property affected by the trust is situated, on	8109
application by petition of the parties interested, may appoint a	8110
trustee to carry into effect a trust created by a foreign will.	8111
~~Such~~The trustee, before entering upon ~~his~~the trust, ~~must~~shall	8112
give bond with ~~such~~the security and in ~~such~~the amount asthat	8113
the court directs.	8114

Sec. 2131.08. (A) Subject to sections 1746.14, 1747.09, and	8115
2131.09 of the Revised Code, no interest in real or personal	8116
property shall be good unless it must vest, if at all, not later	8117
than twenty-one years after a life or lives in being at the	8118
creation of the interest. All estates given in tail, by deed or	8119
will, in ~~lands or tenements~~real property lying within this state	8120
shall be and remain an absolute estate in fee simple to the issue	8121
of the first donee in tail. It is the intention by the adoption of	8122
this section to make effective in this state what is generally	8123
known as the common law rule against perpetuities, except as set	8124
forth in divisions (B) and (C) of this section.	8125

(B) For the purposes of this section and subject to sections	8126
1746.14, 1747.09, and 2131.09 of the Revised Code, the time of the	8127
creation of an interest in real or personal property subject to a	8128
power reserved by the grantor to revoke or terminate the interest	8129
shall be the time at which the reserved power expires by reason of	8130
the death of the grantor, by release of the power, or otherwise.	8131

(C) Any interest in real or personal property that would	8132
violate the rule against perpetuities, under division (A) of this	8133
section, shall be reformed, within the limits of the rule, to	8134
approximate most closely the intention of the creator of the	8135
interest. In determining whether an interest would violate the	8136
rule and in reforming an interest, the period of perpetuities	8137
shall be measured by actual rather than possible events.	8138

(D) Divisions (B) and (C) of this section shall be effective	8139
with respect to interests in real or personal property created by	8140
wills of decedents dying after December 31, 1967, with respect to	8141
interests in real or personal property created by inter vivos	8142
instruments executed after December 31, 1967, and with respect to	8143
interests in real or personal property created by inter vivos	8144
instruments executed on or before December 31, 1967, that by	8145
reason of division (B) of this section will be treated as	8146
interests created after December 31, 1967. Divisions (B) and (C)	8147
of this section shall be effective with respect to interests in	8148
real or personal property created by the exercise of a power of	8149
appointment if divisions (B) and (C) of this section apply to the	8150
instrument that exercises the power, whether or not divisions (B)	8151
and (C) of this section apply to the instrument that creates the	8152
power.	8153

Sec. 2131.11. ~~When~~If an investment share certificate, share	8154
account, deposit, or stock deposit is made, in any bank, building	8155
and loan or savings and loan association, credit union, or society	8156
for savings, payable to the owner during ~~his~~the owner's lifetime,	8157
and to another on ~~his~~the owner's death, ~~such~~the investment share	8158
certificate, share account, deposit, or stock deposit or, any part	8159
~~thereof~~of that certificate, account, or deposit, or any interest	8160
or dividend ~~thereon~~on the certificate, account, or deposit, may	8161
be paid to the owner during ~~his~~the owner's lifetime, and on ~~his~~	8162
the owner's death ~~such~~the investment share certificate, share	8163
account, deposit, or stock deposit or, any part ~~thereof~~of that	8164
certificate, account, or deposit, or any interest or dividend	8165
~~thereon~~on the certificate, account, or deposit, may be paid to	8166
the designated beneficiary, and the receipt of acquittance of the	8167
person paid is a sufficient release and discharge of the bank,	8168
building and loan or savings and loan association, credit union,	8169
or society for savings for any payment so made.	8170

Sec. 2133.04. (A) A declarant may revoke a declaration at	8171
any time and in any manner. The revocation shall be effective when	8172
the declarant expresses ~~his~~an intention to revoke the	8173
declaration, except that, if the declarant made ~~his~~the	8174
declarant's attending physician aware of the declaration, the	8175
revocation shall be effective upon its communication to the	8176
attending physician of the declarant by the declarant ~~himself~~, a	8177
witness to the revocation, or other health care personnel to whom	8178
the revocation is communicated by ~~such a~~that witness. Absent	8179
actual knowledge to the contrary, the attending physician of a	8180
declarant and other health care personnel who are informed of the	8181
revocation of a declaration by an alleged witness may rely on the	8182
information and act in accordance with the revocation.	8183

(B) Upon the communication as described in division (A) of	8184
this section to the attending physician of a declarant of the fact	8185
that ~~his~~the declaration has been revoked, the attending physician	8186
or other health care personnel acting under the direction of the	8187
attending physician shall make the fact a part of the declarant's	8188
medical record.	8189

Sec. 2133.05. (A) If the attending physician of a declarant	8190
and one other physician who examines the declarant determine that	8191
hethe declarant is in a terminal condition or in a permanently	8192
unconscious state, whichever is addressed in the declaration, if	8193
the attending physician additionally determines that the declarant	8194
no longer is able to make informed decisions regarding the	8195
administration of life-sustaining treatment for ~~himself~~the	8196
declarant and that there is no reasonable possibility that the	8197
declarant will regain the capacity to make those informed	8198
decisions for ~~himself~~the declarant, and if the attending	8199
physician is aware of the existence of the declarant's	8200
declaration, then the attending physician shall do all of the	8201
following:	8202

(1) Record the determinations, together with the terms of the	8203
declaration or any copy of the declaration acquired as described	8204
in division (C) of section 2133.02 of the Revised Code, in the	8205
declarant's medical record;	8206

(2)(a) Make a good faith effort, and use reasonable	8207
diligence, to notify either of the following of the	8208
determinations:	8209

(i) If the declarant designated in ~~his~~the declarant's	8210
declaration one or more persons to be notified at any time that	8211
life-sustaining treatment would be withheld or withdrawn pursuant	8212
to the declaration, that person or those persons;	8213

(ii) If division (A)(2)(a)(i) of this section is not	8214
applicable, the appropriate individual or individuals, in	8215
accordance with the following descending order of priority: if	8216
any, the guardian of the declarant, but this division does not	8217
permit or require, and shall not be construed as permitting or	8218
requiring, the appointment of a guardian for the declarant; the	8219
declarant's spouse; the declarant's adult children who are	8220
available within a reasonable period of time for consultation with	8221
the declarant's attending physician; the declarant's parents; or	8222
an adult sibling of the declarant or, if there is more than one	8223
adult sibling, a majority of the declarant's adult siblings who	8224
are available within a reasonable period of time for ~~such~~the	8225
consultation.	8226

(b) The attending physician shall record in the declarant's	8227
medical record the names of the individual or individuals notified	8228
pursuant to division (A)(2)(a) of this section and the manner of	8229
notification.	8230

(c) If, despite making a good faith effort, and despite using	8231
reasonable diligence, to notify the appropriate individual or	8232
individuals described in division (A)(2)(a) of this section, the	8233
attending physician cannot notify the individual or individuals of	8234
the determinations because the individual or individuals are	8235
deceased, cannot be located, or cannot be notified for some other	8236
reason, then the requirements of divisions (A)(2)(a) and (b) and	8237
(3) of this section and, except as provided in division (B)(1)(b)	8238
of this section, the provisions of division (B) of this section	8239
shall not apply in connection with the declarant and ~~his~~the	8240
declarant's declaration. However, the attending physician shall	8241
record in the declarant's medical record information pertaining to	8242
the reason for the failure to provide the requisite notices and	8243
information pertaining to the nature of the good faith effort and	8244
reasonable diligence used.	8245

(3) Afford time for the individual or individuals notified in	8246
accordance with division (A)(2) of this section to object in the	8247
manner described in division (B)(1)(a) of this section.	8248

(B)(1)(a) Within forty-eight hours after receipt of a notice	8249
pursuant to division (A)(2) of this section, any individual so	8250
notified shall advise the attending physician of the declarant	8251
whether hethe individual objects on a basis specified in division	8252
(B)(2)(c) of this section. If an objection as described in that	8253
division is communicated to the attending physician, then, within	8254
two business days after the communication, the individual shall	8255
file a complaint as described in division (B)(2) of this section	8256
in the probate court of the county in which the declarant is	8257
located. If the individual fails to so file a complaint, ~~his~~the	8258
individual's objections as described in division (B)(2)(c) of this	8259
section shall be considered to be void.	8260

(b) Within forty-eight hours after a person described in	8261
division (A)(2)(a)(i) of this section or a priority individual or	8262
any member of a priority class of individuals described in	8263
division (A)(2)(a)(ii) of this section receives a notice pursuant	8264
to division (A)(2) of this section or within forty-eight hours	8265
after information pertaining to an unnotified person described in	8266
division (A)(2)(a)(i) of this section or an unnotified priority	8267
individual or unnotified priority class of individuals described	8268
in division (A)(2)(a)(ii) of this section is recorded in a	8269
declarant's medical record pursuant to division (A)(2)(c) of this	8270
section, either of the following shall advise the attending	8271
physician of the declarant whether ~~he or they object~~there is an	8272
objection on a basis specified in division (B)(2)(c) of this	8273
section:	8274

(i) If a person described in division (A)(2)(a)(i) of this	8275
section was notified pursuant to division (A)(2) of this section	8276
or was the subject of a recordation under division (A)(2)(c) of	8277
this section, then the objection shall be communicated by the	8278
individual or a majority of the individuals in either of the first	8279
two classes of individuals that pertain to the declarant in the	8280
descending order of priority set forth in division (A)(2)(a)(ii)	8281
of this section.	8282

(ii) If an individual or individuals in the descending order	8283
of priority set forth in division (A)(2)(a)(ii) of this section	8284
were notified pursuant to division (A)(2) of this section or were	8285
the subject of a recordation under division (A)(2)(c) of this	8286
section, then the objection shall be communicated by the	8287
individual or a majority of the individuals in the next class of	8288
individuals that pertains to the declarant in the descending order	8289
of priority set forth in division (A)(2)(a)(ii) of this section.	8290

If an objection as described in division (B)(2)(c) of this	8291
section is communicated to the attending physician in accordance	8292
with division (B)(1)(b)(i) or (ii) of this section, then, within	8293
two business days after the communication, the objecting	8294
individual or majority shall file a complaint as described in	8295
division (B)(2) of this section in the probate court of the county	8296
in which the declarant is located. If the objecting individual or	8297
majority fails to file a complaint, ~~his or their~~the objections as	8298
described in division (B)(2)(c) of this section shall be	8299
considered to be void.	8300

(2) A complaint of an individual that is filed in accordance	8301
with division (B)(1)(a) of this section or of an individual or	8302
majority of individuals that is filed in accordance with division	8303
(B)(1)(b) of this section shall satisfy all of the following:	8304

(a) Name any health care facility in which the declarant is	8305
confined;	8306

(b) Name the declarant, ~~his~~the declarant's attending	8307
physician, and the consulting physician associated with the	8308
determination that the declarant is in a terminal condition or in	8309
a permanently unconscious state, whichever is addressed in the	8310
declaration;	8311

(c) Indicate whether the plaintiff or plaintiffs object on	8312
one or more of the following bases:	8313

(i) To the attending physician's and consulting physician's	8314
determinations that the declarant is in a terminal condition or in	8315
a permanently unconscious state, whichever is addressed in the	8316
declaration;	8317

(ii) To the attending physician's determination that the	8318
declarant no longer is able to make informed decisions regarding	8319
the administration of life-sustaining treatment;	8320

(iii) To the attending physician's determination that there	8321
is no reasonable possibility that the declarant will regain the	8322
capacity to make informed decisions regarding the administration	8323
of life-sustaining treatment;	8324

(iv) That the course of action proposed to be undertaken by	8325
the attending physician is not authorized by the declarant's	8326
declaration;	8327

(v) That the declaration was executed when the declarant was	8328
not of sound mind or was under or subject to duress, fraud, or	8329
undue influence;	8330

(vi) That the declaration otherwise does not substantially	8331
comply with this chapter.	8332

(d) Request the probate court to issue one of the following	8333
types of orders:	8334

(i) An order to the attending physician to reevaluate, in	8335
light of the court proceedings, the determination that the	8336
declarant is in a terminal condition or in a permanently	8337
unconscious state, whichever is addressed in the declaration, the	8338
determination that the declarant no longer is able to make	8339
informed decisions regarding the administration of life-sustaining	8340
treatment, the determination that there is no reasonable	8341
possibility that the declarant will regain the capacity to make	8342
those informed decisions, or the course of action proposed to be	8343
undertaken;	8344

(ii) An order invalidating the declaration because it was	8345
executed when the declarant was not of sound mind or was under or	8346
subject to duress, fraud, or undue influence, or because it	8347
otherwise does not substantially comply with this chapter;	8348

(e) Be accompanied by an affidavit of the plaintiff or	8349
plaintiffs that includes averments relative to whether hethe	8350
plaintiff is an individual or ~~they~~the plaintiffs are individuals	8351
as described in division (A)(2)(a)(i) or (ii) of this section and	8352
to the factual basis for ~~his~~the plaintiff's or ~~their~~the	8353
plaintiffs' objections;	8354

(f) Name any individuals who were notified by the attending	8355
physician in accordance with division (A)(2)(a) of this section	8356
and who are not joining in the complaint as plaintiffs;	8357

(g) Name, in the caption of the complaint, as defendants the	8358
attending physician of the declarant, the consulting physician	8359
associated with the determination that the declarant is in a	8360
terminal condition or in a permanently unconscious state,	8361
whichever is addressed in the declaration, any health care	8362
facility in which the declarant is confined, and any individuals	8363
who were notified by the attending physician in accordance with	8364
division (A)(2)(a) of this section and who are not joining in the	8365
complaint as plaintiffs.	8366

(3) Notwithstanding any contrary provision of the Revised	8367
Code or of the Rules of Civil Procedure, the state and persons	8368
other than an objecting individual as described in division	8369
(B)(1)(a) of this section, other than an objecting individual or	8370
majority of individuals as described in division (B)(2)(b)(i) or	8371
(ii) of this section, and other than persons described in division	8372
(B)(2)(g) of this section are prohibited from commencing a civil	8373
action under this section and from joining or being joined as	8374
parties to an action commenced under this section, including	8375
joining by way of intervention.	8376

(4)(a) A probate court in which a complaint as described in	8377
division (B)(2) of this section is filed within the period	8378
specified in division (B)(1)(a) or (b) of this section shall	8379
conduct a hearing on the complaint after a copy of the complaint	8380
and a notice of the hearing have been served upon the defendants.	8381
The clerk of the probate court in which the complaint is filed	8382
shall cause the complaint and the notice of the hearing to be so	8383
served in accordance with the Rules of Civil Procedure, which	8384
service shall be made, if possible, within three days after the	8385
filing of the complaint. The hearing shall be conducted at the	8386
earliest possible time, but no later than the third business day	8387
after ~~such~~the service has been completed. Immediately following	8388
the hearing, the court shall enter on its journal its	8389
determination whether a requested order will be issued.	8390

(b) If the declarant's declaration authorized the use or	8391
continuation of life-sustaining treatment should hethe declarant	8392
be in a terminal condition or in a permanently unconscious state	8393
and if the plaintiff or plaintiffs requested a reevaluation order	8394
to the attending physician of the declarant as described in	8395
division (B)(2)(d)(i) of this section, the court shall issue the	8396
reevaluation order only if it finds that the plaintiff or	8397
plaintiffs have established a factual basis for the objection or	8398
objections involved by clear and convincing evidence, to a	8399
reasonable degree of medical certainty, and in accordance with	8400
reasonable medical standards.	8401

(c) If the declarant's declaration authorized the withholding	8402
or withdrawal of life-sustaining treatment should hethe declarant	8403
be in a terminal condition or in a permanently unconscious state	8404
and if the plaintiff or plaintiffs requested a reevaluation order	8405
to the attending physician of the declarant as described in	8406
division (B)(2)(d)(i) of this section, the court shall issue the	8407
reevaluation order only if it finds that the plaintiff or	8408
plaintiffs have established a factual basis for the objection or	8409
objections involved by a preponderance of the evidence, to a	8410
reasonable degree of medical certainty, and in accordance with	8411
reasonable medical standards.	8412

(d) If the plaintiff or plaintiffs requested an invalidation	8413
order as described in division (B)(2)(d)(ii) of this section, the	8414
court shall issue the order only if it finds that the plaintiff or	8415
plaintiffs have established a factual basis for the objection or	8416
objections involved by clear and convincing evidence.	8417

(e) If the court issues a reevaluation order to the	8418
declarant's attending physician pursuant to division (B)(4)(b) or	8419
(c) of this section, then the attending physician shall make the	8420
requisite reevaluation. If, after doing so, the attending	8421
physician again determines that the declarant is in a terminal	8422
condition or in a permanently unconscious state, that the	8423
declarant no longer is able to make informed decisions regarding	8424
the administration of life-sustaining treatment, that there is no	8425
reasonable possibility that the declarant will regain the capacity	8426
to make those informed decisions, or that hethe attending	8427
physician would undertake the same proposed course of action, then	8428
hethe attending physician shall notify the court in writing of	8429
the determination and comply with the provisions of section	8430
2133.10 of the Revised Code.	8431

Sec. 2133.06. (A) As long as a qualified patient is able to	8432
make informed decisions regarding the administration of	8433
life-sustaining treatment, hethe qualified patient may continue	8434
to do so.	8435

(B) Life-sustaining treatment shall not be withheld or	8436
withdrawn from a declarant pursuant to a declaration if ~~she~~the	8437
declarant is pregnant and if the withholding or withdrawal of the	8438
treatment would terminate the pregnancy, unless the declarant's	8439
attending physician and one other physician who has examined the	8440
declarant determine, to a reasonable degree of medical certainty	8441
and in accordance with reasonable medical standards, that the	8442
fetus would not be born alive.	8443

Sec. 2133.08. (A)(1) If written consent to the withholding	8444
or withdrawal of life-sustaining treatment, witnessed by two	8445
individuals who satisfy the witness eligibility criteria set forth	8446
in division (B)(1) of section 2133.02 of the Revised Code, is	8447
given by the appropriate individual or individuals as specified in	8448
division (B) of this section to the attending physician of a	8449
patient who is an adult, and if all of the following apply in	8450
connection with the patient, then, subject to section 2133.09 of	8451
the Revised Code, ~~his~~the patient's attending physician may	8452
withhold or withdraw the life-sustaining treatment:	8453

(a) The attending physician and one other physician who	8454
examines the patient determine, in good faith, to a reasonable	8455
degree of medical certainty, and in accordance with reasonable	8456
medical standards, that the patient is in a terminal condition or	8457
the patient currently is and for at least the immediately	8458
preceding twelve months has been in a permanently unconscious	8459
state, and the attending physician additionally determines, in	8460
good faith, to a reasonable degree of medical certainty, and in	8461
accordance with reasonable medical standards, that the patient no	8462
longer is able to make informed decisions regarding the	8463
administration of life-sustaining treatment and that there is no	8464
reasonable possibility that the patient will regain the capacity	8465
to make those informed decisions.	8466

(b) The patient does not have a declaration that addresses	8467
~~his~~the patient's intent should hethe patient be determined to be	8468
in a terminal condition or in a permanently unconscious state,	8469
whichever applies, or a durable power of attorney for health care,	8470
or has a document that purports to be such a declaration or	8471
durable power of attorney for health care but that document is not	8472
legally effective.	8473

(c) The consent of the appropriate individual or individuals	8474
is given after consultation with the patient's attending physician	8475
and after receipt of information from the patient's attending	8476
physician or a consulting physician that is sufficient to satisfy	8477
the requirements of informed consent.	8478

(d) The appropriate individual or individuals who give a	8479
consent are of sound mind and voluntarily give the consent.	8480

(e) If a consent would be given under division (B)(3) of this	8481
section, the attending physician made a good faith effort, and	8482
used reasonable diligence, to notify the patient's adult children	8483
who are available within a reasonable period of time for	8484
consultation as described in division (A)(1)(c) of this section.	8485

(2) The consulting physician under division (A)(1)(a) of this	8486
section associated with a patient allegedly in a permanently	8487
unconscious state shall be a physician who, by virtue of advanced	8488
education or training, of a practice limited to particular	8489
diseases, illnesses, injuries, therapies, or branches of medicine	8490
or surgery or osteopathic medicine and surgery, of certification	8491
as a specialist in a particular branch of medicine or surgery or	8492
osteopathic medicine and surgery, or of experience acquired in the	8493
practice of medicine or surgery or osteopathic medicine and	8494
surgery, is qualified to determine whether the patient currently	8495
is and for at least the immediately preceding twelve months has	8496
been in a permanently unconscious state.	8497

(B) For purposes of division (A) of this section, a consent	8498
to withhold or withdraw life-sustaining treatment may be given by	8499
the appropriate individual or individuals, in accordance with the	8500
following descending order of priority:	8501

(1) If any, the guardian of the patient. This division does	8502
not permit or require, and shall not be construed as permitting or	8503
requiring, the appointment of a guardian for the patient.	8504

(2) The patient's spouse;

8505

(3) An adult child of the patient or, if there is more than	8506
one adult child, a majority of the patient's adult children who	8507
are available within a reasonable period of time for consultation	8508
with the patient's attending physician;	8509

(4) The patient's parents;

8510

(5) An adult sibling of the patient or, if there is more than	8511
one adult sibling, a majority of the patient's adult siblings who	8512
are available within a reasonable period of time for ~~such~~that	8513
consultation;	8514

(6) The nearest adult who is not described in divisions	8515
(B)(1) to (5) of this section, who is related to the patient by	8516
blood or adoption, and who is available within a reasonable period	8517
of time for ~~such~~that consultation.	8518

(C) If an appropriate individual or class of individuals	8519
entitled to decide under division (B) of this section whether or	8520
not to consent to the withholding or withdrawal of life-sustaining	8521
treatment for a patient is not available within a reasonable	8522
period of time for ~~such~~the consultation and competent to so	8523
decide, or declines to so decide, then the next priority	8524
individual or class of individuals specified in that division is	8525
authorized to make the decision. However, an equal division in a	8526
priority class of individuals under that division does not	8527
authorize the next class of individuals specified in that division	8528
to make the decision. If an equal division in a priority class of	8529
individuals under that division occurs, no written consent to the	8530
withholding or withdrawal of life-sustaining treatment from the	8531
patient can be given pursuant to this section.	8532

(D)(1) A decision to consent pursuant to this section to the	8533
use or continuation, or the withholding or withdrawal, of	8534
life-sustaining treatment for a patient shall be made in good	8535
faith.	8536

(2) Except as provided in division (D)(4) of this section, if	8537
the patient previously expressed ~~his~~an intention with respect to	8538
the use or continuation, or the withholding or withdrawal, of	8539
life-sustaining treatment should hethe patient subsequently be in	8540
a terminal condition or in a permanently unconscious state,	8541
whichever applies, and no longer able to make informed decisions	8542
regarding the administration of life-sustaining treatment, a	8543
consent given pursuant to this section shall be valid only if it	8544
is consistent with that previously expressed intention.	8545

(3) Except as provided in division (D)(4) of this section, if	8546
the patient did not previously express ~~his~~an intention with	8547
respect to the use or continuation, or the withholding or	8548
withdrawal, of life-sustaining treatment should hethe patient	8549
subsequently be in a terminal condition or in a permanently	8550
unconscious state, whichever applies, and no longer able to make	8551
informed decisions regarding the administration of life-sustaining	8552
treatment, a consent given pursuant to this section shall be valid	8553
only if it is consistent with the type of informed consent	8554
decision that the patient would have made if hethe patient	8555
previously had expressed ~~his~~an intention with respect to the use	8556
or continuation, or the withholding or withdrawal, of	8557
life-sustaining treatment should hethe patient subsequently be in	8558
a terminal condition or in a permanently unconscious state,	8559
whichever applies, and no longer able to make informed decisions	8560
regarding the administration of life-sustaining treatment, as	8561
inferred from the lifestyle and character of the patient, and from	8562
any other evidence of the desires of the patient, prior to ~~his~~the	8563
patient's becoming no longer able to make informed decisions	8564
regarding the administration of life-sustaining treatment. The	8565
Rules of Evidence shall not be binding for purposes of this	8566
division.	8567

(4)(a) The attending physician of the patient, and other	8568
health care personnel acting under the direction of the attending	8569
physician, who do not have actual knowledge of a previously	8570
expressed intention as described in division (D)(2) of this	8571
section or who do not have actual knowledge that the patient would	8572
have made a different type of informed consent decision under the	8573
circumstances described in division (D)(3) of this section, may	8574
rely on a consent given in accordance with this section unless a	8575
probate court decides differently under division (E) of this	8576
section.	8577

(b) The immunity conferred by division (C)(1) of section	8578
2133.11 of the Revised Code is not forfeited by an individual who	8579
gives a consent to the use or continuation, or the withholding or	8580
withdrawal, of life-sustaining treatment for a patient under	8581
division (B) of this section if the individual gives the consent	8582
in good faith and without actual knowledge, at the time of giving	8583
the consent, of either a contrary previously expressed intention	8584
of the patient, or a previously expressed intention of the	8585
patient, as described in division (D)(2) of this section, that is	8586
revealed to the individual subsequent to the time of giving the	8587
consent.	8588

(E)(1) Within forty-eight hours after a priority individual	8589
or class of individuals gives a consent pursuant to this section	8590
to the use or continuation, or the withholding or withdrawal, of	8591
life-sustaining treatment and communicates the consent to the	8592
patient's attending physician, any individual described in	8593
divisions (B)(1) to (5) of this section who objects to the	8594
application of this section to the patient shall advise the	8595
attending physician of the grounds for the objection. If an	8596
objection is so communicated to the attending physician, then,	8597
within two business days after that communication, the objecting	8598
individual shall file a complaint against the priority individual	8599
or class of individuals, the patient's attending physician, and	8600
the consulting physician associated with the determination that	8601
the patient is in a terminal condition or that the patient	8602
currently is and for at least the immediately preceding twelve	8603
months has been in a permanently unconscious state, in the probate	8604
court of the county in which the patient is located for the	8605
issuance of an order reversing the consent of the priority	8606
individual or class of individuals. If the objecting individual	8607
fails to so file a complaint, ~~his~~the individual's objections	8608
shall be considered to be void.	8609

A probate court in which a complaint is filed in accordance	8610
with this division shall conduct a hearing on the complaint after	8611
a copy of the complaint and a notice of the hearing have been	8612
served upon the defendants. The clerk of the probate court in	8613
which the complaint is filed shall cause the complaint and the	8614
notice of the hearing to be so served in accordance with the Rules	8615
of Civil Procedure, which service shall be made, if possible,	8616
within three days after the filing of the complaint. The hearing	8617
shall be conducted at the earliest possible time, but no later	8618
than the third business day after ~~such~~the service has been	8619
completed. Immediately following the hearing, the court shall	8620
enter on its journal its determination whether the decision of the	8621
priority individual or class of individuals to consent to the use	8622
or continuation, or the withholding or withdrawal, of	8623
life-sustaining treatment in connection with the patient will be	8624
confirmed or reversed.	8625

(2) If the decision of the priority individual or class of	8626
individuals was to consent to the use or continuation of	8627
life-sustaining treatment in connection with the patient, the	8628
court only may reverse that consent if the objecting individual	8629
establishes, by clear and convincing evidence and, if applicable,	8630
to a reasonable degree of medical certainty and in accordance with	8631
reasonable medical standards, one or more of the following:	8632

(a) The patient is able to make informed decisions regarding	8633
the administration of life-sustaining treatment.	8634

(b) The patient has a legally effective declaration that	8635
addresses ~~his~~the patient's intent should hethe patient be	8636
determined to be in a terminal condition or in a permanently	8637
unconscious state, whichever applies, or a legally effective	8638
durable power of attorney for health care.	8639

(c) The decision to use or continue life-sustaining treatment	8640
is not consistent with the previously expressed intention of the	8641
patient as described in division (D)(2) of this section.	8642

(d) The decision to use or continue life-sustaining treatment	8643
is not consistent with the type of informed consent decision that	8644
the patient would have made if hethe patient previously had	8645
expressed ~~his~~an intention with respect to the use or	8646
continuation, or the withholding or withdrawal, of life-sustaining	8647
treatment should hethe patient subsequently be in a terminal	8648
condition or in a permanently unconscious state, whichever	8649
applies, and no longer able to make informed decisions regarding	8650
the administration of life-sustaining treatment as described in	8651
division (D)(3) of this section.	8652

(e) The decision of the priority individual or class of	8653
individuals was not made after consultation with the patient's	8654
attending physician and after receipt of information from the	8655
patient's attending physician or a consulting physician that is	8656
sufficient to satisfy the requirements of informed consent.	8657

(f) The priority individual, or any member of the priority	8658
class of individuals, who made the decision to use or continue	8659
life-sustaining treatment was not of sound mind or did not	8660
voluntarily make the decision.	8661

(g) If the decision of a priority class of individuals under	8662
division (B)(3) of this section is involved, the patient's	8663
attending physician did not make a good faith effort, and use	8664
reasonable diligence, to notify the patient's adult children who	8665
were available within a reasonable period of time for consultation	8666
as described in division (A)(1)(c) of this section.	8667

(h) The decision of the priority individual or class of	8668
individuals otherwise was made in a manner that does not comply	8669
with this section.	8670

(3) If the decision of the priority individual or class of	8671
individuals was to consent to the withholding or withdrawal of	8672
life-sustaining treatment in connection with the patient, the	8673
court only may reverse that consent if the objecting individual	8674
establishes, by a preponderance of the evidence and, if	8675
applicable, to a reasonable degree of medical certainty and in	8676
accordance with reasonable medical standards, one or more of the	8677
following:	8678

(a) The patient is not in a terminal condition, the patient	8679
is not in a permanently unconscious state, or the patient has not	8680
been in a permanently unconscious state for at least the	8681
immediately preceding twelve months.	8682

(b) The patient is able to make informed decisions regarding	8683
the administration of life-sustaining treatment.	8684

(c) There is a reasonable possibility that the patient will	8685
regain the capacity to make informed decisions regarding the	8686
administration of life-sustaining treatment.	8687

(d) The patient has a legally effective declaration that	8688
addresses ~~his~~the patient's intent should hethe patient be	8689
determined to be in a terminal condition or in a permanently	8690
unconscious state, whichever applies, or a legally effective	8691
durable power of attorney for health care.	8692

(e) The decision to withhold or withdraw life-sustaining	8693
treatment is not consistent with the previously expressed	8694
intention of the patient as described in division (D)(2) of this	8695
section.	8696

(f) The decision to withhold or withdraw life-sustaining	8697
treatment is not consistent with the type of informed consent	8698
decision that the patient would have made if hethe patient	8699
previously had expressed ~~his~~an intention with respect to the use	8700
or continuation, or the withholding or withdrawal, of	8701
life-sustaining treatment should hethe patient subsequently be in	8702
a terminal condition or in a permanently unconscious state,	8703
whichever applies, and no longer able to make informed decisions	8704
regarding the administration of life-sustaining treatment as	8705
described in division (D)(3) of this section.	8706

(g) The decision of the priority individual or class of	8707
individuals was not made after consultation with the patient's	8708
attending physician and after receipt of information from the	8709
patient's attending physician or a consulting physician that is	8710
sufficient to satisfy the requirements of informed consent.	8711

(h) The priority individual, or any member of the priority	8712
class of individuals, who made the decision to withhold or	8713
withdraw life-sustaining treatment was not of sound mind or did	8714
not voluntarily make the decision.	8715

(i) If the decision of a priority class of individuals under	8716
division (B)(3) of this section is involved, the patient's	8717
attending physician did not make a good faith effort, and use	8718
reasonable diligence, to notify the patient's adult children who	8719
were available within a reasonable period of time for consultation	8720
as described in division (A)(1)(c) of this section.	8721

(j) The decision of the priority individual or class of	8722
individuals otherwise was made in a manner that does not comply	8723
with this section.	8724

(4) Notwithstanding any contrary provision of the Revised	8725
Code or of the Rules of Civil Procedure, the state and persons	8726
other than individuals described in divisions (B)(1) to (5) of	8727
this section are prohibited from filing a complaint under division	8728
(E) of this section and from joining or being joined as parties to	8729
a hearing conducted under division (E) of this section, including	8730
joining by way of intervention.	8731

(F) A valid consent given in accordance with this section	8732
supersedes any general consent to treatment form signed by or on	8733
behalf of the patient prior to, upon, or after ~~his~~the patient's	8734
admission to a health care facility to the extent there is a	8735
conflict between the consent and the form.	8736

(G) Life-sustaining treatment shall not be withheld or	8737
withdrawn from a patient pursuant to a consent given in accordance	8738
with this section if ~~she~~the patient is pregnant and if the	8739
withholding or withdrawal of the treatment would terminate the	8740
pregnancy, unless the patient's attending physician and one other	8741
physician who has examined the patient determine, to a reasonable	8742
degree of medical certainty and in accordance with reasonable	8743
medical standards, that the fetus would not be born alive.	8744

Sec. 2133.09. (A) The attending physician of a patient who	8745
is an adult and who currently is and for at least the immediately	8746
preceding twelve months has been in a permanently unconscious	8747
state may withhold or withdraw nutrition and hydration in	8748
connection with the patient only if all of the following apply:	8749

(1) Written consent to the withholding or withdrawal of	8750
life-sustaining treatment in connection with the patient has been	8751
given by an appropriate individual or individuals in accordance	8752
with section 2133.08 of the Revised Code, and divisions (A)(1)(a)	8753
to (e) and (2) of that section have been satisfied.	8754

(2) A probate court has not reversed the consent to the	8755
withholding or withdrawal of life-sustaining treatment in	8756
connection with the patient pursuant to division (E) of section	8757
2133.08 of the Revised Code.	8758

(3) The attending physician of the patient and one other	8759
physician as described in division (A)(2) of section 2133.08 of	8760
the Revised Code who examines the patient determine, in good	8761
faith, to a reasonable degree of medical certainty, and in	8762
accordance with reasonable medical standards, that nutrition and	8763
hydration will not or no longer will provide comfort or alleviate	8764
pain in connection with the patient.	8765

(4) Written consent to the withholding or withdrawal of	8766
nutrition and hydration in connection with the patient, witnessed	8767
by two individuals who satisfy the witness eligibility criteria	8768
set forth in division (B)(1) of section 2133.02 of the Revised	8769
Code, is given to the attending physician of the patient by an	8770
appropriate individual or individuals as specified in division (B)	8771
of section 2133.08 of the Revised Code.	8772

(5) The written consent to the withholding or withdrawal of	8773
the nutrition and hydration in connection with the patient is	8774
given in accordance with division (B) of this section.	8775

(6) The probate court of the county in which the patient is	8776
located issues an order to withhold or withdraw the nutrition and	8777
hydration in connection with the patient pursuant to division (C)	8778
of this section.	8779

(B)(1) A decision to consent pursuant to this section to the	8780
withholding or withdrawal of nutrition and hydration in connection	8781
with a patient shall be made in good faith.	8782

(2) Except as provided in division (B)(4) of this section, if	8783
the patient previously expressed ~~his~~an intention with respect to	8784
the use or continuation, or the withholding or withdrawal, of	8785
nutrition and hydration should hethe patient subsequently be in a	8786
permanently unconscious state and no longer able to make informed	8787
decisions regarding the administration of nutrition and hydration,	8788
a consent given pursuant to this section shall be valid only if it	8789
is consistent with that previously expressed intention.	8790

(3) Except as provided in division (B)(4) of this section, if	8791
the patient did not previously express ~~his~~an intention with	8792
respect to the use or continuation, or the withholding or	8793
withdrawal, of nutrition and ~~hyrdation~~hydration should hethe	8794
patient subsequently be in a permanently unconscious state and no	8795
longer able to make informed decisions regarding the	8796
administration of nutrition and hydration, a consent given	8797
pursuant to this section shall be valid only if it is consistent	8798
with the type of informed consent decision that the patient would	8799
have made if hethe patient previously had expressed ~~his~~an	8800
intention with respect to the use or continuation, or the	8801
withholding or withdrawal, of nutrition and hydration should he	8802
the patient subsequently be in a permanently unconscious state and	8803
no longer able to make informed decisions regarding the	8804
administration of nutrition and hydration, as inferred from the	8805
lifestyle and character of the patient, and from any other	8806
evidence of the desires of the patient, prior to ~~his~~the patient's	8807
becoming no longer able to make informed decisions regarding the	8808
administration of nutrition and hydration. The Rules of Evidence	8809
shall not be binding for purposes of this division.	8810

(4)(a) The attending physician of the patient, and other	8811
health care personnel acting under the direction of the attending	8812
physician, who do not have actual knowledge of a previously	8813
expressed intention as described in division (B)(2) of this	8814
section or who do not have actual knowledge that the patient would	8815
have made a different type of informed consent decision under the	8816
circumstances described in division (B)(3) of this section, may	8817
rely on a consent given in accordance with this section unless a	8818
probate court decides differently under division (C) of this	8819
section.	8820

(b) The immunity conferred by division (C)(2) of section	8821
2133.11 of the Revised Code is not forfeited by an individual who	8822
gives a consent to the withholding or withdrawal of nutrition and	8823
hydration in connection with a patient under division (A)(4) of	8824
this section if the individual gives the consent in good faith and	8825
without actual knowledge, at the time of giving the consent, of	8826
either a contrary previously expressed intention of the patient,	8827
or a previously expressed intention of the patient, as described	8828
in ~~divison~~division (B)(2) of this section, that is revealed to	8829
the individual subsequent to the time of giving the consent.	8830

(C)(1) Prior to the withholding or withdrawal of nutrition	8831
and hydration in connection with a patient pursuant to this	8832
section, the priority individual or class of individuals that	8833
consented to the withholding or withdrawal of the nutrition and	8834
hydration shall apply to the probate court of the county in which	8835
the patient is located for the issuance of an order that	8836
authorizes the attending physician of the patient to commence the	8837
withholding or withdrawal of the nutrition and hydration in	8838
connection with the patient. Upon the filing of the application,	8839
the clerk of the probate court shall schedule a hearing on it and	8840
cause a copy of it and a notice of the hearing to be served in	8841
accordance with the Rules of Civil Procedure upon the applicant,	8842
the attending physician, the consulting physician associated with	8843
the determination that nutrition and hydration will not or no	8844
longer will provide comfort or alleviate pain in connection with	8845
the patient, and the individuals described in divisions (B)(1) to	8846
(5) of section 2133.08 of the Revised Code who are not applicants,	8847
which service shall be made, if possible, within three days after	8848
the filing of the application. The hearing shall be conducted at	8849
the earliest possible time, but no sooner than the thirtieth	8850
business day, and no later than the sixtieth business day, after	8851
~~such~~the service has been completed.	8852

At the hearing, any individual described in divisions (B)(1)	8853
to (5) of section 2133.08 of the Revised Code who is not an	8854
applicant and who disagrees with the decision of the priority	8855
individual or class of individuals to consent to the withholding	8856
or withdrawal of nutrition and hydration in connection with the	8857
patient shall be permitted to testify and present evidence	8858
relative to the use or continuation of nutrition and hydration in	8859
connection with the patient. Immediately following the hearing,	8860
the court shall enter on its journal its determination whether the	8861
requested order will be issued.	8862

(2) The court shall issue an order that authorizes the	8863
patient's attending physician to commence the withholding or	8864
withdrawal of nutrition and hydration in connection with the	8865
patient only if the applicants establish, by clear and convincing	8866
evidence, to a reasonable degree of medical certainty, and in	8867
accordance with reasonable medical standards, all of the	8868
following:	8869

(a) The patient currently is and for at least the immediately	8870
preceding twelve months has been in a permanently unconscious	8871
state.	8872

(b) The patient no longer is able to make informed decisions	8873
regarding the administration of life-sustaining treatment.	8874

(c) There is no reasonable possibility that the patient will	8875
regain the capacity to make informed decisions regarding the	8876
administration of life-sustaining treatment.	8877

(d) The conditions specified in divisions (A)(1) to (4) of	8878
this section have been satisfied.	8879

(e) The decision to withhold or withdraw nutrition and	8880
hydration in connection with the patient is consistent with the	8881
previously expressed intention of the patient as described in	8882
division (B)(2) of this section or is consistent with the type of	8883
informed consent decision that the patient would have made if he	8884
the patient previously had expressed ~~his~~an intention with respect	8885
to the use or continuation, or the withholding or withdrawal, of	8886
nutrition and hydration should hethe patient subsequently be in a	8887
permanently unconscious state and no longer able to make informed	8888
decisions regarding the administration of nutrition and hydration	8889
as described in division (B)(3) of this section.	8890

(3) Notwithstanding any contrary provision of the Revised	8891
Code or of the Rules of Civil Procedure, the state and persons	8892
other than individuals described in division (A)(4) of this	8893
section or in divisions (B)(1) to (5) of section 2133.08 of the	8894
Revised Code and other than the attending physician and consulting	8895
physician associated with the determination that nutrition and	8896
hydration will not or no longer will provide comfort or alleviate	8897
pain in connection with the patient are prohibited from filing an	8898
application under this division and from joining or being joined	8899
as parties to a hearing conducted under this division, including	8900
joining by way of intervention.	8901

(D) A valid consent given in accordance with this section	8902
supersedes any general consent to treatment form signed by or on	8903
behalf of the patient prior to, upon, or after ~~his~~the patient's	8904
admission to a health care facility to the extent there is a	8905
conflict between the consent and the form.	8906

Sec. 2151.13. The juvenile judge may appoint such bailiffs,	8907
probation officers, and other employees as are necessary and may	8908
designate their titles and fix their duties, compensation, and	8909
expense allowances. The juvenile court may by entry on its journal	8910
authorize any deputy clerk to administer oaths when necessary in	8911
the discharge of ~~his~~the deputy clerk's duties. Such employees	8912
shall serve during the pleasure of the judge.	8913

The compensation and expenses of all employees and the salary	8914
and expenses of the judge shall be paid in semimonthly	8915
installments by the county treasurer from the money appropriated	8916
for the operation of the court, upon the warrant of the county	8917
auditor, certified to by the judge.	8918

The judge may require any employee to give bond in the sum of	8919
not less than one thousand dollars, conditioned for the honest and	8920
faithful performance of ~~his~~the employee's duties. The sureties on	8921
such bonds shall be approved in the manner provided by section	8922
2151.12 of the Revised Code. The judge shall not be personally	8923
liable for the default, misfeasance, or nonfeasance of any	8924
employee ~~from whom a bond has been required~~.	8925

Sec. 2335.34. On the first Monday of January, each year, the	8926
clerk of each court of common pleas and court of appeals, each	8927
probate judge, and each sheriff shall make two certified lists of	8928
causes in which money has been paid and has remained in the hands	8929
of ~~such~~that person or in the hands of a former clerk, probate	8930
judge, or sheriff, for one year next preceding ~~such~~that first	8931
Monday of January. ~~Such~~The lists shall designate the amount of	8932
money and in whose hands it remains. One list shall be set up in a	8933
conspicuous place by ~~such~~the officer, in ~~his~~the officer's	8934
office, for the period of thirty days, and the other list shall be	8935
posted at ~~or on the door~~a public area of the courthouse or	8936
published on the web site of the court or officer, on the second	8937
Monday of January, for the same period of time.	8938

Sec. 3101.02. Any consent required under section 3101.01 of	8939
the Revised Code shall be personally given before the probate	8940
judge or a deputy clerk of the probate court, or certified under	8941
the hand of the person consenting, by two witnesses, one of whom	8942
~~must~~shall appear before the judge and make oath that hethe	8943
witness saw the person whose name is annexed to the certificate	8944
subscribe it, or heard ~~him~~the person consenting acknowledge it.	8945

Sec. 3101.03. If the parent or guardian of a minor is a	8946
nonresident of, or is absent from, the county in which the	8947
marriage license is applied for, hethe parent or guardian	8948
personally may appear before the official upon whose authority	8949
marriage licenses are issued, in the county in which hethe parent	8950
or guardian is at the time domiciled, and give ~~his~~ consent in	8951
writing to ~~such~~that marriage. The consent ~~must~~shall be attested	8952
to by two witnesses, certified to by ~~such~~that official, and	8953
forwarded to the probate judge of the county in which the license	8954
is applied for. The probate judge may administer any oath	8955
required, issue and sign ~~such~~the license, and affix the seal of	8956
the probate court.	8957

Sec. 3101.10. A minister upon producing to the secretary of	8958
state, credentials of ~~his~~the minister's being a regularly	8959
ordained or licensed minister of any religious society or	8960
congregation, shall be entitled to receive from the secretary of	8961
state a license authorizing ~~him~~the minister to solemnize	8962
marriages in this state so long as hethe minister continues as a	8963
regular minister in ~~such~~that society or congregation. A minister	8964
shall produce for inspection ~~his~~the minister's license to	8965
solemnize marriages upon demand of any party to a marriage at	8966
which hethe minister officiates or proposes to officiate or upon	8967
demand of any probate judge.	8968

Sec. 3101.13. Except as otherwise provided in this section,	8969
a certificate of every marriage solemnized shall be transmitted by	8970
the authorized person solemnizing the marriage, within thirty days	8971
after the solemnization, to the probate judge of the county in	8972
which the marriage license was issued. If, in accordance with	8973
section 2101.27 of the Revised Code, a probate judge solemnizes a	8974
marriage and if the probate judge issued the marriage license to	8975
the husband and wife, hethe probate judge shall file a	8976
certificate of that solemnized marriage in ~~his~~the probate judge's	8977
office within thirty days after the solemnization. All ~~such~~of the	8978
transmitted and filed certificates shall be consecutively numbered	8979
and recorded in the order in which they are received.	8980

Sec. 3101.14. Every marriage license shall have printed upon	8981
it in prominent type the notice that, unless the person	8982
solemnizing the marriage returns a certificate of the solemnized	8983
marriage to the probate court that issued the marriage license	8984
within thirty days after performing the ceremony, or, if the	8985
person solemnizing the marriage is a probate judge who is acting	8986
in accordance with section 2101.27 of the Revised Code and who	8987
issued the marriage license to the husband and wife, unless ~~such a~~	8988
that probate judge files a certificate of the solemnized marriage	8989
in ~~his~~the probate judge's office within thirty days after the	8990
solemnization, hethe person or probate judge is guilty of a minor	8991
misdemeanor and, upon conviction, may be punished by a fine of	8992
fifty dollars. An envelope suitable for returning the certificate	8993
of marriage, and addressed to the proper probate court, shall be	8994
given with each license, except that this requirement does not	8995
apply if a marriage is to be solemnized by a probate judge who is	8996
acting in accordance with section 2101.27 of the Revised Code and	8997
who issued the marriage license to the husband and wife.	8998

Sec. 3313.85. If the board of education of any city,	8999
exempted village, or local school district or the governing board	9000
of any educational service center ~~fails to perform the duties~~	9001
~~imposed upon it or~~ fails to fill a vacancy in ~~such~~that board	9002
within a period of thirty days after ~~such~~the vacancy occurs, the	9003
probate court of the county in which ~~such~~the district or service	9004
center is located, upon being advised and satisfied of ~~such~~that	9005
failure, shall act as ~~such~~that board ~~and perform all duties~~	9006
~~imposed upon such board~~to fill any vacancy as promptly as	9007
possible.	9008

Sec. 5111.113. (A) As used in this section:

9009

(1) "Adult care facility" has the same meaning as in section	9010
5119.70 of the Revised Code.	9011

(2) "Commissioner" means a person appointed by a probate	9012
court under division ~~(B)~~(E) of section 2113.03 of the Revised Code	9013
to act as a commissioner.	9014

(3) "Home" has the same meaning as in section 3721.10 of the	9015
Revised Code.	9016

(4) "Personal needs allowance account" means an account or	9017
petty cash fund that holds the money of a resident of an adult	9018
care facility or home and that the facility or home manages for	9019
the resident.	9020

(B) Except as provided in divisions (C) and (D) of this	9021
section, the owner or operator of an adult care facility or home	9022
shall transfer to the department of job and family services the	9023
money in the personal needs allowance account of a resident of the	9024
facility or home who was a recipient of the medical assistance	9025
program no earlier than sixty days but not later than ninety days	9026
after the resident dies. The adult care facility or home shall	9027
transfer the money even though the owner or operator of the	9028
facility or home has not been issued letters testamentary or	9029
letters of administration concerning the resident's estate.	9030

(C) If funeral or burial expenses for a resident of an adult	9031
care facility or home who has died have not been paid and the only	9032
resource the resident had that could be used to pay for the	9033
expenses is the money in the resident's personal needs allowance	9034
account, or all other resources of the resident are inadequate to	9035
pay the full cost of the expenses, the money in the resident's	9036
personal needs allowance account shall be used to pay for the	9037
expenses rather than being transferred to the department of job	9038
and family services pursuant to division (B) of this section.	9039

(D) If, not later than sixty days after a resident of an	9040
adult care facility or home dies, letters testamentary or letters	9041
of administration are issued, or an application for release from	9042
administration is filed under section 2113.03 of the Revised Code,	9043
concerning the resident's estate, the owner or operator of the	9044
facility or home shall transfer the money in the resident's	9045
personal needs allowance account to the administrator, executor,	9046
commissioner, or person who filed the application for release from	9047
administration.	9048

(E) The transfer or use of money in a resident's personal	9049
needs allowance account in accordance with division (B), (C), or	9050
(D) of this section discharges and releases the adult care	9051
facility or home, and the owner or operator of the facility or	9052
home, from any claim for the money from any source.	9053

(F) If, sixty-one or more days after a resident of an adult	9054
care facility or home dies, letters testamentary or letters of	9055
administration are issued, or an application for release from	9056
administration under section 2113.03 of the Revised Code is filed,	9057
concerning the resident's estate, the department of job and family	9058
services shall transfer the funds to the administrator, executor,	9059
commissioner, or person who filed the application, unless the	9060
department is entitled to recover the money under the medicaid	9061
estate recovery program instituted under section 5111.11 of the	9062
Revised Code.	9063

Section 2. That existing sections 2101.01, 2101.02, 2101.021,	9064
2101.03, 2101.04, 2101.06, 2101.07, 2101.08, 2101.09, 2101.10,	9065
2101.11, 2101.13, 2101.15, 2101.16, 2101.162, 2101.19, 2101.20,	9066
2101.22, 2101.23, 2101.24, 2101.27, 2101.30, 2101.34, 2101.37,	9067
2101.38, 2101.41, 2101.43, 2103.01, 2105.051, 2105.06, 2105.10,	9068
2105.11, 2105.13, 2105.14, 2105.15, 2105.16, 2105.19, 2106.01,	9069
2106.08, 2106.11, 2107.01, 2107.02, 2107.03, 2107.04, 2107.05,	9070
2107.07, 2107.08, 2107.081, 2107.082, 2107.083, 2107.084,	9071
2107.085, 2107.09, 2107.10, 2107.11, 2107.15, 2107.17, 2107.18,	9072
2107.20, 2107.21, 2107.22, 2107.29, 2107.32, 2107.34, 2107.35,	9073
2107.36, 2107.38, 2107.46, 2107.47, 2107.49, 2107.50, 2107.501,	9074
2107.51, 2107.52, 2107.53, 2107.54, 2107.55, 2107.56, 2107.58,	9075
2107.59, 2107.60, 2107.61, 2107.65, 2107.71, 2107.73, 2107.75,	9076
2108.51, 2109.02, 2109.021, 2109.03, 2109.04, 2109.05, 2109.06,	9077
2109.07, 2109.09, 2109.10, 2109.11, 2109.12, 2109.14, 2109.17,	9078
2109.19, 2109.20, 2109.21, 2109.22, 2109.24, 2109.25, 2109.26,	9079
2109.302, 2109.303, 2109.32, 2109.33, 2109.34, 2109.35, 2109.36,	9080
2109.361, 2109.37, 2109.371, 2109.372, 2109.38, 2109.39, 2109.40,	9081
2109.42, 2109.43, 2109.44, 2109.45, 2109.46, 2109.47, 2109.48,	9082
2109.49, 2109.50, 2109.51, 2109.52, 2109.53, 2109.54, 2109.55,	9083
2109.56, 2109.57, 2109.58, 2109.59, 2109.60, 2109.61, 2109.62,	9084
2111.02, 2111.021, 2111.031, 2111.04, 2111.041, 2111.06, 2111.07,	9085
2111.09, 2111.091, 2111.12, 2111.131, 2111.14, 2111.141, 2111.16,	9086
2111.17, 2111.181, 2111.19, 2111.20, 2111.21, 2111.22, 2111.25,	9087
2111.26, 2111.27, 2111.28, 2111.29, 2111.30, 2111.31, 2111.33,	9088
2111.34, 2111.35, 2111.36, 2111.37, 2111.38, 2111.39, 2111.40,	9089
2111.41, 2111.44, 2111.46, 2111.48, 2111.50, 2113.01, 2113.03,	9090
2113.04, 2113.05, 2113.06, 2113.07, 2113.12, 2113.13, 2113.14,	9091
2113.15, 2113.16, 2113.18, 2113.19, 2113.20, 2113.21, 2113.22,	9092
2113.25, 2113.30, 2113.31, 2113.311, 2113.33, 2113.34, 2113.35,	9093
2113.36, 2113.39, 2113.40, 2113.41, 2113.45, 2113.46, 2113.48,	9094
2113.49, 2113.50, 2113.51, 2113.52, 2113.54, 2113.58, 2113.61,	9095
2113.62, 2113.67, 2113.68, 2113.69, 2113.70, 2113.72, 2113.73,	9096
2113.74, 2113.75, 2113.81, 2113.82, 2113.85, 2113.86, 2113.87,	9097
2113.88, 2115.02, 2115.03, 2115.06, 2115.09, 2115.10, 2115.11,	9098
2115.12, 2115.16, 2115.17, 2117.01, 2117.02, 2117.03, 2117.04,	9099
2117.061, 2117.08, 2117.09, 2117.10, 2117.13, 2117.15, 2117.17,	9100
2117.18, 2117.30, 2117.31, 2117.34, 2117.35, 2117.36, 2117.37,	9101
2117.41, 2117.42, 2119.01, 2119.02, 2119.03, 2119.04, 2119.05,	9102
2121.01, 2121.02, 2121.05, 2121.06, 2121.08, 2121.09, 2123.02,	9103
2123.03, 2123.05, 2123.06, 2127.011, 2127.02, 2127.04, 2127.05,	9104
2127.06, 2127.07, 2127.08, 2127.09, 2127.10, 2127.11, 2127.12,	9105
2127.13, 2127.14, 2127.15, 2127.16, 2127.17, 2127.18, 2127.19,	9106
2127.21, 2127.22, 2127.23, 2127.24, 2127.27, 2127.28, 2127.29,	9107
2127.30, 2127.32, 2127.33, 2127.34, 2127.35, 2127.36, 2127.37,	9108
2127.38, 2127.39, 2127.40, 2127.41, 2127.42, 2127.43, 2129.02,	9109
2129.05, 2129.08, 2129.11, 2129.13, 2129.14, 2129.15, 2129.17,	9110
2129.18, 2129.19, 2129.23, 2129.25, 2129.26, 2129.28, 2129.29,	9111
2129.30, 2131.08, 2131.11, 2133.04, 2133.05, 2133.06, 2133.08,	9112
2133.09, 2151.13, 2335.34, 3101.02, 3101.03, 3101.10, 3101.13,	9113
3101.14, 3313.85, and 5111.113 and sections 2101.36, 2113.02,	9114
2113.17, 2113.24, 2113.26, 2113.27, 2113.28, 2113.29, 2113.57,	9115
and 2113.63 of the Revised Code are hereby repealed.	9116

Section 3. The provisions of this act that relate to the	9117
estates of decedents apply to the estates of decedents who die on	9118
or after the effective date of this act.	9119

Section 4. The General Assembly, applying the principle	9120
stated in division (B) of section 1.52 of the Revised Code that	9121
amendments are to be harmonized if reasonably capable of	9122
simultaneous operation, finds that the following sections,	9123
presented in this act as composites of the sections as amended by	9124
the acts indicated, are the resulting versions of the sections in	9125
effect prior to the effective date of the sections as presented in	9126
this act:	9127

Section 2101.24 of the Revised Code as amended by both Sub.	9128
H.B. 416 and Sub. H.B. 426 of the 126th General Assembly.	9129

Section 2109.44 of the Revised Code as amended by both Am.	9130
Sub. H.B. 538 and Sub. S.B. 129 of the 121st General Assembly.	9131