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To amend sections 2101.01, 2101.02, 2101.021, | 1 |
2101.03, 2101.04, 2101.06, 2101.07, 2101.08, | 2 |
2101.09, 2101.10, 2101.11, 2101.13, 2101.15, | 3 |
2101.16, 2101.162, 2101.19, 2101.20, 2101.22, | 4 |
2101.23, 2101.24, 2101.27, 2101.30, 2101.34, | 5 |
2101.37, 2101.38, 2101.41, 2101.43, 2103.01, | 6 |
2105.051, 2105.06, 2105.09, 2105.10, 2105.11, | 7 |
2105.13, 2105.14, 2105.15, 2105.16, 2105.19, | 8 |
2106.01, 2106.08, 2106.11, 2107.01, 2107.02, | 9 |
2107.03, 2107.04, 2107.05, 2107.07, 2107.08, | 10 |
2107.081, 2107.082, 2107.083, 2107.084, 2107.085, | 11 |
2107.09, 2107.10, 2107.11, 2107.15, 2107.17, | 12 |
2107.18, 2107.20, 2107.21, 2107.22, 2107.29, | 13 |
2107.32, 2107.34, 2107.35, 2107.36, 2107.38, | 14 |
2107.46, 2107.47, 2107.49, 2107.50, 2107.501, | 15 |
2107.51, 2107.52, 2107.53, 2107.54, 2107.55, | 16 |
2107.56, 2107.58, 2107.59, 2107.60, 2107.61, | 17 |
2107.65, 2107.71, 2107.73, 2107.75, 2108.51, | 18 |
2109.02, 2109.021, 2109.03, 2109.04, 2109.05, | 19 |
2109.06, 2109.07, 2109.09, 2109.10, 2109.11, | 20 |
2109.12, 2109.14, 2109.17, 2109.19, 2109.20, | 21 |
2109.21, 2109.22, 2109.24, 2109.25, 2109.26, | 22 |
2109.302, 2109.303, 2109.32, 2109.33, 2109.34, | 23 |
2109.35, 2109.36, 2109.361, 2109.37, 2109.371, | 24 |
2109.372, 2109.38, 2109.39, 2109.40, 2109.42, | 25 |
2109.43, 2109.44, 2109.45, 2109.46, 2109.47, | 26 |
2109.48, 2109.49, 2109.50, 2109.51, 2109.52, | 27 |
2109.53, 2109.54, 2109.55, 2109.56, 2109.57, | 28 |
2109.58, 2109.59, 2109.60, 2109.61, 2109.62, | 29 |
2111.02, 2111.021, 2111.031, 2111.04, 2111.041, | 30 |
2111.06, 2111.07, 2111.09, 2111.091, 2111.12, | 31 |
2111.131, 2111.14, 2111.141, 2111.16, 2111.17, | 32 |
2111.181, 2111.19, 2111.20, 2111.21, 2111.22, | 33 |
2111.25, 2111.26, 2111.27, 2111.28, 2111.29, | 34 |
2111.30, 2111.31, 2111.33, 2111.34, 2111.35, | 35 |
2111.36, 2111.37, 2111.38, 2111.39, 2111.40, | 36 |
2111.41, 2111.44, 2111.46, 2111.48, 2111.50, | 37 |
2113.01, 2113.03, 2113.04, 2113.05, 2113.06, | 38 |
2113.07, 2113.12, 2113.13, 2113.14, 2113.15, | 39 |
2113.16, 2113.18, 2113.19, 2113.20, 2113.21, | 40 |
2113.22, 2113.25, 2113.30, 2113.31, 2113.311, | 41 |
2113.33, 2113.34, 2113.35, 2113.36, 2113.39, | 42 |
2113.40, 2113.41, 2113.45, 2113.46, 2113.48, | 43 |
2113.49, 2113.50, 2113.51, 2113.52, 2113.54, | 44 |
2113.58, 2113.61, 2113.62, 2113.67, 2113.68, | 45 |
2113.69, 2113.70, 2113.72, 2113.73, 2113.74, | 46 |
2113.75, 2113.81, 2113.82, 2113.85, 2113.86, | 47 |
2113.87, 2113.88, 2115.02, 2115.03, 2115.06, | 48 |
2115.09, 2115.10, 2115.11, 2115.12, 2115.16, | 49 |
2115.17, 2117.01, 2117.02, 2117.03, 2117.04, | 50 |
2117.08, 2117.09, 2117.10, 2117.13, 2117.15, | 51 |
2117.17, 2117.18, 2117.30, 2117.31, 2117.34, | 52 |
2117.35, 2117.36, 2117.37, 2117.41, 2117.42, | 53 |
2119.01, 2119.02, 2119.03, 2119.04, 2119.05, | 54 |
2121.01, 2121.02, 2121.05, 2121.06, 2121.08, | 55 |
2121.09, 2123.02, 2123.03, 2123.05, 2123.06, | 56 |
2127.011, 2127.02, 2127.04, 2127.05, 2127.06, | 57 |
2127.07, 2127.08, 2127.09, 2127.10, 2127.11, | 58 |
2127.12, 2127.13, 2127.14, 2127.15, 2127.16, | 59 |
2127.17, 2127.18, 2127.19, 2127.21, 2127.22, | 60 |
2127.23, 2127.24, 2127.27, 2127.28, 2127.29, | 61 |
2127.30, 2127.32, 2127.33, 2127.34, 2127.35, | 62 |
2127.36, 2127.37, 2127.38, 2127.39, 2127.40, | 63 |
2127.41, 2127.42, 2127.43, 2129.02, 2129.05, | 64 |
2129.08, 2129.11, 2129.13, 2129.14, 2129.15, | 65 |
2129.17, 2129.18, 2129.19, 2129.23, 2129.25, | 66 |
2129.26, 2129.28, 2129.29, 2129.30, 2131.08, | 67 |
2131.11, 2133.04, 2133.05, 2133.06, 2133.08, | 68 |
2133.09, 2335.34, 3101.02, 3101.03, 3101.10, | 69 |
3101.13, 3101.14, 3313.85, and 5111.113; to enact | 70 |
new sections 2113.17 and 2113.26; and to repeal | 71 |
sections 2101.36, 2113.02, 2113.17, 2113.24, | 72 |
2113.26, 2113.27, 2113.28, 2113.29, 2113.57, and | 73 |
2113.63 of the Revised Code to make changes | 74 |
relative to the Probate Code. | 75 |
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, 2105.09, 2105.10, | 80 |
2105.11, 2105.13, 2105.14, 2105.15, 2105.16, 2105.19, 2106.01, | 81 |
2106.08, 2106.11, 2107.01, 2107.02, 2107.03, 2107.04, 2107.05, | 82 |
2107.07, 2107.08, 2107.081, 2107.082, 2107.083, 2107.084, | 83 |
2107.085, 2107.09, 2107.10, 2107.11, 2107.15, 2107.17, 2107.18, | 84 |
2107.20, 2107.21, 2107.22, 2107.29, 2107.32, 2107.34, 2107.35, | 85 |
2107.36, 2107.38, 2107.46, 2107.47, 2107.49, 2107.50, 2107.501, | 86 |
2107.51, 2107.52, 2107.53, 2107.54, 2107.55, 2107.56, 2107.58, | 87 |
2107.59, 2107.60, 2107.61, 2107.65, 2107.71, 2107.73, 2107.75, | 88 |
2108.51, 2109.02, 2109.021, 2109.03, 2109.04, 2109.05, 2109.06, | 89 |
2109.07, 2109.09, 2109.10, 2109.11, 2109.12, 2109.14, 2109.17, | 90 |
2109.19, 2109.20, 2109.21, 2109.22, 2109.24, 2109.25, 2109.26, | 91 |
2109.302, 2109.303, 2109.32, 2109.33, 2109.34, 2109.35, 2109.36, | 92 |
2109.361, 2109.37, 2109.371, 2109.372, 2109.38, 2109.39, 2109.40, | 93 |
2109.42, 2109.43, 2109.44, 2109.45, 2109.46, 2109.47, 2109.48, | 94 |
2109.49, 2109.50, 2109.51, 2109.52, 2109.53, 2109.54, 2109.55, | 95 |
2109.56, 2109.57, 2109.58, 2109.59, 2109.60, 2109.61, 2109.62, | 96 |
2111.02, 2111.021, 2111.031, 2111.04, 2111.041, 2111.06, 2111.07, | 97 |
2111.09, 2111.091, 2111.12, 2111.131, 2111.14, 2111.141, 2111.16, | 98 |
2111.17, 2111.181, 2111.19, 2111.20, 2111.21, 2111.22, 2111.25, | 99 |
2111.26, 2111.27, 2111.28, 2111.29, 2111.30, 2111.31, 2111.33, | 100 |
2111.34, 2111.35, 2111.36, 2111.37, 2111.38, 2111.39, 2111.40, | 101 |
2111.41, 2111.44, 2111.46, 2111.48, 2111.50, 2113.01, 2113.03, | 102 |
2113.04, 2113.05, 2113.06, 2113.07, 2113.12, 2113.13, 2113.14, | 103 |
2113.15, 2113.16, 2113.18, 2113.19, 2113.20, 2113.21, 2113.22, | 104 |
2113.25, 2113.30, 2113.31, 2113.311, 2113.33, 2113.34, 2113.35, | 105 |
2113.36, 2113.39, 2113.40, 2113.41, 2113.45, 2113.46, 2113.48, | 106 |
2113.49, 2113.50, 2113.51, 2113.52, 2113.54, 2113.58, 2113.61, | 107 |
2113.62, 2113.67, 2113.68, 2113.69, 2113.70, 2113.72, 2113.73, | 108 |
2113.74, 2113.75, 2113.81, 2113.82, 2113.85, 2113.86, 2113.87, | 109 |
2113.88, 2115.02, 2115.03, 2115.06, 2115.09, 2115.10, 2115.11, | 110 |
2115.12, 2115.16, 2115.17, 2117.01, 2117.02, 2117.03, 2117.04, | 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 |
2335.34, 3101.02, 3101.03, 3101.10, 3101.13, 3101.14, 3313.85, and | 125 |
5111.113 be amended and new sections 2113.17 and 2113.26 of the | 126 |
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 | 133 |
for the safekeeping and preservation of the books, records, and | 134 |
papers of the court and shall furnish any | 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.
| 180 |
judge shall hold office for six years, commencing on the ninth day | 181 |
of February next following | 182 |
Sec. 2101.021. There shall be one additional probate judge | 183 |
for the probate court of Cuyahoga County. | 184 |
| 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 | 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 | 197 |
official duties, the probate judge shall give a bond to the state | 198 |
in a sum not less than five thousand dollars. | 199 |
have sufficient surety, shall be approved by the board of county | 200 |
commissioners | 201 |
absence from the county of two of the members of the board, and | 202 |
shall be conditioned that | 203 |
all moneys received by
| 204 |
capacity, enter and record the orders, judgments, and proceedings | 205 |
of the court, and faithfully and impartially perform all the | 206 |
duties of | 207 |
office required by sections 3.22 and 3.23 of the Revised Code | 208 |
indorsed | 209 |
treasurer and kept in | 210 |
business in | 211 |
the board may require the probate judge to give additional bond. | 212 |
Sec. 2101.04. The | 213 |
court shall make rules regulating the practice and conducting the | 214 |
business of the court, | 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 | 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 | 222 |
commissioner in any matter pending before | 223 |
commissioner shall be an attorney at law | 224 |
faithfully to discharge | 225 |
requested by the probate judge, | 226 |
execute a bond to the state in | 227 |
directs, with surety approved by the court, and conditioned that | 228 |
229 | |
commissioner's duties and pay over all money received by | 230 |
commissioner in that capacity. | 231 |
benefit of anyone aggrieved and shall be filed in the probate | 232 |
court. | 233 |
| 234 |
235 | |
conclusions on the law and the facts involved | 236 |
report may be excepted to by the parties | 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 | 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, | 244 |
severally to subscribe | 245 |
All process and orders issued by | 246 |
be directed to the sheriff | 247 |
248 | |
the probate judge. | 249 |
The court shall allow | 250 |
251 | |
and the court shall tax those fees | 252 |
Sec. 2101.08. The probate judge may appoint | 253 |
254 | |
manner provided for the court of common pleas in sections 2301.18 | 255 |
to 2301.26 | 256 |
Sec. 2101.09. When required by the probate judge, sheriffs, | 257 |
coroners, and constables shall attend | 258 |
shall serve and return process directed and delivered to them by | 259 |
260 | |
refuse to serve and return | 261 |
section. If | 262 |
return | 263 |
issue a summons specifying the cause for amercement, directed to | 264 |
the officer | 265 |
named officer to summon the officer guilty of | 266 |
to appear within two days after the service of summons and show | 267 |
cause why | 268 |
to a fine | 269 |
that is to be paid into the county treasury, | 270 |
271 | |
official bond for damages sustained by any person by reason of | 272 |
273 |
Sec. 2101.10. No sheriff, coroner, or constable shall refuse | 274 |
to pay moneys | 275 |
or other person, when so directed by the judge. For refusal to pay | 276 |
over moneys collected, | 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
| 280 |
amount to be collected. The judge may enforce the collection of | 281 |
282 | |
as for contempt of court, or both. The delinquent officer and | 283 |
the officer's sureties shall also be liable on | 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,
| 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 is personally liable for the default, malfeasance, | 430 |
or nonfeasance of any such appointee, but, if a bond is required | 431 |
of the appointee, the liability of the judge is limited to the | 432 |
amount by which the loss resulting from the default, malfeasance, | 433 |
or nonfeasance exceeds the amount of the bond. | 434 |
All bonds required to be given in the probate court, on being | 435 |
accepted and approved by the probate judge, shall be filed in the | 436 |
judge's office. | 437 |
Sec. 2101.13. When a probate judge, whether elected or | 438 |
appointed, enters upon the discharge of | 439 |
duties, | 440 |
record-keeping materials of | 441 |
records, entries, and indexes omitted by | 442 |
predecessors in office. When made, the entries shall have the same | 443 |
validity and effect as though they had been made at the proper | 444 |
time and by the officer whose duty it was to make them, and the | 445 |
judge shall sign all entries and records made by | 446 |
though the entries, proceedings, and records had been commenced, | 447 |
prosecuted, determined, and made by or before
| 448 |
Sec. 2101.15. In each case, examination, or proceeding, the | 449 |
probate judge shall file an itemized account of fees received or | 450 |
charged by
| 451 |
year,
| 452 |
certified by | 453 |
during the preceding year. No judge shall fail to perform the | 454 |
duties imposed in this section. At the instance of any person, | 455 |
456 | |
attorney shall institute and prosecute an action against | 457 |
the defaulting judge. | 458 |
Sec. 2101.16. (A) Except as provided in section 2101.164 of | 459 |
the Revised Code, the fees enumerated in this division shall be | 460 |
charged and collected, if possible, by the probate judge and shall | 461 |
be in full for all services rendered in the respective | 462 |
proceedings: | 463 |
(1) | Account, in addition to advertising charges | 464 | |||||
$ | 12.00 | 465 | |||||
Waivers and proof of notice of hearing on account, per page, minimum one dollar | 466 | ||||||
$ | 1.00 | 467 | |||||
(2) | Account of distribution, in addition to advertising charges | 468 | |||||
$ | 7.00 | 469 | |||||
(3) | Adoption of child, petition for | 470 | |||||
$ | 50.00 | 471 | |||||
(4) | Alter or cancel contract for sale or purchase of real |
472 | |||||
$ | 20.00 | 473 | |||||
(5) | Application and order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section | 474 | |||||
$ | 5.00 | 475 | |||||
(6) | Appropriation suit, per day, hearing in | 476 | |||||
$ | 20.00 | 477 | |||||
(7) | Birth, application for registration of | 478 | |||||
$ | 7.00 | 479 | |||||
(8) | Birth record, application to correct | 480 | |||||
$ | 5.00 | 481 | |||||
(9) | Bond, application for new or additional | 482 | |||||
$ | 5.00 | 483 | |||||
(10) | Bond, application for release of surety or reduction of | 484 | |||||
$ | 5.00 | 485 | |||||
(11) | Bond, receipt for securities deposited in lieu of | 486 | |||||
$ | 5.00 | 487 | |||||
(12) | Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar | 488 | |||||
$ | 1.00 | 489 | |||||
(13) | Citation and issuing citation, application for | 490 | |||||
$ | 5.00 | 491 | |||||
(14) | Change of name, petition for | 492 | |||||
$ | 20.00 | 493 | |||||
(15) | Claim, application of administrator or executor for allowance of administrator's or executor's own | 494 | |||||
$ | 10.00 | 495 | |||||
(16) | Claim, application to compromise or settle | 496 | |||||
$ | 10.00 | 497 | |||||
(17) | Claim, authority to present | 498 | |||||
$ | 10.00 | 499 | |||||
(18) | Commissioner, appointment of | 500 | |||||
$ | 5.00 | 501 | |||||
(19) | Compensation for extraordinary services and attorney's fees for fiduciary, application for | 502 | |||||
$ | 5.00 | 503 | |||||
(20) | Competency, application to procure adjudication of | 504 | |||||
$ | 20.00 | 505 | |||||
(21) | Complete contract, application to | 506 | |||||
$ | 10.00 | 507 | |||||
(22) | Concealment of assets, citation for | 508 | |||||
$ | 10.00 | 509 | |||||
(23) | Construction of will, |
510 | |||||
$ | 20.00 | 511 | |||||
(24) | Continue decedent's business, application to | 512 | |||||
$ | 10.00 | 513 | |||||
Monthly reports of operation | 514 | ||||||
$ | 5.00 | 515 | |||||
(25) | Declaratory judgment, |
516 | |||||
$ | 20.00 | 517 | |||||
(26) | Deposit of will | 518 | |||||
$ | 5.00 | 519 | |||||
(27) | Designation of heir | 520 | |||||
$ | 20.00 | 521 | |||||
(28) | Distribution in kind, application, assent, and order for | 522 | |||||
$ | 5.00 | 523 | |||||
(29) | Distribution under section 2109.36 of the Revised Code, application for an order of | 524 | |||||
$ | 7.00 | 525 | |||||
(30) | Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars | 526 | |||||
$ | 15.00 | 527 | |||||
(31) | Exceptions to any proceeding named in this section, contest of appointment or | 528 | |||||
$ | 10.00 | 529 | |||||
(32) | Election of surviving partner to purchase assets of partnership, proceedings relating to | 530 | |||||
$ | 10.00 | 531 | |||||
(33) | Election of surviving spouse under will | 532 | |||||
$ | 5.00 | 533 | |||||
(34) | Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of | 534 | |||||
$ | 35.00 | 535 | |||||
(35) | Foreign will, application to record | 536 | |||||
$ | 10.00 | 537 | |||||
Record of foreign will, additional, per page | 538 | ||||||
$ | 1.00 | 539 | |||||
(36) | Forms when supplied by the probate court, not to exceed | 540 | |||||
$ | 10.00 | 541 | |||||
(37) | Heirship, |
542 | |||||
$ | 20.00 | 543 | |||||
(38) | Injunction proceedings | 544 | |||||
$ | 20.00 | 545 | |||||
(39) | Improve real |
546 | |||||
$ | 20.00 | 547 | |||||
(40) | Inventory with appraisement | 548 | |||||
$ | 10.00 | 549 | |||||
(41) | Inventory without appraisement | 550 | |||||
$ | 7.00 | 551 | |||||
(42) | Investment or expenditure of funds, application for | 552 | |||||
$ | 10.00 | 553 | |||||
(43) | Invest in real |
554 | |||||
$ | 10.00 | 555 | |||||
(44) | Lease for oil, gas, coal, or other mineral, petition to | 556 | |||||
$ | 20.00 | 557 | |||||
(45) | Lease or lease and improve real |
558 | |||||
$ | 20.00 | 559 | |||||
(46) | Marriage license | 560 | |||||
$ | 10.00 | 561 | |||||
Certified abstract of each marriage | 562 | ||||||
$ | 2.00 | 563 | |||||
(47) | Minor or incompetent person, etc., disposal of estate under twenty-five thousand dollars of | 564 | |||||
$ | 10.00 | 565 | |||||
(48) | Mortgage or mortgage and repair or improve real |
566 | |||||
$ | 20.00 | 567 | |||||
(49) | Newly discovered assets, report of | 568 | |||||
$ | 7.00 | 569 | |||||
(50) | Nonresident executor or administrator to bar creditors' claims, proceedings by | 570 | |||||
$ | 20.00 | 571 | |||||
(51) | Power of attorney or revocation of power, bonding company | 572 | |||||
$ | 10.00 | 573 | |||||
(52) | Presumption of death, petition to establish | 574 | |||||
$ | 20.00 | 575 | |||||
(53) | Probating will | 576 | |||||
$ | 15.00 | 577 | |||||
Proof of notice to beneficiaries | 578 | ||||||
$ | 5.00 | 579 | |||||
(54) | Purchase personal property, application of surviving spouse to | 580 | |||||
$ | 10.00 | 581 | |||||
(55) | Purchase real |
582 | |||||
$ | 20.00 | 583 | |||||
(56) | Receipts in addition to advertising charges, application and order to record | 584 | |||||
$ | 5.00 | 585 | |||||
Record of those receipts, additional, per page | 586 | ||||||
$ | 1.00 | 587 | |||||
(57) | Record in excess of fifteen hundred words in any proceeding in the probate court, per page | 588 | |||||
$ | 1.00 | 589 | |||||
(58) | Release of estate by mortgagee or other lienholder | 590 | |||||
$ | 5.00 | 591 | |||||
(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 | 592 | |||||
$ | 60.00 | 593 | |||||
(60) | Removal of fiduciary, application for | 594 | |||||
$ | 10.00 | 595 | |||||
(61) | Requalification of executor or administrator | 596 | |||||
$ | 10.00 | 597 | |||||
(62) | Resignation of fiduciary | 598 | |||||
$ | 5.00 | 599 | |||||
(63) | Sale bill, public sale of personal property | 600 | |||||
$ | 10.00 | 601 | |||||
(64) | Sale of personal property and report, application for | 602 | |||||
$ | 10.00 | 603 | |||||
(65) | Sale of real |
604 | |||||
$ | 25.00 | 605 | |||||
(66) | Terminate guardianship, petition to | 606 | |||||
$ | 10.00 | 607 | |||||
(67) | Transfer of real |
608 | |||||
$ | 7.00 | 609 | |||||
(68) | Unclaimed money, application to invest | 610 | |||||
$ | 7.00 | 611 | |||||
(69) | Vacate approval of account or order of distribution, motion to | 612 | |||||
$ | 10.00 | 613 | |||||
(70) | Writ of execution | 614 | |||||
$ | 5.00 | 615 | |||||
(71) | Writ of possession | 616 | |||||
$ | 5.00 | 617 | |||||
(72) | Wrongful death, application and settlement of claim for | 618 | |||||
$ | 20.00 | 619 | |||||
(73) | Year's allowance, petition to review | 620 | |||||
$ | 7.00 | 621 | |||||
(74) | Guardian's report, filing and review of | 622 | |||||
$ | 5.00 | 623 |
(B)(1) In relation to an application for the appointment of a | 624 |
guardian or the review of a report of a guardian under section | 625 |
2111.49 of the Revised Code, the probate court, pursuant to court | 626 |
order or in accordance with a court rule, may direct that the | 627 |
applicant or the estate pay any or all of the expenses of an | 628 |
investigation conducted pursuant to section 2111.041 or division | 629 |
(A)(2) of section 2111.49 of the Revised Code. If the | 630 |
investigation is conducted by a public employee or investigator | 631 |
who is paid by the county, the fees for the investigation shall be | 632 |
paid into the county treasury. If the court finds that an alleged | 633 |
incompetent or a ward is indigent, the court may waive the costs, | 634 |
fees, and expenses of an investigation. | 635 |
(2) In relation to the appointment or functioning of a | 636 |
guardian for a minor or the guardianship of a minor, the probate | 637 |
court may direct that the applicant or the estate pay any or all | 638 |
of the expenses of an investigation conducted pursuant to section | 639 |
2111.042 of the Revised Code. If the investigation is conducted by | 640 |
a public employee or investigator who is paid by the county, the | 641 |
fees for the investigation shall be paid into the county treasury. | 642 |
If the court finds that the guardian or applicant is indigent, the | 643 |
court may waive the costs, fees, and expenses of an investigation. | 644 |
(C) Thirty dollars of the thirty-five-dollar fee collected | 645 |
pursuant to division (A)(34) of this section and twenty dollars of | 646 |
the sixty-dollar fee collected pursuant to division (A)(59) of | 647 |
this section shall be deposited by the county treasurer in the | 648 |
indigent guardianship fund created pursuant to section 2111.51 of | 649 |
the Revised Code. | 650 |
(D) The fees of witnesses, jurors, sheriffs, coroners, and | 651 |
constables for services rendered in the probate court or by order | 652 |
of the probate judge shall be the same as provided for | 653 |
similar services in the court of common pleas. | 654 |
(E) The probate court, by rule, may require an advance | 655 |
deposit for costs, not to exceed one hundred twenty-five dollars, | 656 |
at the time application is made for an appointment as executor or | 657 |
administrator or at the time a will is presented for probate. | 658 |
(F) The probate court, by rule, shall establish a reasonable | 659 |
fee, not to exceed fifty dollars, for the filing of a petition for | 660 |
the release of information regarding an adopted person's name by | 661 |
birth and the identity of the adopted person's biological parents | 662 |
and biological siblings pursuant to section 3107.41 of the Revised | 663 |
Code, all proceedings relative to the petition, the entry of an | 664 |
order relative to the petition, and all services required to be | 665 |
performed in connection with the petition. The probate court may | 666 |
use a reasonable portion of a fee charged under authority of this | 667 |
division to reimburse any agency, as defined in section 3107.39 of | 668 |
the Revised Code, for any services it renders in performing a task | 669 |
described in section 3107.41 of the Revised Code relative to or in | 670 |
connection with the petition for which the fee was charged. | 671 |
(G)(1) Thirty dollars of the fifty-dollar fee collected | 672 |
pursuant to division (A)(3) of this section shall be deposited | 673 |
into the "putative father registry fund," which is hereby created | 674 |
in the state treasury. The department of job and family services | 675 |
shall use the money in the fund to fund the department's costs of | 676 |
performing its duties related to the putative father registry | 677 |
established under section 3107.062 of the Revised Code. | 678 |
(2) If the department determines that money in the putative | 679 |
father registry fund is more than is needed for its duties related | 680 |
to the putative father registry, the department may use the | 681 |
surplus moneys in the fund as permitted in division (C) of section | 682 |
2151.3529, division (B) of section 2151.3530, or section 5103.155 | 683 |
of the Revised Code. | 684 |
Sec. 2101.162. (A)(1) The probate judge may determine that, | 685 |
for the efficient operation of the probate court, additional funds | 686 |
are required to computerize the court, make available computerized | 687 |
legal research services, or to do both. Upon making a | 688 |
determination that additional funds are required for either or | 689 |
both of those purposes, the probate judge shall charge a fee not | 690 |
to exceed three dollars or authorize and direct a deputy clerk of | 691 |
692 | |
in addition to the fees specified in divisions (A)(1), (3), (4), | 693 |
(6), (14) to (17), (20) to (25), (27), (30) to (32), (34), (35), | 694 |
(37) to (48), (50) to (55), (59) to (61), (63) to (66), (69), and | 695 |
(72) of section 2101.16 of the Revised Code, the fee adopted | 696 |
pursuant to division (F) of that section, and the fee charged in | 697 |
connection with the docketing and indexing of an appeal. | 698 |
(2) All moneys collected under division (A)(1) of this | 699 |
section shall be paid to the county treasurer. The treasurer shall | 700 |
place the moneys from the fees in a separate fund to be disbursed, | 701 |
upon an order of the probate judge, in an amount no greater than | 702 |
the actual cost to the court of procuring and maintaining | 703 |
computerization of the court, computerized legal research | 704 |
services, or both. | 705 |
(3) If the court determines that the funds in the fund | 706 |
described in division (A)(2) of this section are more than | 707 |
sufficient to satisfy the purpose for which the additional fee | 708 |
described in division (A)(1) of this section was imposed, the | 709 |
court may declare a surplus in the fund and expend those surplus | 710 |
funds for other appropriate technological expenses of the court. | 711 |
(B)(1) The probate judge may determine that, for the | 712 |
efficient operation of | 713 |
required to computerize the office of the clerk of the court and, | 714 |
upon that determination, may charge a fee, not to exceed ten | 715 |
dollars, or authorize and direct a deputy clerk of the probate | 716 |
court to charge a fee, not to exceed ten dollars, in addition to | 717 |
the fees specified in divisions (A)(1), (3), (4), (6), (14) to | 718 |
(17), (20) to (25), (27), (30) to (32), (34), (35), (37) to (48), | 719 |
(50) to (55), (59) to (61), (63) to (66), (69), and (72) of | 720 |
section 2101.16 of the Revised Code, the fee adopted pursuant to | 721 |
division (F) of that section, and the fee charged in connection | 722 |
with the docketing and indexing of an appeal. Subject to division | 723 |
(B)(2) of this section, all moneys collected under this division | 724 |
shall be paid to the county treasurer to be disbursed, upon an | 725 |
order of the probate judge and subject to appropriation by the | 726 |
board of county commissioners, in an amount no greater than the | 727 |
actual cost to the probate court of procuring and maintaining | 728 |
computer systems for the office of the clerk of the court. | 729 |
(2) If the probate judge makes the determination described in | 730 |
division (B)(1) of this section, the board of county commissioners | 731 |
may issue one or more general obligation bonds for the purpose of | 732 |
procuring and maintaining the computer systems for the office of | 733 |
the clerk of the probate court. In addition to the purposes stated | 734 |
in division (B)(1) of this section for which the moneys collected | 735 |
under that division may be expended, the moneys additionally may | 736 |
be expended to pay debt charges on and financing costs related to | 737 |
any general obligation bonds issued pursuant to this division as | 738 |
they become due. General obligation bonds issued pursuant to this | 739 |
division are Chapter 133. securities. | 740 |
Sec. 2101.19. (A) No probate judge or | 741 |
deputy clerk shall sell or offer for sale for more than one dollar | 742 |
any merchandise to be used in connection with any license, order, | 743 |
or document issued by the probate court, or make any charge in | 744 |
connection with the issuance of any license, order, or document | 745 |
except that specifically provided by law. | 746 |
(B) All moneys obtained from the sale of merchandise to be | 747 |
used in connection with any license, order, or document issued by | 748 |
a probate court shall be paid by the probate judge or the deputy | 749 |
clerk of the court into the county treasury. The moneys shall be | 750 |
credited to a fund to be known as the probate court conduct of | 751 |
business fund. The moneys so credited shall be used solely for the | 752 |
conduct of the business of the probate court. | 753 |
(C) Upon receipt of an order of the probate judge for the | 754 |
payment of moneys from the fund for the conduct of the business of | 755 |
the court, the county auditor shall draw a warrant on the county | 756 |
treasurer for the amount of money specified in the order, but not | 757 |
exceeding the balance of the moneys in the fund, which warrant | 758 |
shall be made payable to the probate judge or another person | 759 |
designated in the order. | 760 |
Sec. 2101.20. When the aggregate amount of fees and | 761 |
allowances collected by the probate judge in any calendar year | 762 |
exceeds by more than ten per cent the amount necessary to pay the | 763 |
salaries of | 764 |
including court constables, for the same calendar year, | 765 |
judge may, by an order entered on | 766 |
for a discount of all the fees and allowances | 767 |
required to charge and collect for the use of the county by fixing | 768 |
a per cent of discount | 769 |
earnings of | 770 |
constitute the legal fees of | 771 |
Sec. 2101.22. The probate judge shall issue any process, | 772 |
notices, commissions, rules, and orders that are necessary to | 773 |
carry into effect the powers granted to | 774 |
Sec. 2101.23. The probate judge may keep order in | 775 |
judge's court and has authority throughout the state to compel | 776 |
performance of any duty incumbent upon any fiduciary appointed by | 777 |
or accounting to | 778 |
contempt of | 779 |
be punished in the court of common pleas. | 780 |
If a person neglects or refuses to perform an order or | 781 |
judgment of a probate court, other than for the payment of money, | 782 |
783 | |
judge shall issue a summons directing | 784 |
before the court | 785 |
summons and show cause why
| 786 |
for contempt. If it appears to the judge that | 787 |
788 | |
is about to leave the county for that purpose, the judge may issue | 789 |
an attachment instead of the summons, commanding the officer | 790 |
whom it is directed, to bring | 791 |
judge to answer for contempt. If no sufficient excuse is shown, | 792 |
793 |
Sec. 2101.24. (A)(1) Except as otherwise provided by law, | 794 |
the probate court has exclusive jurisdiction: | 795 |
(a) To take the proof of wills and to admit to record | 796 |
authenticated copies of wills executed, proved, and allowed in the | 797 |
courts of any other state, territory, or country. If the probate | 798 |
judge is unavoidably absent, any judge of the court of common | 799 |
pleas may take proof of wills and approve bonds to be given, but | 800 |
the record of these acts shall be preserved in the usual records | 801 |
of the probate court. | 802 |
(b) To grant and revoke letters testamentary and of | 803 |
administration; | 804 |
(c) To direct and control the conduct and settle the accounts | 805 |
of executors and administrators and order the distribution of | 806 |
estates; | 807 |
(d) To appoint the attorney general to serve as the | 808 |
administrator of an estate pursuant to section 2113.06 of the | 809 |
Revised Code; | 810 |
(e) To appoint and remove guardians, conservators, and | 811 |
testamentary trustees, direct and control their conduct, and | 812 |
settle their accounts; | 813 |
(f) To grant marriage licenses; | 814 |
(g) To make inquests respecting persons who are so mentally | 815 |
impaired as a result of a mental or physical illness or | 816 |
disability, or mental retardation, or as a result of chronic | 817 |
substance abuse, that they are unable to manage their property and | 818 |
affairs effectively, subject to guardianship; | 819 |
(h) To qualify assignees, appoint and qualify trustees and | 820 |
commissioners of insolvents, control their conduct, and settle | 821 |
their accounts; | 822 |
(i) To authorize the sale of lands, equitable estates, or | 823 |
interests in lands or equitable estates, and the assignments of | 824 |
inchoate dower in such cases of sale, on petition by executors, | 825 |
administrators, and guardians; | 826 |
(j) To authorize the completion of real | 827 |
contracts on petition of executors and administrators; | 828 |
(k) To construe wills; | 829 |
(l) To render declaratory judgments, including, but not | 830 |
limited to, those rendered pursuant to section 2107.084 of the | 831 |
Revised Code; | 832 |
(m) To direct and control the conduct of fiduciaries and | 833 |
settle their accounts; | 834 |
(n) To authorize the sale or lease of any estate created by | 835 |
will if the estate is held in trust, on petition by the trustee; | 836 |
(o) To terminate a testamentary trust in any case in which a | 837 |
court of equity may do so; | 838 |
(p) To hear and determine actions to contest the validity of | 839 |
wills; | 840 |
(q) To make a determination of the presumption of death of | 841 |
missing persons and to adjudicate the property rights and | 842 |
obligations of all parties affected by the presumption; | 843 |
(r) To hear and determine an action commenced pursuant to | 844 |
section 3107.41 of the Revised Code to obtain the release of | 845 |
information pertaining to the birth name of the adopted person and | 846 |
the identity of the adopted person's biological parents and | 847 |
biological siblings; | 848 |
(s) To act for and issue orders regarding wards pursuant to | 849 |
section 2111.50 of the Revised Code; | 850 |
(t) To hear and determine actions against sureties on the | 851 |
bonds of fiduciaries appointed by the probate court; | 852 |
(u) To hear and determine actions involving informed consent | 853 |
for medication of persons hospitalized pursuant to section | 854 |
5122.141 or 5122.15 of the Revised Code; | 855 |
(v) To hear and determine actions relating to durable powers | 856 |
of attorney for health care as described in division (D) of | 857 |
section 1337.16 of the Revised Code; | 858 |
(w) To hear and determine actions commenced by objecting | 859 |
individuals, in accordance with section 2133.05 of the Revised | 860 |
Code; | 861 |
(x) To hear and determine complaints that pertain to the use | 862 |
or continuation, or the withholding or withdrawal, of | 863 |
life-sustaining treatment in connection with certain patients | 864 |
allegedly in a terminal condition or in a permanently unconscious | 865 |
state pursuant to division (E) of section 2133.08 of the Revised | 866 |
Code, in accordance with that division; | 867 |
(y) To hear and determine applications that pertain to the | 868 |
withholding or withdrawal of nutrition and hydration from certain | 869 |
patients allegedly in a permanently unconscious state pursuant to | 870 |
section 2133.09 of the Revised Code, in accordance with that | 871 |
section; | 872 |
(z) To hear and determine applications of attending | 873 |
physicians in accordance with division (B) of section 2133.15 of | 874 |
the Revised Code; | 875 |
(aa) To hear and determine actions relative to the use or | 876 |
continuation of comfort care in connection with certain principals | 877 |
under durable powers of attorney for health care, declarants under | 878 |
declarations, or patients in accordance with division (E) of | 879 |
either section 1337.16 or 2133.12 of the Revised Code; | 880 |
(bb) To hear and determine applications for an order | 881 |
relieving an estate from administration under section 2113.03 of | 882 |
the Revised Code; | 883 |
(cc) To hear and determine applications for an order granting | 884 |
a summary release from administration under section 2113.031 of | 885 |
the Revised Code; | 886 |
(dd) To hear and determine actions relating to the exercise | 887 |
of the right of disposition, in accordance with section 2108.90 of | 888 |
the Revised Code; | 889 |
(ee) To hear and determine actions relating to the | 890 |
disinterment and reinterment of human remains under section 517.23 | 891 |
of the Revised Code. | 892 |
(2) In addition to the exclusive jurisdiction conferred upon | 893 |
the probate court by division (A)(1) of this section, the probate | 894 |
court shall have exclusive jurisdiction over a particular subject | 895 |
matter if both of the following apply: | 896 |
(a) Another section of the Revised Code expressly confers | 897 |
jurisdiction over that subject matter upon the probate court. | 898 |
(b) No section of the Revised Code expressly confers | 899 |
jurisdiction over that subject matter upon any other court or | 900 |
agency. | 901 |
(B)(1) The probate court has concurrent jurisdiction with, | 902 |
and the same powers at law and in equity as, the general division | 903 |
of the court of common pleas to issue writs and orders, and to | 904 |
hear and determine actions as follows: | 905 |
(a) If jurisdiction relative to a particular subject matter | 906 |
is stated to be concurrent in a section of the Revised Code or has | 907 |
been construed by judicial decision to be concurrent, any action | 908 |
that involves that subject matter; | 909 |
(b) Any action that involves an inter vivos trust; a trust | 910 |
created pursuant to section 5815.28 of the Revised Code; a | 911 |
charitable trust or foundation; subject to divisions (A)(1)(u) and | 912 |
(z) of this section, a power of attorney, including, but not | 913 |
limited to, a durable power of attorney; the medical treatment of | 914 |
a competent adult; or a writ of habeas corpus. | 915 |
(2) Any action that involves a concurrent jurisdiction | 916 |
subject matter and that is before the probate court may be | 917 |
transferred by the probate court, on its order, to the general | 918 |
division of the court of common pleas. | 919 |
(C) The probate court has plenary power at law and in equity | 920 |
to dispose fully of any matter that is properly before the court, | 921 |
unless the power is expressly otherwise limited or denied by a | 922 |
section of the Revised Code. | 923 |
(D) The jurisdiction acquired by a probate court over a | 924 |
matter or proceeding is exclusive of that of any other probate | 925 |
court, except when otherwise provided by law. | 926 |
Sec. 2101.27. (A) A probate judge has jurisdiction and | 927 |
authority to solemnize marriages within the county and may charge | 928 |
a fee for providing the service in accordance with division (B) of | 929 |
this section. The fee charged is subject to disposition in | 930 |
accordance with division (C) of this section. | 931 |
(B)(1) If a probate judge intends to charge a fee for | 932 |
solemnizing any marriage in accordance with division (A) of this | 933 |
section, prior to doing so, the probate judge, by rule, shall | 934 |
establish a reasonable fee for providing the service. | 935 |
(2) Division (B)(1) of this section does not do either of the | 936 |
following: | 937 |
(a) Require a probate judge who, by rule, has established a | 938 |
reasonable fee for solemnizing marriages to charge that fee for | 939 |
every marriage that | 940 |
(b) Affect specific fees to which the probate judge is | 941 |
entitled under section 2101.16 or any other section of the Revised | 942 |
Code for issuing marriage licenses, recording returns of | 943 |
solemnized marriages, providing certified abstracts of marriages, | 944 |
or performing any other task related to a marriage other than its | 945 |
solemnization. | 946 |
(C) If, in accordance with division (B) of this section, a | 947 |
reasonable fee is charged by a probate judge for solemnizing any | 948 |
marriage, the probate judge shall not retain any portion of that | 949 |
fee and instead shall pay the entire fee into the county treasury. | 950 |
The county treasurer shall credit the fee to the general fund of | 951 |
the county. | 952 |
Sec. 2101.30. Whenever a jury is required in the probate | 953 |
court, the probate judge shall | 954 |
of jurors, who shall cause to be drawn from the jury wheel, or to | 955 |
be drawn by use of the automation data processing equipment and | 956 |
procedures described in section 2313.07 of the Revised Code, the | 957 |
names of sixteen persons as | 958 |
may be drawn if required. The clerk of the court of common pleas | 959 |
or one of | 960 |
names in the order drawn and certify | 961 |
court, and | 962 |
persons whose names were drawn to appear on the day and at the | 963 |
hour set for trial. The probate court shall deliver the venire to | 964 |
the sheriff, who shall serve it within five days | 965 |
delivery and make prompt return of | 966 |
Sec. 2101.34. If the judges of the court of common pleas are | 967 |
absent from the county or are under a disability, the probate | 968 |
judge of the county may enter judgments by confession in cases | 969 |
pending in the court of common pleas of
| 970 |
Sec. 2101.37. When the probate judge of any county is | 971 |
absent, or is unable to attend court, or the volume of work in | 972 |
the judge's office necessitates it, | 973 |
judge of the court of common pleas having jurisdiction in | 974 |
that county to act in | 975 |
conjunction with
| 976 |
may call upon the chief justice of the supreme court, who shall | 977 |
designate a judge of the court of common pleas or a probate judge | 978 |
to act in the place of | 979 |
judge | 980 |
probate judge. If the probate judge of any county dies or resigns | 981 |
during | 982 |
common pleas of | 983 |
the probate judge until | 984 |
qualified. When a judge of the court of common pleas or a probate | 985 |
judge so designated resides outside the county in which | 986 |
designated judge is called upon to act, | 987 |
shall receive | 988 |
of the court of common pleas designated by the chief justice to | 989 |
hold court outside their respective counties. The record of | 990 |
the cases shall be made and preserved in the proper records of the | 991 |
probate court by the deputy clerk | 992 |
Sec. 2101.38. Letters testamentary, of administration, or of | 993 |
guardianship shall not be issued to a person after | 994 |
person's election to the office of probate judge and before the | 995 |
expiration of | 996 |
interested | 997 |
estate | 998 |
of the county where | 999 |
of the accounts of guardians in which the judge is interested, | 1000 |
shall be settled by the court of common pleas of the county. In | 1001 |
1002 | |
judge shall certify the original papers | 1003 |
1004 | |
proceedings in a probate court in which the judge | 1005 |
probate court is interested or in which | 1006 |
to be a witness to a will,
| 1007 |
of a party interested in the proceedings | 1008 |
own motion, certify the matters and proceedings to the court of | 1009 |
common pleas and | 1010 |
common pleas all original papers connected | 1011 |
matters and proceedings. | 1012 |
When a matter or proceeding is so certified, a judge of the | 1013 |
court of common pleas | 1014 |
1015 | |
chambers or in open court as though | 1016 |
jurisdiction of the subject matter. Upon final decision of the | 1017 |
questions involved in | 1018 |
settlement of the estate in which the judge is interested as | 1019 |
executor, administrator, or guardian, or when | 1020 |
interest
| 1021 |
original papers to the probate court | 1022 |
the original papers were filed and make and file | 1023 |
court an authenticated transcript of the orders, judgments, and | 1024 |
proceedings of the court of common pleas. | 1025 |
probate judge shall record | 1026 |
proceedings in the proper records. | 1027 |
Sec. 2101.41. No probate judge shall practice law, be | 1028 |
associated with another as partner in the practice of law in a | 1029 |
court or tribunal of this state, prepare a complaint or answer, | 1030 |
make out an account required for the settlement of an estate | 1031 |
committed to the care or management of another, or appear as | 1032 |
attorney before a court or judicial tribunal. Whoever violates | 1033 |
this section shall forfeit | 1034 |
The deputy clerk of a probate court may engage in the | 1035 |
practice of law if | 1036 |
way to probate law or practice. The deputy may engage in the | 1037 |
practice of law only with the continued consent and approval of | 1038 |
all of the judges of the probate court. | 1039 |
A | 1040 |
under Chapters 5122. and 5123. of the Revised Code may engage in | 1041 |
the practice of law, including probate law, except that | 1042 |
magistrate shall not practice law under | 1043 |
than as a | 1044 |
business arising out of or otherwise connected with a proceeding | 1045 |
in which | 1046 |
1047 |
The prosecuting attorney shall file | 1048 |
attorney's information against a judge or deputy clerk who | 1049 |
practices law in violation of this section in the court of common | 1050 |
pleas, and proceed as upon indictment. | 1051 |
This section does not prevent a probate judge or deputy clerk | 1052 |
from finishing business commenced by | 1053 |
prior to | 1054 |
provided it is not connected with | 1055 |
the judge or clerk. | 1056 |
Sec. 2101.43. Whenever ten per cent of the number of | 1057 |
electors voting for governor at the most recent election in any | 1058 |
county having less than sixty thousand population, as determined | 1059 |
by the most recent federal census, petition a judge of the court | 1060 |
of common pleas of | 1061 |
before any general election for county officers, for the | 1062 |
submission to the electors of | 1063 |
combining the probate court with the court of common pleas, | 1064 |
the judge shall place upon the journal of | 1065 |
requiring the sheriff to make proclamation that at the next | 1066 |
general election there will be submitted to the electors the | 1067 |
question of combining the probate court with the court of common | 1068 |
pleas. The clerk of the court of common pleas shall | 1069 |
make and deliver a certified copy of | 1070 |
sheriff, and the sheriff shall include notice of the submission of | 1071 |
1072 | |
the next general election. | 1073 |
Each elector joining in a petition for the submission of | 1074 |
the question of combining the probate court with the court of | 1075 |
common pleas shall sign | 1076 |
handwriting, unless the elector cannot write and the elector's | 1077 |
signature is made by mark, and shall | 1078 |
petition the township, precinct, or ward of which the elector is a | 1079 |
resident. | 1080 |
convenient. One of the signers to each separate paper shall swear | 1081 |
before | 1082 |
that the petition is bona fide to the best of the signer's | 1083 |
knowledge and belief. | 1084 |
to | 1085 |
shall deposit it with the clerk of the court of common pleas. | 1086 |
No signature shall be taken from or added to | 1087 |
petition after it has been filed with the judge. When deposited | 1088 |
1089 | |
inspection, and, if it is in conformity with this section, it | 1090 |
shall be valid | 1091 |
made in writing by an elector of the county within five days after | 1092 |
the filing | 1093 |
other questions arising in the course of the submission of the | 1094 |
question of combining | 1095 |
of common pleas, shall be considered and determined by the judge, | 1096 |
and the judge's decision shall be final. | 1097 |
Sec. 2103.01. | 1098 |
1099 | |
another sense | 1100 |
1101 | |
choses in action, | 1102 |
property. | 1103 |
Sec. 2105.051. When a person dies, property that | 1104 |
person gave during | 1105 |
treated as an advancement against the heir's share of the estate | 1106 |
only if declared in a contemporaneous writing by the decedent | 1107 |
acknowledged in writing by the heir to be an advancement. For this | 1108 |
purpose, property advanced is valued as of the time the heir came | 1109 |
into possession or enjoyment of the property, or as of the time of | 1110 |
death of the decedent, whichever occurs first. If the heir does | 1111 |
not survive the decedent, the property shall not be taken into | 1112 |
account in computing the intestate share to be received by the | 1113 |
heir's issue, unless the declaration or acknowledgment provides | 1114 |
otherwise. | 1115 |
Sec. 2105.06. When a person dies intestate having title or | 1116 |
right to any personal property, or to any real | 1117 |
inheritance, in this state, the personal property shall be | 1118 |
distributed, and the real | 1119 |
descend and pass in parcenary, except as otherwise provided by | 1120 |
law, in the following course: | 1121 |
(A) If there is no surviving spouse, to the children of the | 1122 |
intestate or their lineal descendants, per stirpes; | 1123 |
(B) If there is a spouse and one or more children of the | 1124 |
decedent or their lineal descendants surviving, and all of the | 1125 |
decedent's children who survive or have lineal descendants | 1126 |
surviving also are children of the surviving spouse, then the | 1127 |
whole to the surviving spouse; | 1128 |
(C) If there is a spouse and one child of the decedent or the | 1129 |
child's lineal descendants surviving and the surviving spouse is | 1130 |
not the natural or adoptive parent of the decedent's child, the | 1131 |
first twenty thousand dollars plus one-half of the balance of the | 1132 |
intestate estate to the spouse and the remainder to the child or | 1133 |
the child's lineal descendants, per stirpes; | 1134 |
(D) If there is a spouse and more than one child or their | 1135 |
lineal descendants surviving, the first sixty thousand dollars if | 1136 |
the spouse is the natural or adoptive parent of one, but not all, | 1137 |
of the children, or the first twenty thousand dollars if the | 1138 |
spouse is the natural or adoptive parent of none of the children, | 1139 |
plus one-third of the balance of the intestate estate to the | 1140 |
spouse and the remainder to the children equally, or to the lineal | 1141 |
descendants of any deceased child, per stirpes; | 1142 |
(E) If there are no children or their lineal descendants, | 1143 |
then the whole to the surviving spouse; | 1144 |
(F) If there is no spouse and no children or their lineal | 1145 |
descendants, to the parents of the intestate equally, or to the | 1146 |
surviving parent; | 1147 |
(G) If there is no spouse, no children or their lineal | 1148 |
descendants, and no parent surviving, to the brothers and sisters, | 1149 |
whether of the whole or of the half blood of the intestate, or | 1150 |
their lineal descendants, per stirpes; | 1151 |
(H) If there are no brothers or sisters or their lineal | 1152 |
descendants, one-half to the paternal grandparents of the | 1153 |
intestate equally, or to the survivor of them, and one-half to the | 1154 |
maternal grandparents of the intestate equally, or to the survivor | 1155 |
of them; | 1156 |
(I) If there is no paternal grandparent or no maternal | 1157 |
grandparent, one-half to the lineal descendants of the deceased | 1158 |
grandparents, per stirpes; if there are no such lineal | 1159 |
descendants, then to the surviving grandparents or their lineal | 1160 |
descendants, per stirpes; if there are no surviving grandparents | 1161 |
or their lineal descendants, then to the next of kin of the | 1162 |
intestate, provided there shall be no representation among | 1163 |
the next of kin; | 1164 |
(J) If there are no next of kin, to stepchildren or their | 1165 |
lineal descendants, per stirpes; | 1166 |
(K) If there are no stepchildren or their lineal descendants, | 1167 |
escheat to the state. | 1168 |
Sec. 2105.09. (A) The county auditor, unless | 1169 |
acts pursuant to division (C) of this section, shall take | 1170 |
possession of real property escheated to the state that is located | 1171 |
in | 1172 |
city. The auditor shall take possession in the name of the state | 1173 |
and sell the property at public auction, at the county seat of the | 1174 |
county, to the highest bidder, after having given thirty days' | 1175 |
notice of the intended sale in a newspaper published within the | 1176 |
county. | 1177 |
On the application of the auditor, the court of common pleas | 1178 |
shall appoint three disinterested freeholders of the county to | 1179 |
appraise the real property. The freeholders shall be governed by | 1180 |
the same rule as appraisers in sheriffs' or administrators' sales. | 1181 |
The auditor shall sell the property at not less than two thirds of | 1182 |
its appraised value and may sell it for cash, or for one-third | 1183 |
cash and the balance in equal annual payments, the deferred | 1184 |
payments to be amply secured. Upon payment of the whole | 1185 |
consideration, the auditor shall execute a deed to the purchaser, | 1186 |
in the name and on behalf of the state. The proceeds of the sale | 1187 |
shall be paid by the auditor to the county treasurer. | 1188 |
If there is a regularly organized agricultural society within | 1189 |
the county, the treasurer shall pay the greater of six hundred | 1190 |
dollars or five per cent of the proceeds, in any case, to the | 1191 |
society. The excess of the proceeds, or the whole | 1192 |
if there is no regularly organized agricultural society within the | 1193 |
county, shall be distributed as follows: | 1194 |
(1) Twenty-five per cent shall be paid equally to the | 1195 |
townships of the county; | 1196 |
(2) Seventy per cent shall be paid into the state treasury to | 1197 |
the credit of the agro Ohio fund created under section 901.04 of | 1198 |
the Revised Code; | 1199 |
(3) Five per cent shall be credited to the county general | 1200 |
fund for | 1201 |
commissioners provides. | 1202 |
(B) The legislative authority of a city within which are | 1203 |
lands escheated to the state, unless it acts pursuant to division | 1204 |
(C) of this section, shall take possession of the lands for the | 1205 |
city, and the title to the lands shall vest in the city. The city | 1206 |
shall use the premises primarily for health, welfare, or | 1207 |
recreational purposes, or may lease them at | 1208 |
for
| 1209 |
approval of the tax commissioner, the city may sell the lands or | 1210 |
any undivided interest in the lands, in the same manner as is | 1211 |
provided in the sale of land not needed for any municipal | 1212 |
purposes; provided, that the net proceeds from the rent or sale of | 1213 |
the premises shall be devoted to health, welfare, or recreational | 1214 |
purposes. | 1215 |
(C) As an alternative to the procedure prescribed in | 1216 |
divisions (A) and (B) of this section, the county auditor, or if | 1217 |
the real property is located within the incorporated area of a | 1218 |
city, the legislative authority of that city by an affirmative | 1219 |
vote of at least a majority of its members, may request the | 1220 |
probate court to direct the administrator or executor of the | 1221 |
estate that contains the escheated property to commence an action | 1222 |
in the probate court for authority to sell the real property in | 1223 |
the manner provided in Chapter 2127. of the Revised Code. The | 1224 |
proceeds from the sale of real property that is located outside | 1225 |
the incorporated area of a city shall be distributed by the court | 1226 |
in the same manner as the proceeds are distributed under division | 1227 |
(A) of this section. The proceeds from the sale of real property | 1228 |
that is located within the incorporated area of a city shall be | 1229 |
distributed by the court in the same manner as the proceeds are | 1230 |
distributed under division (B) of this section. | 1231 |
Sec. 2105.10. (A) As used in this section: | 1232 |
(1) "Abandoned" means that a parent of a minor failed without | 1233 |
justifiable cause to communicate with the minor, care for
| 1234 |
minor, and provide for | 1235 |
required by law or judicial decree for a period of at least one | 1236 |
year immediately prior to the date of the death of the minor. | 1237 |
(2) "Minor" means a person who is less than eighteen years of | 1238 |
age. | 1239 |
(B) Subject to divisions (C), (D), and (E) of this section, a | 1240 |
parent who has abandoned | 1241 |
subsequently dies intestate as a minor shall not inherit the real | 1242 |
or personal property of the deceased child pursuant to section | 1243 |
2105.06 of the Revised Code. If a parent is prohibited by this | 1244 |
division from inheriting from | 1245 |
real or personal property of the deceased child shall be | 1246 |
distributed, or shall descend and pass in parcenary, pursuant to | 1247 |
section 2105.06 of the Revised Code as if the parent had | 1248 |
predeceased the deceased child. | 1249 |
(C) Subject to divisions (D) and (E) of this section, a | 1250 |
parent who is alleged to have abandoned a child who died as an | 1251 |
intestate minor shall be considered as a next of kin or an heir at | 1252 |
law of the deceased child only for the following purposes: | 1253 |
(1) To receive any notice required to be given to the heirs | 1254 |
at law of a decedent in connection with an application for release | 1255 |
of an estate from administration under section 2113.03 of the | 1256 |
Revised Code; | 1257 |
(2) To be named as a next of kin in an application for the | 1258 |
appointment of a person as the administrator of the estate of the | 1259 |
deceased child, if the parent is known to the person filing the | 1260 |
application pursuant to section 2113.07 of the Revised Code, and | 1261 |
to receive a citation issued by the probate court pursuant to that | 1262 |
section. | 1263 |
(D)(1) The prohibition against inheritance set forth in | 1264 |
division (B) of this section shall be enforceable only in | 1265 |
accordance with a probate court adjudication rendered pursuant to | 1266 |
this division. | 1267 |
(2) If the administrator of the estate of an intestate minor | 1268 |
has actual knowledge, or reasonable cause to believe, that the | 1269 |
minor was abandoned by a parent, the administrator shall file a | 1270 |
petition pursuant to section 2123.02 of the Revised Code to obtain | 1271 |
an adjudication that the parent abandoned the child and that, | 1272 |
because of the prohibition against inheritance set forth in | 1273 |
division (B) of this section, the parent shall not be considered | 1274 |
to be an heir at law of, and shall not be entitled to inherit the | 1275 |
real and personal property of, the deceased child pursuant to | 1276 |
section 2105.06 of the Revised Code. That parent shall be named as | 1277 |
a defendant in the petition and, whether or not that parent is a | 1278 |
resident of this state, shall be served with a summons and a copy | 1279 |
of the petition in accordance with the Rules of Civil Procedure. | 1280 |
In the heirship determination proceeding, the administrator has | 1281 |
the burden of proving, by a preponderance of the evidence, that | 1282 |
the parent abandoned the child. If, after the hearing, the probate | 1283 |
court finds that the administrator has sustained that burden of | 1284 |
proof, the probate court shall include in its adjudication | 1285 |
described in section 2123.05 of the Revised Code its findings that | 1286 |
the parent abandoned the child and, because of the prohibition | 1287 |
against inheritance set forth in division (B) of this section, the | 1288 |
parent shall not be considered to be an heir at law of, and shall | 1289 |
not be entitled to inherit the real and personal property of, the | 1290 |
deceased child pursuant to section 2105.06 of the Revised Code. If | 1291 |
the probate court so finds, then, upon the entry of its | 1292 |
adjudication on its journal, the administrator may make a final | 1293 |
distribution of the estate of the deceased child in accordance | 1294 |
with division (B) of this section. | 1295 |
(3) An heirship determination proceeding resulting from the | 1296 |
filing of a petition pursuant to this division shall be conducted | 1297 |
in accordance with Chapter 2123. of the Revised Code, except to | 1298 |
the extent that a provision of this section conflicts with a | 1299 |
provision of that chapter, in which case the provision of this | 1300 |
section shall control. | 1301 |
(E) If the administrator of the estate of an intestate minor | 1302 |
has not commenced an heirship determination proceeding as | 1303 |
described in division (D) of this section within four months from | 1304 |
the date that | 1305 |
administrator's letters of administration, then
| 1306 |
proceeding may not be commenced subsequently, no parent of the | 1307 |
deceased child shall be prohibited from inheriting the real or | 1308 |
personal property of the deceased child pursuant to division (B) | 1309 |
of this section, and the probate of the estate of the deceased | 1310 |
child in accordance with section 2105.06 and other relevant | 1311 |
sections of the Revised Code shall be forever binding. | 1312 |
Sec. 2105.11. When a person dies intestate leaving children | 1313 |
and none of the children of | 1314 |
children or their lineal descendants, | 1315 |
descend to the children of | 1316 |
of | 1317 |
Sec. 2105.13. If some of the children of an intestate are | 1318 |
living and others are dead, the estate shall descend to the | 1319 |
children who are living and to the lineal descendants of | 1320 |
children | 1321 |
inherit the share to which | 1322 |
been entitled if all the children of the intestate were living, | 1323 |
and the lineal descendants of the deceased child will inherit | 1324 |
equal parts of that portion of the estate to which
| 1325 |
deceased child would be entitled if | 1326 |
living. | 1327 |
This section shall apply in all cases in which the | 1328 |
descendants of the intestate, not more remote than lineal | 1329 |
descendants of grandparents, entitled to share in the estate, are | 1330 |
of unequal degree of consanguinity to the intestate, so that those | 1331 |
who are of the nearest degree of consanguinity will take the share | 1332 |
to which they would have been entitled, had all the descendants in | 1333 |
the same degree of consanguinity with them who died leaving issue, | 1334 |
been living. | 1335 |
Sec. 2105.14. Descendants of an intestate begotten before | 1336 |
1337 | |
intestate's death, in all cases will inherit as if born in the | 1338 |
lifetime of the intestate and surviving | 1339 |
no other case can a person inherit unless living at the time of | 1340 |
the death of the intestate. | 1341 |
Sec. 2105.15. A person of sound mind and memory may appear | 1342 |
before the probate judge of | 1343 |
presence of | 1344 |
that person's acquaintance, file a written declaration declaring | 1345 |
that, as | 1346 |
did designate and appoint another, stating the name and place of | 1347 |
residence of | 1348 |
1349 | |
1350 | |
attested by the two disinterested persons and subscribed by the | 1351 |
declarant. If satisfied that | 1352 |
and memory and free from restraint, the judge | 1353 |
enter that fact upon
| 1354 |
record of | 1355 |
person designated will stand in the same relation, for all | 1356 |
purposes, to | 1357 |
if a child born in lawful wedlock. The rules of inheritance will | 1358 |
be the same between | 1359 |
blood of the declarant, as if so born. A certified copy of | 1360 |
the record will be prima-facie evidence of the fact stated | 1361 |
in the record, and conclusive evidence, unless impeached for | 1362 |
actual fraud or undue influence. After a lapse of one year from | 1363 |
the date of | 1364 |
the designation vacated or changed by filing in | 1365 |
court an application to vacate or change
| 1366 |
heir; provided | 1367 |
conditions, and prerequisites required in the making of the | 1368 |
original declaration. | 1369 |
Sec. 2105.16. No person who is capable of inheriting shall | 1370 |
be deprived of the inheritance by reason of any of | 1371 |
person's ancestors having been aliens. Aliens may hold, possess, | 1372 |
and enjoy | 1373 |
this state, either by descent, devise, gift, or purchase, as fully | 1374 |
as any citizen of the United States or of this state may do. | 1375 |
Sec. 2105.19. (A) Except as provided in division (C) of this | 1376 |
section, no person who is convicted of, pleads guilty to, or is | 1377 |
found not guilty by reason of insanity of a violation of or | 1378 |
complicity in the violation of section 2903.01, 2903.02, or | 1379 |
2903.03 of the Revised Code or of an existing or former law of any | 1380 |
other state, the United States, or a foreign nation, substantially | 1381 |
equivalent to a violation of or complicity in the violation of any | 1382 |
of these sections, no person who is indicted for a violation of or | 1383 |
complicity in the violation of any of those sections or laws and | 1384 |
subsequently is adjudicated incompetent to stand trial on that | 1385 |
charge, and no juvenile who is found to be a delinquent child by | 1386 |
reason of committing an act that, if committed by an adult, would | 1387 |
be a violation of or complicity in the violation of any of those | 1388 |
sections or laws, shall in any way benefit by the death. All | 1389 |
property of the decedent, and all money, insurance proceeds, or | 1390 |
other property or benefits payable or distributable in respect of | 1391 |
the decedent's death, shall pass or be paid or distributed as if | 1392 |
the person who caused the death of the decedent had predeceased | 1393 |
the decedent. | 1394 |
(B) A person prohibited by division (A) of this section from | 1395 |
benefiting by the death of another is a constructive trustee for | 1396 |
the benefit of those entitled to any property or benefit that the | 1397 |
person has obtained, or over which | 1398 |
control, because of the decedent's death. A person who purchases | 1399 |
any such property or benefit from the constructive trustee, for | 1400 |
value, in good faith, and without notice of the constructive | 1401 |
trustee's disability under division (A) of this section, acquires | 1402 |
good title, but the constructive trustee is accountable to the | 1403 |
beneficiaries for the proceeds or value of the property or | 1404 |
benefit. | 1405 |
(C) A person who is prohibited from benefiting from a death | 1406 |
pursuant to division (A) of this section either because | 1407 |
person was adjudicated incompetent to stand trial or was found not | 1408 |
guilty by reason of insanity, or | 1409 |
appointed pursuant to Chapter 2111. of the Revised Code or other | 1410 |
legal representative, may file a complaint to declare | 1411 |
person's right to benefit from the death in the probate court in | 1412 |
which the decedent's estate is being administered or | 1413 |
released the estate from administration. The complaint shall be | 1414 |
filed no later than sixty days after the person is adjudicated | 1415 |
incompetent to stand trial or found not guilty by reason of | 1416 |
insanity. The court shall notify each person who is a devisee or | 1417 |
legatee under the decedent's will, or if there is no will, each | 1418 |
person who is an heir of the decedent pursuant to section 2105.06 | 1419 |
of the Revised Code that | 1420 |
filed within ten days after the filing of | 1421 |
The person who files the
| 1422 |
required to be notified of the filing of the | 1423 |
under this division, is entitled to a jury trial in the action. To | 1424 |
assert the right, the person desiring a jury trial shall demand a | 1425 |
jury in the manner prescribed in the Civil Rules. | 1426 |
A person who files a complaint pursuant to this division | 1427 |
shall be restored to | 1428 |
death unless the court determines, by a preponderance of the | 1429 |
evidence, that the person would have been convicted of a violation | 1430 |
of, or complicity in the violation of, section 2903.01, 2903.02, | 1431 |
or 2903.03 of the Revised Code, or of a law of another state, the | 1432 |
United States, or a foreign nation that is substantially similar | 1433 |
to any of those sections, if | 1434 |
trial in the case in which | 1435 |
incompetent or if
| 1436 |
commission of the offense. | 1437 |
Sec. 2106.01. (A) After the initial appointment of an | 1438 |
administrator or executor of the estate, the probate court shall | 1439 |
issue a citation to the surviving spouse, if any is living at the | 1440 |
time of the issuance of the citation, to elect whether to exercise | 1441 |
the surviving spouse's rights under Chapter 2106. of the Revised | 1442 |
Code, including, after the probate of a will, the right to elect | 1443 |
to take under the will or under section 2105.06 of the Revised | 1444 |
Code. | 1445 |
A surviving spouse may waive the service of the citation | 1446 |
required under this division by filing in the probate court a | 1447 |
written waiver of the citation. The waiver shall include an | 1448 |
acknowledgment of receipt of the description of the general rights | 1449 |
of the surviving spouse required by division (B) of section | 1450 |
2106.02 of the Revised Code. | 1451 |
(B) If the surviving spouse elects to take under section | 1452 |
2105.06 of the Revised Code and if the value of the property that | 1453 |
the surviving spouse is entitled to receive is equal to or greater | 1454 |
than the value of the decedent's interest in the mansion house as | 1455 |
determined under section 2106.10 of the Revised Code, the | 1456 |
surviving spouse also is entitled to make an election pursuant to | 1457 |
division (A) of section 2106.10 of the Revised Code. | 1458 |
(C) If the surviving spouse elects to take under section | 1459 |
2105.06 of the Revised Code, the surviving spouse shall take not | 1460 |
to exceed one-half of the net estate, unless two or more of the | 1461 |
decedent's children or their lineal descendants survive, in which | 1462 |
case the surviving spouse shall take not to exceed one-third of | 1463 |
the net estate. | 1464 |
For purposes of this division, the net estate shall be | 1465 |
determined before payment of federal estate tax, estate taxes | 1466 |
under Chapter 5731. of the Revised Code, or any other tax that is | 1467 |
subject to apportionment under section 2113.86 or 2113.861 of the | 1468 |
Revised Code. | 1469 |
(D) Unless the will expressly provides that in case of an | 1470 |
election under division (A) of this section there shall be no | 1471 |
acceleration of remainder or other interests bequeathed or devised | 1472 |
by the will, the balance of the net estate shall be disposed of as | 1473 |
though the surviving spouse had predeceased the testator. If there | 1474 |
is a disposition by a will to an inter vivos trust that was | 1475 |
created by the testator, if under the terms of the trust the | 1476 |
surviving spouse is entitled to any interest in the trust or is | 1477 |
granted any power or nomination with respect to the trust, and if | 1478 |
the surviving spouse makes an election to take under section | 1479 |
2105.06 of the Revised Code, then, unless the trust instrument | 1480 |
provides otherwise, the surviving spouse is | 1481 |
purposes of the trust to have predeceased the testator, and there | 1482 |
shall be an acceleration of remainder or other interests in all | 1483 |
property bequeathed or devised to the trust by the will, in all | 1484 |
property held by the trustee at the time of the death of the | 1485 |
decedent, and in all property that comes into the | 1486 |
or under the control of the trustee by reason of the death of the | 1487 |
decedent. | 1488 |
(E) The election of a surviving spouse to take under a will | 1489 |
or under section 2105.06 of the Revised Code may be made at any | 1490 |
time after the death of the decedent, but the surviving spouse | 1491 |
shall not make the election later than five months from the date | 1492 |
of the initial appointment of an administrator or executor of the | 1493 |
estate. On a motion filed before the expiration of the five-month | 1494 |
period, and for good cause shown, the court may allow further time | 1495 |
for the making of the election. If no action is taken by the | 1496 |
surviving spouse before the expiration of the five-month period, | 1497 |
it is conclusively presumed that the surviving spouse elects to | 1498 |
take under the will. The election shall be entered on the journal | 1499 |
of the court. | 1500 |
When proceedings for advice or to contest the validity of a | 1501 |
will are begun within the time allowed by this division for making | 1502 |
the election, the election may be made within three months after | 1503 |
the final disposition of the proceedings, if the will is not set | 1504 |
aside. | 1505 |
(F) When a surviving spouse succeeds to the entire estate of | 1506 |
the testator, having been named the sole devisee and legatee, it | 1507 |
shall be presumed that the spouse elects to take under the will of | 1508 |
the testator, unless the surviving spouse manifests a contrary | 1509 |
intention. | 1510 |
Sec. 2106.08. If, because of a legal disability, a surviving | 1511 |
spouse is unable to make an election as provided by section | 1512 |
2106.01 of the Revised Code, as soon as the facts come to the | 1513 |
knowledge of the probate court, the probate court shall appoint | 1514 |
some suitable person to ascertain the value of the provision made | 1515 |
for the surviving spouse by the testator, the value of the rights | 1516 |
of the surviving spouse in the estate of the testator under | 1517 |
Chapter 2105. of the Revised Code, and the adequate support needs | 1518 |
of the surviving spouse after taking into consideration the other | 1519 |
available resources and the age, probable life expectancy, | 1520 |
physical and mental condition, and present and reasonably | 1521 |
anticipated future needs of the surviving spouse. The appointment | 1522 |
by the court shall be made at any time within the times described | 1523 |
in division (E) of section 2106.01 of the Revised Code for making | 1524 |
an election under that section. | 1525 |
When the person so appointed returns the report of | 1526 |
person's investigation, the court may elect for the surviving | 1527 |
spouse to take under section 2105.06 of the Revised Code only if | 1528 |
it finds, after taking into consideration the other available | 1529 |
resources and the age, probable life expectancy, physical and | 1530 |
mental condition, and present and reasonably anticipated future | 1531 |
needs of the surviving spouse, that the election to take under | 1532 |
section 2105.06 of the Revised Code is necessary to provide | 1533 |
adequate support for the surviving spouse during | 1534 |
spouse's life expectancy. | 1535 |
After making its determination under this section, the court | 1536 |
shall record upon its journal the election made for the surviving | 1537 |
spouse. The election, when so entered, shall have the same effect | 1538 |
as an election made by one not under legal disability. | 1539 |
Sec. 2106.11. Subject to the right of the surviving spouse | 1540 |
to elect to receive the decedent's interest in the mansion house | 1541 |
pursuant to section 2106.10 of the Revised Code, the specific | 1542 |
monetary share payable to a surviving spouse under division (B), | 1543 |
(C), or (D) of section 2105.06 of the Revised Code shall be paid | 1544 |
out of the tangible and intangible personal property in the | 1545 |
intestate estate to the extent that the personal property is | 1546 |
available for distribution. The personal property distributed to | 1547 |
the surviving spouse, other than cash, shall be valued at the | 1548 |
appraised value. | 1549 |
Before tangible and intangible personal property is | 1550 |
transferred to the surviving spouse in payment or part payment of | 1551 |
the specific monetary share, the administrator or executor shall | 1552 |
file an application that includes an inventory of the personal | 1553 |
property intended to be distributed in kind to the surviving | 1554 |
spouse, together with a statement of the appraised value of each | 1555 |
item of personal property included. The court shall examine the | 1556 |
application and make a finding of the amount of personal property | 1557 |
to be distributed to the surviving spouse, and shall order that | 1558 |
the personal property be distributed to the surviving spouse. The | 1559 |
court concurrently shall make a finding of the amount of money | 1560 |
that remains due and payable to the surviving spouse in | 1561 |
satisfaction of the specific monetary share to which the surviving | 1562 |
spouse is entitled under division (B), (C), or (D) of section | 1563 |
2105.06 of the Revised Code. Any amount that remains due and | 1564 |
payable shall be a charge on the title to any real property in the | 1565 |
estate but the charge does not bear interest. This charge may be | 1566 |
conveyed or released in the same manner as any other interest in | 1567 |
real | 1568 |
other appropriate remedy. | 1569 |
Sec. 2107.01. | 1570 |
Revised Code | 1571 |
(A) "Will" includes codicils to wills admitted to probate, | 1572 |
lost, spoliated, or destroyed wills, and instruments admitted to | 1573 |
probate under section 2107.081 of the Revised Code, but "will" | 1574 |
does not include inter vivos trusts or other instruments that have | 1575 |
not been admitted to probate. | 1576 |
(B) "Testator" means any person who makes a will. | 1577 |
Sec. 2107.02. A person | 1578 |
of age or | 1579 |
restraint may make a will. | 1580 |
Sec. 2107.03. Except oral wills, every | 1581 |
1582 | |
typewritten. The will shall be signed at the end by the testator | 1583 |
1584 | |
presence and at the testator's express direction | 1585 |
shall be attested and subscribed in the conscious presence of the | 1586 |
testator, by two or more competent witnesses, who saw the testator | 1587 |
subscribe, or heard the testator acknowledge the testator's | 1588 |
signature. | 1589 |
For purposes of this section, "conscious presence" means | 1590 |
within the range of any of the testator's senses, excluding the | 1591 |
sense of sight or sound that is sensed by telephonic, electronic, | 1592 |
or other distant communication. | 1593 |
Sec. 2107.04. No agreement to make a will or to make a | 1594 |
devise or bequest by will shall be enforceable unless it is in | 1595 |
writing. | 1596 |
by some other person at | 1597 |
signed by a person other than | 1598 |
shall be subscribed by two or more competent witnesses who heard | 1599 |
1600 | |
direction. | 1601 |
Sec. 2107.05. An existing document, book, record, or | 1602 |
memorandum may be incorporated in a will by reference, if referred | 1603 |
to as being in existence at the time the will is executed. | 1604 |
That document, book, record, or memorandum shall be deposited in | 1605 |
the probate court when the will is probated or within thirty days | 1606 |
1607 | |
extension of time for good cause shown. A copy may be substituted | 1608 |
for the original document, book, record, or memorandum if | 1609 |
copy is certified to be correct by a person authorized to take | 1610 |
acknowledgments | 1611 |
Sec. 2107.07. A will may be deposited by the | 1612 |
or by some person for the | 1613 |
judge of the probate court in the county in which the testator | 1614 |
lives. | 1615 |
disposed of as provided by section 2107.08 of the Revised Code. | 1616 |
The judge, on being paid the fee of | 1617 |
receive, keep, and give a certificate of deposit for | 1618 |
will. | 1619 |
Every will | 1620 |
in a sealed | 1621 |
the name of the testator. The judge shall indorse | 1622 |
envelope the date of delivery and the person by whom | 1623 |
was delivered. The | 1624 |
of a person to whom it is to be delivered after the death of the | 1625 |
testator. | 1626 |
delivered to a person entitled to receive it, until the | 1627 |
1628 | |
declaratory judgment of the validity of the will pursuant to | 1629 |
section 2107.081 of the Revised Code, or until otherwise disposed | 1630 |
of as provided in section 2107.08 of the Revised Code. | 1631 |
Sec. 2107.08. During the lifetime of a testator, the | 1632 |
testator's will, deposited according to section 2107.07 of the | 1633 |
Revised Code, shall be delivered only to | 1634 |
person authorized by | 1635 |
probate court for a determination of its validity when the | 1636 |
testator so requests. After the testator's death, the will shall | 1637 |
be delivered to the person named in the indorsement on the | 1638 |
envelope of the will, if there is a person named who demands it. | 1639 |
If the testator has
| 1640 |
court for a judgment declaring the validity of the will pursuant | 1641 |
to section 2107.081 of the Revised Code and the court has rendered | 1642 |
the judgment, the probate judge with possession shall deliver the | 1643 |
will to the proper probate court as determined under section | 1644 |
2107.11 of the Revised Code, upon the death of the testator, for | 1645 |
probate. | 1646 |
If no person named in the indorsement demands the will and it | 1647 |
is not one that has been declared valid pursuant to section | 1648 |
2107.084 of the Revised Code, it shall be publicly opened in the | 1649 |
probate court within | 1650 |
testator's death and retained in the office of the probate judge | 1651 |
until offered for probate. If the jurisdiction belongs to any | 1652 |
other probate court, the will shall be delivered to the person | 1653 |
entitled to its custody, to be presented for probate in the other | 1654 |
court. If the probate judge who opens the will has jurisdiction of | 1655 |
it,
| 1656 |
existence to the executor named in the will or, if any, to the | 1657 |
persons holding a power to nominate an executor as described in | 1658 |
section 2107.65 of the Revised Code, or, if it is the case, to the | 1659 |
executor named in the will and to the persons holding a power to | 1660 |
nominate a coexecutor as described in that section. If no executor | 1661 |
is named and no persons hold a power to nominate an executor as | 1662 |
described in that section, the probate judge shall give notice to | 1663 |
other persons immediately interested. | 1664 |
Sec. 2107.081. (A) A person who executes a will allegedly in | 1665 |
conformity with the laws of this state may | 1666 |
complaint in the probate court of the county in which | 1667 |
person is domiciled | 1668 |
or in the probate court of the county in which any of | 1669 |
person's real property is located | 1670 |
domiciled in this state | 1671 |
the will. | 1672 |
The | 1673 |
the probate court of the county in which it is filed. | 1674 |
The | 1675 |
persons named in the will as beneficiaries, and all of the persons | 1676 |
who would be entitled to inherit from the testator under Chapter | 1677 |
2105. of the Revised Code had the testator died intestate on the | 1678 |
date the | 1679 |
For the purposes of this section, "domicile" shall be | 1680 |
determined at the time of filing the | 1681 |
probate court. | 1682 |
(B) The failure of a testator to file a | 1683 |
for a judgment declaring the validity of a will | 1684 |
has executed shall not be construed as evidence or an admission | 1685 |
that the will was not properly executed pursuant to section | 1686 |
2107.03 of the Revised Code or any prior law of this state in | 1687 |
effect at the time of execution or as evidence or an admission | 1688 |
that the testator did not have the requisite testamentary capacity | 1689 |
1690 | |
1691 |
Sec. 2107.082. Service of process in an action authorized by | 1692 |
section 2107.081 of the Revised Code shall be made on every party | 1693 |
defendant named in | 1694 |
section by the following methods: | 1695 |
(A) By certified mail, or any other valid personal service | 1696 |
permitted by the Rules of Civil Procedure, if the party is an | 1697 |
inhabitant of this state or is found within this state; | 1698 |
(B) By certified mail, with a copy of the summons and | 1699 |
1700 | |
address or any other valid personal service permitted by the Rules | 1701 |
of Civil Procedure, if the party is not an inhabitant of this | 1702 |
state or is not found within this state; | 1703 |
(C) By publication, according to Civil Rule 4.4, in a | 1704 |
newspaper of general circulation published in the county where the | 1705 |
1706 | |
address of the party is unknown, if all methods of personal | 1707 |
service permitted under division (B) of this section were | 1708 |
attempted without success, or if the interest of the party under | 1709 |
the will or in the estate of the testator should the will be | 1710 |
declared invalid is unascertainable at that time. | 1711 |
Sec. 2107.083. When a | 1712 |
to section 2107.081 of the Revised Code, the probate court shall | 1713 |
conduct a hearing on the validity of the will. The hearing shall | 1714 |
be adversary in nature and shall be conducted pursuant to section | 1715 |
2721.10 of the Revised Code, except as otherwise provided in | 1716 |
sections 2107.081 to 2107.085 of the Revised Code. | 1717 |
Sec. 2107.084. (A) The probate court shall declare the will | 1718 |
valid if, after conducting a proper hearing pursuant to section | 1719 |
2107.083 of the Revised Code, it finds that the will was properly | 1720 |
executed pursuant to section 2107.03 of the Revised Code or under | 1721 |
any prior law of this state that was in effect at the time of | 1722 |
execution and that the testator had the requisite testamentary | 1723 |
capacity and | 1724 |
1725 |
Any | 1726 |
is binding in this state as to the validity of the will on all | 1727 |
facts found, unless provided otherwise in this section, section | 1728 |
2107.33 of the Revised Code, or division (B) of section 2107.71 of | 1729 |
the Revised Code, and, if the will remains valid, shall give the | 1730 |
will full legal effect as the instrument of disposition of the | 1731 |
testator's estate, unless the will has been modified or revoked | 1732 |
according to law. | 1733 |
(B) Any declaration of validity issued as a judgment pursuant | 1734 |
to this section shall be sealed in an envelope along with the will | 1735 |
to which it pertains, and filed by the probate judge or | 1736 |
1737 | |
that probate court. The filed will shall be available during the | 1738 |
testator's lifetime only to the testator. If the testator removes | 1739 |
a filed will from the possession of the probate judge, the | 1740 |
declaration of validity rendered under division (A) of this | 1741 |
section no longer has any effect. | 1742 |
(C) A testator may revoke or modify a will declared valid and | 1743 |
filed with a probate court pursuant to this section by
| 1744 |
filing a complaint in the probate court in possession of the will | 1745 |
and asking that the will be revoked or modified. The | 1746 |
complaint shall include a document executed pursuant to sections | 1747 |
2107.02 and 2107.03 of the Revised Code, and shall name as parties | 1748 |
defendant those persons who were parties defendant in any previous | 1749 |
action declaring the will valid, those persons who are named in | 1750 |
any modification as beneficiaries, and those persons who would be | 1751 |
entitled because of the revocation or modification, to inherit | 1752 |
from the testator under Chapter 2105. of the Revised Code had the | 1753 |
testator died intestate on the date the | 1754 |
filed. Service of the | 1755 |
on these parties by the methods authorized in section 2107.082 of | 1756 |
the Revised Code. | 1757 |
Unless waived by all parties, the court shall conduct a | 1758 |
hearing on the validity of the revocation or modification | 1759 |
requested under this division in the same manner as it would on | 1760 |
any initial | 1761 |
be valid under this section. If the court finds that the | 1762 |
revocation or modification is valid | 1763 |
procedure described in division (A) of this section, the | 1764 |
revocation or modification shall take full effect and be binding | 1765 |
and shall revoke the will or modify it to the extent of the valid | 1766 |
modification. The revocation or modification, the judgment | 1767 |
declaring it valid, and the will itself shall be sealed in an | 1768 |
envelope and filed with the probate court | 1769 |
during the testator's lifetime only to the testator. | 1770 |
(D) A | 1771 |
that has been declared valid under division (A) of this section | 1772 |
and is in the possession of the probate judge may be modified by | 1773 |
codicil | 1774 |
1775 | |
as the will. A testator may revoke a will by any method permitted | 1776 |
under section 2107.33 of the Revised Code. | 1777 |
(E) A declaration of validity of a will, | 1778 |
will previously declared valid, or of a revocation or modification | 1779 |
of a will previously determined to be valid | 1780 |
division (A) or (C) of this section, whichever is applicable, is | 1781 |
not subject to collateral attack, except by a person and in the | 1782 |
manner specified in division (B) of section 2107.71 of the Revised | 1783 |
Code, but is appealable subject to the terms of Chapter 2721. of | 1784 |
the Revised Code. | 1785 |
Sec. 2107.085. The finding of facts by a probate court in a | 1786 |
proceeding brought under sections 2107.081 to 2107.085 of the | 1787 |
Revised Code is not admissible as evidence in any proceeding other | 1788 |
than one brought to determine the validity of a will. | 1789 |
The determination or judgment rendered in a proceeding under | 1790 |
1791 | |
that proceeding in any action not brought to determine the | 1792 |
validity of a will. | 1793 |
The failure of a testator to file a | 1794 |
judgment declaring the validity of a will | 1795 |
executed is not admissible as evidence in any proceeding to | 1796 |
determine the validity of that will or any other will executed by | 1797 |
the testator. | 1798 |
Sec. 2107.09. (A) If real | 1799 |
devised or personal property is bequeathed by a | 1800 |
executor | 1801 |
brought before the probate court of the county in which the | 1802 |
decedent was domiciled. By
| 1803 |
1804 | |
1805 | |
having the custody or control of | 1806 |
before the court for the purpose of being proved. | 1807 |
If the person having the custody or control of the will | 1808 |
intentionally conceals or withholds it or neglects or refuses to | 1809 |
produce it for probate without reasonable cause, | 1810 |
be committed to the county jail and kept in | 1811 |
1812 | |
liable to any party aggrieved for the damages sustained by | 1813 |
that neglect or refusal. | 1814 |
Any | 1815 |
pursuant to this section may be issued into any county in the | 1816 |
state and shall be served and returned by the officer to whom it | 1817 |
is delivered. | 1818 |
The officer to whom | 1819 |
liable for neglect in its service or return in | 1820 |
manner as sheriffs are liable for neglect in not serving or | 1821 |
returning a capias issued upon an indictment. | 1822 |
(B) In the case of a will that has been declared valid | 1823 |
pursuant to section 2107.084 of the Revised Code, the probate | 1824 |
judge who made the declaration or who has possession of the will | 1825 |
shall cause the will and the judgment declaring validity to be | 1826 |
brought before the proper probate court as determined by section | 1827 |
2107.11 of the Revised Code at a time after the death of the | 1828 |
testator. If the death of the testator is brought to the attention | 1829 |
of the probate judge by an interested party, the judge shall cause | 1830 |
the will to be brought before the proper probate court at that | 1831 |
time. | 1832 |
Sec. 2107.10. (A) No property or right, testate or | 1833 |
intestate, shall pass to a beneficiary named in a will who knows | 1834 |
of the existence of the will for | 1835 |
death of the testator and has the power to control it | 1836 |
without reasonable cause, intentionally conceals or withholds it | 1837 |
or neglects or refuses within | 1838 |
cause it to be offered for or admitted to probate. The | 1839 |
property devised or bequeathed to | 1840 |
shall descend to the heirs of the testator, not including any heir | 1841 |
who has concealed or withheld the will. | 1842 |
(B) No property or right, testate or intestate, passes to a | 1843 |
beneficiary named in a will when the will was declared valid and | 1844 |
filed with a probate judge pursuant to section 2107.084 of the | 1845 |
Revised Code, the declaration and filing took place in a county | 1846 |
different from the county in which the will of the testator would | 1847 |
be probated under section 2107.11 of the Revised Code, and the | 1848 |
named beneficiary knew of the declaration and filing and of the | 1849 |
death of the testator and did not notify the probate judge with | 1850 |
whom the will was filed. This division does not preclude a named | 1851 |
beneficiary from acquiring property or rights from the estate of | 1852 |
the testator for failing to notify a probate judge if | 1853 |
1854 | |
the judge has previously been notified of the testator's death. | 1855 |
Sec. 2107.11. (A) A will shall be admitted to probate: | 1856 |
| 1857 |
domiciled | 1858 |
1859 |
| 1860 |
personal property of | 1861 |
of
| 1862 |
this state, and provided that | 1863 |
been admitted to probate in this state or in the state of | 1864 |
testator's domicile; | 1865 |
| 1866 |
rendered a judgment declaring that the will was valid and | 1867 |
which the will was filed with the probate court. | 1868 |
(B) For the purpose of division (A)(2) of this section, | 1869 |
intangible personal property is located in the place where the | 1870 |
instrument evidencing a debt, obligation, stock, or chose in | 1871 |
action is located or if there is no | 1872 |
where the debtor resides. | 1873 |
Sec. 2107.15. If a devise or bequest is made to a person who | 1874 |
is one of only two witnesses to a will, the devise or bequest is | 1875 |
void. The witness shall then be competent to testify to the | 1876 |
execution of the will, as if the devise or bequest had not been | 1877 |
made. If the witness would have been entitled to a share of the | 1878 |
testator's estate in case the will was not established, | 1879 |
witness takes so much of that share that does not exceed the | 1880 |
bequest or devise to | 1881 |
shall contribute for that purpose as for an absent or afterborn | 1882 |
child under section 2107.34 of the Revised Code. | 1883 |
Sec. 2107.17. When a witness to a will, or other witness | 1884 |
competent to testify at a probate or declaratory judgment | 1885 |
proceeding, resides out of its jurisdiction, or resides within it | 1886 |
but is infirm and unable to attend court, the probate court may | 1887 |
issue a commission with the will annexed directed to any suitable | 1888 |
person. In lieu of the original will, the probate court, in its | 1889 |
discretion, may annex to the commission a photocopy of the will or | 1890 |
a copy of the will made by | 1891 |
person to whom the commission is directed shall take the | 1892 |
deposition or authorize the taking of the deposition of the | 1893 |
witness as provided by the Rules of Civil Procedure. The | 1894 |
testimony, certified and returned, shall be admissible and have | 1895 |
the same effect in the proceedings as if taken in open court. | 1896 |
Sec. 2107.18. The probate court shall admit a will to | 1897 |
probate if it appears from the face of the will, or if the probate | 1898 |
court requires, in its discretion, the testimony of the witnesses | 1899 |
to a will and it appears from that testimony, that the execution | 1900 |
of the will complies with the law in force at the time of the | 1901 |
execution of the will in the jurisdiction in which it was | 1902 |
executed, | 1903 |
the death of the testator, or with the law in force in the | 1904 |
jurisdiction in which the testator was domiciled at the time of | 1905 |
1906 |
The probate court shall admit a will to probate when there | 1907 |
has been a prior judgment by a probate court declaring that the | 1908 |
will is valid, rendered pursuant to section 2107.084 of the | 1909 |
Revised Code, if the will has not been removed from the possession | 1910 |
of the probate judge and has not been modified or revoked under | 1911 |
division (C) or (D) of section 2107.084 of the Revised Code. | 1912 |
Sec. 2107.20. When admitted to probate every will shall be | 1913 |
filed in the office of the probate judge and recorded, together | 1914 |
with any testimony or prior judgment of a probate court declaring | 1915 |
the will valid, by | 1916 |
in a book to be kept for that purpose. | 1917 |
A copy of | 1918 |
probate annexed
| 1919 |
certified by the judge under seal of | 1920 |
be as effectual in all cases as the original would be, if | 1921 |
established by proof. | 1922 |
Sec. 2107.21. If real | 1923 |
situated in any county other than that in which the will is | 1924 |
proved, declared valid, or admitted to probate, an authenticated | 1925 |
copy of the will and the order of probate or the judgment | 1926 |
declaring validity shall be admitted to the record in the office | 1927 |
of the probate judge of each county in which | 1928 |
property is situated upon the order of | 1929 |
authenticated copy shall have the same validity
| 1930 |
county in which the real property is situated as if probate had | 1931 |
been had in | 1932 |
Sec. 2107.22. (A)(1)(a) When a will has been admitted to | 1933 |
probate by a probate court and another will of later date is | 1934 |
presented to the same court for probate, notice of the will of | 1935 |
later date shall be given to those persons required to be notified | 1936 |
under section 2107.19 of the Revised Code, and to the fiduciaries | 1937 |
and beneficiaries under the will of earlier date. The probate | 1938 |
court may admit the will of later date to probate the same as if | 1939 |
no earlier will had been so admitted if it appears from the face | 1940 |
of the will of later date, or if an interested person makes a | 1941 |
demand as described in division (A)(1)(b) of this section and it | 1942 |
appears from the testimony of the witnesses to the will given in | 1943 |
accordance with that division, that the execution of the will | 1944 |
complies with the law in force at the time of the execution of the | 1945 |
will in the jurisdiction in which it was executed, | 1946 |
in force in this state at the time of the death of the testator, | 1947 |
or with the law in force in the jurisdiction in which the testator | 1948 |
was domiciled at the time of
| 1949 |
(b) Upon the demand of a person interested in having a will | 1950 |
of later date admitted to probate, the probate court shall cause | 1951 |
at least two of the witnesses to the will of later date, and any | 1952 |
other witnesses that the interested person desires to have appear, | 1953 |
to come before the probate court and provide testimony. If the | 1954 |
interested person so requests, the probate court shall issue a | 1955 |
subpoena to compel the presence of any such witness before the | 1956 |
probate court to provide testimony. | 1957 |
Witnesses before the probate court pursuant to this division | 1958 |
shall be examined, and may be cross-examined, in open court, and | 1959 |
their testimony shall be reduced to writing and then filed in the | 1960 |
records of the probate court pertaining to the testator's estate. | 1961 |
(2) When an authenticated copy of a will has been admitted to | 1962 |
record by a probate court, and an authenticated copy of a will of | 1963 |
later date that was executed and proved as required by law, is | 1964 |
presented to the same court for record, it shall be admitted to | 1965 |
record in the same manner as if no authenticated copy of the will | 1966 |
of earlier date had been so admitted. | 1967 |
(3) If a probate court admits a will of later date to | 1968 |
probate, or an authenticated copy of a will of later date to | 1969 |
record, its order shall operate as a revocation of the order | 1970 |
admitting the will of earlier date to probate, or shall operate as | 1971 |
a revocation of the order admitting the authenticated copy of the | 1972 |
will of earlier date to record. The probate court shall enter on | 1973 |
the record of the earlier will a marginal note "later will | 1974 |
admitted to probate ..." (giving the date admitted). | 1975 |
(B) When a will that has been declared valid pursuant to | 1976 |
section 2107.084 of the Revised Code has been admitted to probate | 1977 |
by a probate court, and an authenticated copy of another will of | 1978 |
later date that was executed and proved as required by law is | 1979 |
presented to the same court for record, the will of later date | 1980 |
shall be admitted the same as if no other will had been admitted | 1981 |
and the proceedings shall continue as provided in this section. | 1982 |
Sec. 2107.29. When the record of a will is destroyed, a copy | 1983 |
of | 1984 |
recorded by the probate court if it appears to the court's | 1985 |
satisfaction that | 1986 |
appears, by reason of a certificate signed and sealed by the | 1987 |
probate judge,
| 1988 |
1989 | |
of the original will and its probate. | 1990 |
Sec. 2107.32. Every probate judge who admits a will or copy | 1991 |
of a will to record under sections 2107.29 to 2107.31 | 1992 |
of the Revised Code | 1993 |
admitting the will or copy to record give notice for three | 1994 |
consecutive weeks in two weekly newspapers of | 1995 |
judge's county if two are published | 1996 |
not, in one newspaper of general circulation in the county, | 1997 |
stating the name of the person the record of whose will has been | 1998 |
destroyed and the day when | 1999 |
those sections. All persons interested in the record, at any time | 2000 |
within five years from the making of | 2001 |
into the probate court and contest the question whether the record | 2002 |
2003 | |
2004 |
Sec. 2107.34. If, after making a | 2005 |
testator has a child born alive, | 2006 |
an heir in the manner provided by section 2105.15 of the Revised | 2007 |
Code, or if a child or designated heir who is absent and reported | 2008 |
to be dead proves to be alive, and no provision has been made in | 2009 |
2010 | |
heir, or for | 2011 |
shall not be revoked | 2012 |
will that it was the intention of the testator to disinherit | 2013 |
the pretermitted child or heir, the devises and legacies granted | 2014 |
by | 2015 |
abated proportionately, or in | 2016 |
necessary to give effect to the intention of the testator as shown | 2017 |
by the will, so that | 2018 |
receive a share equal to that which | 2019 |
been entitled to receive out of the estate if | 2020 |
had died intestate with no surviving spouse, owning only that | 2021 |
portion of the testator's estate not devised or bequeathed to or | 2022 |
for the use and benefit of a surviving spouse. If | 2023 |
pretermitted child or heir dies prior to the death of the | 2024 |
testator, the issue of | 2025 |
receive the share the parent would have received if living. | 2026 |
If | 2027 |
the time of executing the will has lineal descendants, provision | 2028 |
for whom is made by the testator, the other legatees and devisees | 2029 |
need not contribute, but | 2030 |
take the provision made for the pretermitted child's or heir's | 2031 |
lineal descendants or | 2032 |
the probate judge, may be equitable. In settling the claim of a | 2033 |
pretermitted child or heir, any portion of the testator's estate | 2034 |
received by a party interested, by way of advancement, is a | 2035 |
portion of the estate and shall be charged to the party who has | 2036 |
received it. | 2037 |
Though measured by Chapter 2105. of the Revised Code, the | 2038 |
share taken by a pretermitted child or heir shall be considered as | 2039 |
a testate succession. This section does not prejudice the right of | 2040 |
any fiduciary to act under any power given by the will, nor shall | 2041 |
the title of innocent purchasers for value of any of the property | 2042 |
of the testator's estate be affected by any right given by this | 2043 |
section to a pretermitted child or heir. | 2044 |
Sec. 2107.35. An encumbrance upon real or personal | 2045 |
property for the purpose of securing the payment of money or the | 2046 |
performance of a covenant shall not revoke a | 2047 |
executed | 2048 |
Sec. 2107.36. An act of a testator | 2049 |
does not wholly divest
| 2050 |
previously devised or bequeathed by
| 2051 |
revoke the devise or bequest of | 2052 |
devise or bequest shall pass to the devisee or legatee the actual | 2053 |
interest of the testator | 2054 |
2055 | |
kin | 2056 |
made | 2057 |
operate as a revocation of | 2058 |
If the instrument by which | 2059 |
wholly inconsistent with the previous devise or bequest, | 2060 |
instrument | 2061 |
devise or bequest, unless | 2062 |
condition or contingency, and
| 2063 |
or | 2064 |
Sec. 2107.38. If a testator executes a second will, the | 2065 |
destruction, cancellation, or revocation of the second will shall | 2066 |
not revive the first will unless the terms of | 2067 |
show that it was | 2068 |
effect to | 2069 |
destruction, cancellation, or revocation of the second will, | 2070 |
the testator republishes | 2071 |
Sec. 2107.46. Any fiduciary may | 2072 |
the probate court against creditors, legatees, distributees, or | 2073 |
other parties, and ask the direction or judgment of the court in | 2074 |
any matter respecting the trust, estate, or property to be | 2075 |
administered, and the rights of the parties in interest. | 2076 |
If any fiduciary fails for thirty days to | 2077 |
action under this section after a written request from a party in | 2078 |
interest, the party making the request may | 2079 |
action. | 2080 |
Sec. 2107.47. (A) The title, estate, or interest of a bona | 2081 |
fide purchaser, lessee, or encumbrancer, for value, in | 2082 |
property situated in this state, that is derived from an heir of a | 2083 |
decedent and acquired without knowledge of a will of the decedent | 2084 |
that effectively disposes of it to another person, shall not be | 2085 |
defeated by the production of a will of the decedent, unless, in | 2086 |
the case of a resident decedent, the will is offered for probate | 2087 |
within three months after the death of the decedent, or unless, in | 2088 |
the case of a nonresident decedent, the will is offered for record | 2089 |
in this state within three months after the death of the decedent. | 2090 |
(B) The title, estate, or interest of a bona fide purchaser, | 2091 |
lessee, or encumbrancer, for value, in | 2092 |
in this state, that is derived from a beneficiary under a will of | 2093 |
a decedent and acquired without knowledge of a later will of the | 2094 |
decedent that effectively disposes of it to another person, shall | 2095 |
not be defeated by the production of a later will of the decedent, | 2096 |
unless, in the case of a resident decedent, the later will is | 2097 |
offered for probate within three months after the death of the | 2098 |
decedent, or unless, in the case of a nonresident decedent, the | 2099 |
later will is offered for record in this state within three months | 2100 |
after the death of the decedent. | 2101 |
Sec. 2107.49. When | 2102 |
interests in real property are given by deed or will to a person | 2103 |
for | 2104 |
the person's heirs in fee, the conveyance shall vest an estate for | 2105 |
life only in | 2106 |
2107 | |
heirs of the body of the life tenant, the conveyance shall vest an | 2108 |
estate for life only in | 2109 |
fee simple in the heirs of
| 2110 |
rule in Shelley's case is abolished by this section and shall not | 2111 |
be given effect. | 2112 |
Sec. 2107.50. Any estate, right, or interest in any property | 2113 |
of which a decedent | 2114 |
the time of the decedent's death shall pass under
| 2115 |
decedent's will unless | 2116 |
intention. | 2117 |
Sec. 2107.501. (A) A specific devisee or legatee has the | 2118 |
right | 2119 |
property, and the following: | 2120 |
(1) Any balance on the purchase price, together with any | 2121 |
security interest owing from a purchaser to the testator at death | 2122 |
by reason of sale of the property; | 2123 |
(2) Any amount of condemnation award unpaid at death for the | 2124 |
taking of the property; | 2125 |
(3) Any proceeds unpaid at death on fire or casualty | 2126 |
insurance on the property; | 2127 |
(4) Property owned by the testator at death as a result of | 2128 |
foreclosure, or obtained in lieu of foreclosure, of the security | 2129 |
for a specifically devised or bequeathed obligation. | 2130 |
(B) If specifically devised or bequeathed property is sold by | 2131 |
a guardian, by an agent acting within the authority of a power of | 2132 |
attorney, or by an agent acting within the authority of a durable | 2133 |
power of attorney, or if a condemnation award or insurance | 2134 |
proceeds are paid to a guardian, to an agent acting within the | 2135 |
authority of a power of attorney, or to an agent acting within the | 2136 |
authority of a durable power of attorney as a result of | 2137 |
condemnation, fire, or casualty to the property, the specific | 2138 |
devisee or legatee has the right to a general pecuniary devise or | 2139 |
bequest equal to the net proceeds of sale, the condemnation award, | 2140 |
or the insurance proceeds, and | 2141 |
be treated as property subject to section 2107.54 of the Revised | 2142 |
Code. This section does not apply if subsequent to the sale, | 2143 |
condemnation, fire, or casualty, it is adjudicated that the | 2144 |
disability of the testator has ceased and the testator survives | 2145 |
the adjudication by one year. The right of the specific devisee or | 2146 |
legatee is reduced by any right | 2147 |
2148 |
Sec. 2107.51. Every devise of | 2149 |
2150 | |
all the estate of the devisor | 2151 |
clearly appears by the will that the devisor intended to convey a | 2152 |
less estate. | 2153 |
Sec. 2107.52. (A) As used in this section, "relative" means | 2154 |
an individual who is related to a testator by consanguinity and an | 2155 |
heir at law designated pursuant to section 2105.15 of the Revised | 2156 |
Code. | 2157 |
(B) Unless a contrary intention is manifested in the will, if | 2158 |
a devise of real property or a bequest of personal property is | 2159 |
made to a relative of a testator and the relative was dead at the | 2160 |
time the will was made or dies after that time, leaving issue | 2161 |
surviving the testator, those issue shall take by representation | 2162 |
the devised or bequeathed property as the devisee or legatee would | 2163 |
have done if | 2164 |
If the testator devised or bequeathed a residuary estate or the | 2165 |
entire estate after debts, other general or specific devises and | 2166 |
bequests, or an interest less than a fee or absolute ownership to | 2167 |
that devisee or legatee and relatives of the testator and if that | 2168 |
devisee or legatee leaves no issue, the estate devised or | 2169 |
bequeathed shall vest in the other devisees or legatees surviving | 2170 |
the testator in
| 2171 |
share of each devisee or legatee in the devised or bequeathed | 2172 |
property bears to the total of the shares of all of the surviving | 2173 |
devisees or legatees, unless a different disposition is made or | 2174 |
required by the will. | 2175 |
Sec. 2107.53. When part of the real | 2176 |
testator descends to
| 2177 |
disposed of by | 2178 |
personal | 2179 |
debts, the undevised real | 2180 |
first with the debts, as far as it will go, in exoneration of the | 2181 |
real | 2182 |
will that a different arrangement of assets was made for the | 2183 |
payment of | 2184 |
assets shall be applied for that purpose in conformity with the | 2185 |
will. | 2186 |
Sec. 2107.54. (A) When real or personal property, devised or | 2187 |
bequeathed, is taken from the devisee or legatee for the payment | 2188 |
of a debt of the testator, the other devisees and legatees shall | 2189 |
contribute their respective proportions of the loss to the person | 2190 |
from whom | 2191 |
equally on all the devisees and legatees according to the value of | 2192 |
the property received by each of them. | 2193 |
If, by making a specific devise or bequest, the testator has | 2194 |
exempted a devisee or legatee from liability to contribute to the | 2195 |
payment of debts, or if the will makes a different provision for | 2196 |
the payment of debts than the one prescribed in this section, the | 2197 |
estate shall be applied in conformity with the will. | 2198 |
(B) A devisee or legatee shall not be prejudiced by the fact | 2199 |
that the holder of a claim secured by lien on the property devised | 2200 |
or bequeathed failed to present | 2201 |
administrator for allowance within the time allowed by sections | 2202 |
2117.06 and 2117.07 of the Revised Code, and the devisee or | 2203 |
legatee shall be restored by right of contribution, exoneration, | 2204 |
or subrogation, to the position | 2205 |
have occupied if | 2206 |
2207 |
(C) A devisee of real | 2208 |
mortgage lien that exists on the date of the testator's death, who | 2209 |
does not have a right of exoneration that extends to that lien | 2210 |
because of the operation of division (B) of section 2113.52 of the | 2211 |
Revised Code, has a duty to contribute under this section to | 2212 |
devisees and legatees who are burdened if the claim secured by the | 2213 |
lien is presented and allowed pursuant to Chapter 2117. of the | 2214 |
Revised Code. | 2215 |
(D) This section does not affect the liability of the whole | 2216 |
estate of the testator for the payment of | 2217 |
debts. This section applies only to the marshaling of the assets | 2218 |
as between those who hold or claim under the will. | 2219 |
Sec. 2107.55. When a part of the estate of a testator | 2220 |
descends to a child born or adopted, or to an heir designated, | 2221 |
after the execution of the will, or to a child absent and reported | 2222 |
to be dead at the time of execution of the will but later found to | 2223 |
be alive, or to a witness to a will who is a devisee or legatee, | 2224 |
2225 | |
or witness for all the purposes mentioned in section 2107.54 of | 2226 |
the Revised Code shall be considered as if it had been devised to | 2227 |
2228 | |
witness shall be bound to contribute with the devisees and | 2229 |
legatees, as provided by
| 2230 |
contribution from them accordingly. | 2231 |
Sec. 2107.56. When any of the persons liable to contribute | 2232 |
toward the discharge of a testator's debt according to sections | 2233 |
2107.54 and 2107.55 of the Revised Code, is insolvent, the others | 2234 |
shall be severally liable to each other for the loss occasioned by | 2235 |
2236 | |
of the property received by | 2237 |
deceased. If any one of the persons liable dies without paying | 2238 |
the person's proportion of | 2239 |
administrators of the person's estate shall be liable | 2240 |
that proportion to the extent to which | 2241 |
been liable if living. | 2242 |
Sec. 2107.58. When a sale of | 2243 |
unaliened by a devisee or heir is ordered for the payment of the | 2244 |
debts of an estate, sections 2107.53 to 2107.57 | 2245 |
Revised Code do not prevent the probate court from making | 2246 |
order and decree for the sale of any portion of the aliened or | 2247 |
unaliened | 2248 |
the | 2249 |
further order and decree to settle and adjust the various rights | 2250 |
and liabilities of the parties. | 2251 |
Sec. 2107.59. When a | 2252 |
probate, or a will made out of this state is admitted to record as | 2253 |
provided by sections 2129.05 to 2129.07 of the Revised Code, and | 2254 |
2255 | |
given or devised by | 2256 |
will, or nominated pursuant to a power as described in section | 2257 |
2107.65 of the Revised Code, to be sold or conveyed, or | 2258 |
2259 | |
sold by | 2260 |
refuses to act, or neglects to take upon | 2261 |
execution of the will, then all sales and conveyances of | 2262 |
2263 | |
upon themselves in this state the execution of the will, or the | 2264 |
survivor of them, shall be as valid as if the remaining executors | 2265 |
had joined in the sale and conveyance. But if none of | 2266 |
executors take upon themselves the execution of the will, or if | 2267 |
all the executors who take out letters testamentary die, resign, | 2268 |
or are removed before the sale and conveyance of | 2269 |
interests in real property, or die, resign, or are removed after | 2270 |
the sale and before the conveyance is made, the sale or | 2271 |
conveyance, or both, shall be made by the administrator with the | 2272 |
will annexed or, if any, by a successor executor or successor | 2273 |
coexecutor nominated pursuant to a power as described in section | 2274 |
2107.65 of the Revised Code. | 2275 |
Sec. 2107.60. An oral will, made in the last sickness, shall | 2276 |
be valid in respect to personal | 2277 |
writing and subscribed by two competent disinterested witnesses | 2278 |
within ten days after the speaking of the testamentary words. | 2279 |
The witnesses | 2280 |
and memory, not under restraint, and that | 2281 |
upon some person present at the time the testamentary words were | 2282 |
spoken to bear testimony to
| 2283 |
testator's will. | 2284 |
No oral will shall be admitted to record unless it is offered | 2285 |
for probate within | 2286 |
testator. | 2287 |
Sec. 2107.61. Unless it has been admitted to probate or | 2288 |
record, as provided in sections 2107.01 to 2107.62 | 2289 |
or 2129.05 to 2129.07 | 2290 |
effectual to | 2291 |
Sec. 2107.65. A testator may confer in | 2292 |
will, upon one or more persons, the power to nominate, in writing, | 2293 |
an executor, coexecutor, successor executor, or successor | 2294 |
coexecutor, and also may provide in | 2295 |
or persons so nominated may serve without bond. If a will confers | 2296 |
2297 | |
nominate themselves as executor, coexecutor, successor executor, | 2298 |
or successor coexecutor unless the will provides to the contrary. | 2299 |
Sec. 2107.71. (A) A person interested in a will or codicil | 2300 |
admitted to probate in the probate court | 2301 |
that has not been declared valid by judgment of a probate court | 2302 |
pursuant to section 2107.084 of the Revised Code | 2303 |
2304 | |
court pursuant to section 2107.084 of the Revised Code | 2305 |
has been removed from the possession of the probate judge, may | 2306 |
contest its validity by filing a | 2307 |
probate court in the county in which | 2308 |
admitted to probate. | 2309 |
(B) Except as otherwise provided in this division, no person | 2310 |
may contest the validity of any will or codicil as to facts | 2311 |
decided if it was submitted to a probate court by | 2312 |
testator during | 2313 |
judgment of the probate court and filed with the judge of the | 2314 |
probate court pursuant to section 2107.084 of the Revised Code and | 2315 |
if the will was not removed from the possession of the probate | 2316 |
judge. A person may contest the validity of | 2317 |
modification, or codicil as to | 2318 |
one who should have been named a party defendant in the action in | 2319 |
which the will, modification, or codicil was declared valid, | 2320 |
pursuant to section 2107.081 or 2107.084 of the Revised Code, and | 2321 |
if the person was not named a defendant and properly served in | 2322 |
2323 | |
contesting the validity of a will or codicil that is authorized by | 2324 |
this division, the court shall proceed with the action in the same | 2325 |
manner as if the will, modification, or codicil had not been | 2326 |
previously declared valid under sections 2107.081 to 2107.085 of | 2327 |
the Revised Code. | 2328 |
(C) No person may introduce, as evidence in an action | 2329 |
authorized by this section contesting the validity of a will, the | 2330 |
fact that the testator of the will did not file a | 2331 |
complaint for a judgment declaring its validity under section | 2332 |
2107.081 of the Revised Code. | 2333 |
Sec. 2107.73. Persons who are necessary parties to a will | 2334 |
contest action are as follows: | 2335 |
(A) Any person designated in a will to receive a testamentary | 2336 |
disposition of real or personal property; | 2337 |
(B) Heirs who would take property pursuant to section 2105.06 | 2338 |
of the Revised Code had the testator died intestate; | 2339 |
(C) The executor or the administrator with the will annexed; | 2340 |
(D) The attorney general as provided by section 109.25 of the | 2341 |
Revised Code; | 2342 |
(E) Other interested parties. | 2343 |
Sec. 2107.75. When the jury or the court finds that the | 2344 |
writing produced is not the | 2345 |
the testator, the trial court shall allow as part of the costs of | 2346 |
administration | 2347 |
attorneys defending | 2348 |
codicil | 2349 |
compensation for the services rendered in | 2350 |
action. The court shall order | 2351 |
out of the estate of the decedent. | 2352 |
Sec. 2108.51. Any licensed physician or surgeon who, in good | 2353 |
faith and acting in reliance upon an instrument of consent for an | 2354 |
autopsy or post-mortem examination executed under section 2108.50 | 2355 |
of the Revised Code and without actual knowledge of revocation of | 2356 |
2357 | |
is not liable in a civil or criminal action brought against | 2358 |
the licensed physician or surgeon for | 2359 |
Sec. 2109.02. Every fiduciary, before entering upon the | 2360 |
execution of a trust, shall receive letters of appointment from a | 2361 |
probate court having jurisdiction of the subject matter of the | 2362 |
trust. | 2363 |
The duties of a fiduciary shall be those required by law, and | 2364 |
such additional duties as the court orders. Letters of appointment | 2365 |
shall not issue until a fiduciary has executed a written | 2366 |
acceptance of the fiduciary's duties, acknowledging that the | 2367 |
fiduciary is subject to removal for failure to perform the | 2368 |
fiduciary's duties, and that the fiduciary is subject to possible | 2369 |
penalties for conversion of property the fiduciary | 2370 |
fiduciary. The written acceptance may be filed with the | 2371 |
application for appointment. | 2372 |
No act or transaction by a fiduciary is valid prior to the | 2373 |
issuance of letters of appointment to the fiduciary. This section | 2374 |
does not prevent an executor named in a will, an executor | 2375 |
nominated pursuant to a power as described in section 2107.65 of | 2376 |
the Revised Code, or a person with the right of disposition under | 2377 |
section 2108.70 or 2108.81 of the Revised Code from paying funeral | 2378 |
expenses, or prevent necessary acts for the preservation of the | 2379 |
trust estate prior to the issuance of | 2380 |
Sec. 2109.021. After letters of appointment are issued to a | 2381 |
fiduciary, the court shall accept filings by mail in matters of | 2382 |
estates, guardianships, or trusts, unless the court in writing | 2383 |
notifies the fiduciary or attorney of record that a personal | 2384 |
appearance is necessary, or a personal appearance is otherwise | 2385 |
required by law. | 2386 |
incomplete filing | 2387 |
it to the sender | 2388 |
2389 |
Sec. 2109.03. At the time of the appointment of a fiduciary, | 2390 |
2391 | |
attorney, if any, who will represent | 2392 |
relating to the trust. After the name of an attorney has been | 2393 |
filed, notices sent to | 2394 |
official capacity shall also be sent by the court to | 2395 |
attorney who may sign waiver of service of any or all of | 2396 |
notices upon | 2397 |
state, | 2398 |
whom summonses, citations, and notices may be served. Any summons, | 2399 |
citation, or notice may be served upon the fiduciary by delivering | 2400 |
duplicate copies | 2401 |
the attorney designated by | 2402 |
shall permit any person to practice law in the probate court for | 2403 |
compensation, unless | 2404 |
practice of law within the state. This section does not prevent | 2405 |
any person from representing | 2406 |
estate, matter, action, or proceeding. | 2407 |
Sec. 2109.04. (A)(1) Unless otherwise provided by law, | 2408 |
order, or local rule, every fiduciary, prior to the issuance of | 2409 |
the fiduciary's letters as provided by section 2109.02 of the | 2410 |
Revised Code, shall file in the probate court in which the letters | 2411 |
are to be issued a bond with a penal sum in | 2412 |
2413 | |
the probable value of the personal | 2414 |
annual real | 2415 |
2416 | |
as a fiduciary. The bond of a fiduciary shall be in a form | 2417 |
approved by the court and signed by two or more personal sureties | 2418 |
or by one or more corporate sureties approved by the court. It | 2419 |
shall be conditioned that the fiduciary faithfully and honestly | 2420 |
will discharge the duties devolving upon the person as fiduciary, | 2421 |
and shall be conditioned further as may be provided by law. | 2422 |
(2) Except as otherwise provided in this division, if the | 2423 |
instrument creating the trust dispenses with the giving of a bond, | 2424 |
the court shall appoint a fiduciary without bond, unless the court | 2425 |
is of the opinion that the interest of the trust demands it. If | 2426 |
the court is of that opinion, it may require bond to be given in | 2427 |
any amount it fixes. If a parent nominates a guardian for the | 2428 |
parent's child in a will and provides in the will that the | 2429 |
guardian may serve without giving bond, the court may appoint the | 2430 |
guardian without bond or require the guardian to give bond in | 2431 |
accordance with division (A)(1) of this section. | 2432 |
(3) A guardian of the person only does not have to give bond | 2433 |
unless, for good cause shown, the court considers a bond to be | 2434 |
necessary. When a bond is required of a guardian of the person | 2435 |
only, it shall be determined and filed in accordance with division | 2436 |
(A)(1) of this section. This division does not apply to a guardian | 2437 |
of the person only nominated in a parent's will if the will | 2438 |
provides that the guardian may serve without giving bond. | 2439 |
(4) When the probable value of the personal | 2440 |
and of the annual real | 2441 |
the | 2442 |
guardian as a fiduciary is less than ten thousand dollars, the | 2443 |
court may waive or reduce a bond required by division (A)(1) of | 2444 |
this section. | 2445 |
(B) When an executive director who is responsible for the | 2446 |
administration of children services in the county is appointed as | 2447 |
trustee of the estate of a ward pursuant to section 5153.18 of the | 2448 |
Revised Code and has furnished bond under section 5153.13 of the | 2449 |
Revised Code, or when an agency under contract with the department | 2450 |
of developmental disabilities for the provision of protective | 2451 |
service under sections 5123.55 to 5123.59 of the Revised Code is | 2452 |
appointed as trustee of the estate of a ward under | 2453 |
5123.55 to 5123.59 of the Revised Code and any employees of the | 2454 |
agency having custody or control of funds or property of | 2455 |
that ward have furnished bond under section 5123.59 of the Revised | 2456 |
Code, the court may dispense with the giving of a bond. | 2457 |
(C) When letters are granted without bond, at any later | 2458 |
period on its own motion or upon the application of any party | 2459 |
interested, the court may require bond to be given in | 2460 |
amount
| 2461 |
2462 |
No instrument authorizing a fiduciary whom it names to serve | 2463 |
without bond shall be construed to relieve a successor fiduciary | 2464 |
from the necessity of giving bond, unless the instrument clearly | 2465 |
evidences | 2466 |
The court | 2467 |
reduce the amount of the bond of | 2468 |
for good cause shown. | 2469 |
When two or more persons are appointed as joint fiduciaries, | 2470 |
the court may take a separate bond from each or a joint bond from | 2471 |
all. | 2472 |
Sec. 2109.05. When | 2473 |
probate court and not otherwise directed in the will, a bond, as | 2474 |
provided by sections 2109.01 to 2109.58 | 2475 |
Code, shall be required in all trusts created by will and not | 2476 |
fully discharged, on the petition of an interested person and | 2477 |
after notice to the trustee. | 2478 |
If | 2479 |
ordered by the court,
| 2480 |
the trustee from | 2481 |
to have declined it. | 2482 |
2483 |
Sec. 2109.06. The probate court | 2484 |
fiduciary | 2485 |
application of any interested party, and after notice to the | 2486 |
fiduciary, require a new bond or sureties or an additional bond or | 2487 |
sureties | 2488 |
interests of the trust demand it. | 2489 |
Immediately upon the filing of the inventory by a fiduciary, | 2490 |
the court shall determine whether the amount of the bond of | 2491 |
the fiduciary is sufficient and shall require new or additional | 2492 |
bond if in the opinion of the court the interests of the trust | 2493 |
demand it. | 2494 |
When a new bond is required as provided in this section, the | 2495 |
sureties in the prior bond shall nevertheless be liable for all | 2496 |
breaches of the conditions set forth in | 2497 |
are committed before the new bond is approved by the court. | 2498 |
| 2499 |
time fixed by the court to furnish new or additional bond or | 2500 |
sureties | 2501 |
2502 | |
appoint a successor fiduciary. | 2503 |
Sec. 2109.07. (A) The bond required of an administrator by | 2504 |
section 2109.04 of the Revised Code shall not be required in | 2505 |
either of the following cases: | 2506 |
(1) It shall not be required of a surviving spouse to | 2507 |
administer the deceased spouse's estate if the surviving spouse is | 2508 |
entitled to the entire net proceeds of the estate. | 2509 |
(2) It shall not be required of an administrator to | 2510 |
administer an estate if there is no will, if the administrator is | 2511 |
the next of kin, and if the administrator is entitled to the | 2512 |
entire net proceeds of the estate. | 2513 |
(B) The bond otherwise required by section 2109.04 of the | 2514 |
Revised Code of an administrator shall be conditioned as follows: | 2515 |
(1) To file with the probate court within the time required | 2516 |
by section 2115.02 of the Revised Code an inventory of all | 2517 |
tangible and intangible personal property of the deceased that is | 2518 |
to be administered and that comes to the administrator's | 2519 |
possession or knowledge and an inventory of the deceased's | 2520 |
interest in real | 2521 |
(2) To administer and distribute according to law all | 2522 |
tangible and intangible personal property of the deceased, the | 2523 |
proceeds of any action for wrongful death or of any settlement, | 2524 |
with or without suit, of a wrongful death claim, and the proceeds | 2525 |
of all real | 2526 |
that is located in this state, and that is sold, when the property | 2527 |
or proceeds have come to the possession of the administrator or to | 2528 |
the possession of a person for the administrator; | 2529 |
(3) To render a just and true account of the administrator's | 2530 |
administration at the times required by section 2109.301 of the | 2531 |
Revised Code; | 2532 |
(4) To deliver the letters of administration into court if a | 2533 |
will of the deceased is proved and allowed. | 2534 |
Sec. 2109.09. (A) Unless the testator has specified | 2535 |
otherwise in the will, the bond required of an executor by section | 2536 |
2109.04 of the Revised Code shall not be required of the executor | 2537 |
to administer an estate in accordance with the will of the | 2538 |
testator if the executor is the next of kin and if the executor is | 2539 |
entitled to the entire net proceeds of the estate. | 2540 |
(B) The bond otherwise required of an executor by section | 2541 |
2109.04 of the Revised Code shall be conditioned as follows: | 2542 |
(1) To file with the probate court within the time required | 2543 |
by section 2115.02 of the Revised Code an inventory of all the | 2544 |
tangible and intangible personal property of the testator that is | 2545 |
to be administered and that comes to the executor's possession or | 2546 |
knowledge and an inventory of the testator's interest in real | 2547 |
2548 |
(2) To administer and distribute according to law and the | 2549 |
will of the testator all the testator's tangible and intangible | 2550 |
personal property, the proceeds of any action for wrongful death | 2551 |
or of any settlement, with or without suit, of a wrongful death | 2552 |
claim, and the proceeds of all real
| 2553 |
testator had an interest, that is located in this state, and that | 2554 |
is sold, when the property or proceeds have come to the possession | 2555 |
of the executor or to the possession of another person for the | 2556 |
executor; | 2557 |
(3) To render a just and true account of the executor's | 2558 |
administration at the times required by section 2109.301 of the | 2559 |
Revised Code. | 2560 |
Sec. 2109.10. If an executor or administrator is sole | 2561 |
residuary legatee or distributee and if division (A) of section | 2562 |
2109.07 or division (A) of section 2109.09 of the Revised Code | 2563 |
does not apply, instead of giving the bond prescribed by section | 2564 |
2109.04 of the Revised Code, the executor or administrator may | 2565 |
give a bond to the satisfaction of the probate court conditioned | 2566 |
as follows: | 2567 |
(A) To pay the costs of administration and all the debts and | 2568 |
legacies of the decedent to the extent of the assets of the | 2569 |
estate; | 2570 |
(B) If there is a will, to pay over the testator's estate to | 2571 |
the person entitled to the testator's estate if the will is set | 2572 |
aside; | 2573 |
(C) If there is no will offered at the opening of the estate, | 2574 |
to pay over the testator's estate to the person entitled to the | 2575 |
testator's estate if a will is probated after the administrator's | 2576 |
initial appointment. | 2577 |
The giving of | 2578 |
the decedent's real | 2579 |
decedent's debts, except that part | 2580 |
sold by the executor or administrator. | 2581 |
Sec. 2109.11. The bond required by section 2109.04 of the | 2582 |
Revised Code of a testamentary trustee shall be conditioned as | 2583 |
follows: | 2584 |
(A) To make and return to the probate court within the time | 2585 |
required by section 2109.58 of the Revised Code a true inventory | 2586 |
of all moneys, | 2587 |
and real | 2588 |
trustee's possession or knowledge; | 2589 |
(B) To administer and distribute according to law and the | 2590 |
will of the testator all moneys, | 2591 |
personal property and real | 2592 |
that come to the possession of the trustee or to the possession of | 2593 |
any other person for the trustee; | 2594 |
(C) To render a just and true account of the trustee's | 2595 |
administration at the times required by section 2109.303 of the | 2596 |
Revised Code. | 2597 |
Sec. 2109.12. Any bond required by or pursuant to section | 2598 |
2109.04 of the Revised Code of a guardian shall be conditioned as | 2599 |
follows: | 2600 |
(A) If applicable, to make and return to the probate court | 2601 |
within the time required by section 2111.14 of the Revised Code a | 2602 |
true inventory of all moneys, | 2603 |
personal property, and real
| 2604 |
that come to the guardian's possession or knowledge; | 2605 |
(B) To administer and distribute according to law all moneys, | 2606 |
2607 | |
2608 | |
of the guardian or to the possession of any other person for the | 2609 |
guardian; | 2610 |
(C) To render a just and true account of the guardian's | 2611 |
administration at any times required by or pursuant to section | 2612 |
2109.302 of the Revised Code. | 2613 |
Sec. 2109.14. If the estate held by a fiduciary consists in | 2614 |
whole or in part of works of nature or of art | 2615 |
suitable for preservation and exhibition in a museum or other | 2616 |
similar institution, the probate court may authorize and direct | 2617 |
that any or all of | 2618 |
corporation conducting | 2619 |
institution; provided that no such deposit shall be authorized or | 2620 |
directed except with a corporation having a net worth of at least | 2621 |
ten times the value of the works to be deposited. | 2622 |
shall be made in the name of the fiduciary, and the property | 2623 |
deposited shall not be withdrawn from the custody of | 2624 |
depository or otherwise deposited except upon the special order of | 2625 |
the court. The probate judge may impose | 2626 |
relative to insurance and the care and protection of the property | 2627 |
deposited | 2628 |
estate and the beneficiaries | 2629 |
deposit has been made, a receipt for | 2630 |
by
| 2631 |
the receipt shall acknowledge that | 2632 |
2633 | |
2634 | |
of the bond so that the amount of the penalty | 2635 |
is determined with respect to the value of the remainder only of | 2636 |
the estate or fund, without including the value of the property | 2637 |
deposited. Neither the fiduciary nor | 2638 |
shall be liable for any loss to the trust estate resulting from a | 2639 |
deposit authorized and directed by the court pursuant to this | 2640 |
section, provided | 2641 |
Sec. 2109.17. If the bond of a fiduciary is executed by | 2642 |
personal sureties, one or more of | 2643 |
resident of the county in which | 2644 |
appointment. The sureties shall own real property worth double the | 2645 |
sum to be secured, over and above all encumbrances, and shall have | 2646 |
property in this state liable to execution equal to the sum to be | 2647 |
secured.
| 2648 |
bond, they must have in the aggregate the qualifications | 2649 |
prescribed in this section. | 2650 |
oath and may be required to exhibit to the probate court | 2651 |
satisfactory evidence of the ownership of | 2652 |
No corporate surety shall be acceptable on a fiduciary's bond | 2653 |
in | 2654 |
the United States government on surety bonds in | 2655 |
amount, as shown by the regulations issued by the secretary of the | 2656 |
treasury of the United States, or in any other manner, to the | 2657 |
satisfaction of the court. | 2658 |
to do business in this state. | 2659 |
A surety on the bond of a fiduciary shall not be held liable | 2660 |
for any debt of
| 2661 |
2662 | |
appointed; but | 2663 |
2664 | |
the fiduciary after appointment. | 2665 |
Sec. 2109.19. If a fiduciary wastes or unfaithfully | 2666 |
administers an estate, on the application of a surety on the | 2667 |
fiduciary's bond the probate court granting letters of appointment | 2668 |
to | 2669 |
account and to execute to | 2670 |
sureties approved by the court. Upon neglect or refusal to execute | 2671 |
2672 | |
the fiduciary, revoke | 2673 |
and appoint another fiduciary in | 2674 |
Sec. 2109.20. Instead of the sureties required on | 2675 |
guardian's bond by section 2109.04 of the Revised Code, a guardian | 2676 |
of the person and estate or of the estate only of any ward may | 2677 |
execute to the ward a mortgage upon unencumbered real | 2678 |
property. The guardian first shall furnish to the probate court a | 2679 |
title guarantee or a mortgagee's title insurance policy for the | 2680 |
benefit of the guardianship, with respect to the real | 2681 |
property, and it shall be shown to the court's satisfaction that, | 2682 |
exclusive of improvements on the real | 2683 |
2684 | |
mortgage shall be recorded in the county in which the property is | 2685 |
situated and filed with the court. | 2686 |
Sec. 2109.21. (A) An administrator, special administrator, | 2687 |
administrator de bonis non, or administrator with the will annexed | 2688 |
shall be a resident of this state and shall be removed on proof | 2689 |
that the administrator is no longer a resident of this state. | 2690 |
(B)(1) To qualify for appointment as executor or trustee, an | 2691 |
executor or a trustee named in a will or nominated in accordance | 2692 |
with any power of nomination conferred in a will, may be a | 2693 |
resident of this state or, as provided in this division, a | 2694 |
nonresident of this state. To qualify for appointment, a | 2695 |
nonresident executor or trustee named in, or nominated pursuant | 2696 |
to, a will shall be an individual who is related to the | 2697 |
2698 | |
resides in a state that has statutes or rules that authorize the | 2699 |
appointment of a nonresident person who is not related to the | 2700 |
2701 | |
executor or trustee when named in, or nominated pursuant to, a | 2702 |
will. No such executor or trustee shall be refused appointment or | 2703 |
removed solely because the executor or trustee is not a resident | 2704 |
of this state. | 2705 |
The court may require that a nonresident executor or trustee | 2706 |
named in, or nominated pursuant to, a will assure that all of the | 2707 |
assets of the decedent that are in the county at the time of the | 2708 |
death of the decedent will remain in the county until distribution | 2709 |
or until the court determines that the assets may be removed from | 2710 |
the county. | 2711 |
(2) In accordance with this division and section 2129.08 of | 2712 |
the Revised Code, the court shall appoint as an ancillary | 2713 |
administrator a person who is named in the will of a nonresident | 2714 |
decedent, or who is nominated in accordance with any power of | 2715 |
nomination conferred in the will of a nonresident decedent, as a | 2716 |
general executor of the decedent's estate or as executor of the | 2717 |
portion of the decedent's estate located in this state, whether or | 2718 |
not the person so named or nominated is a resident of this state. | 2719 |
To qualify for appointment as an ancillary administrator, a | 2720 |
person who is not a resident of this state and who is named or | 2721 |
nominated as described in this division, shall be an individual | 2722 |
who is related to the | 2723 |
or affinity, or a person who resides in a state that has statutes | 2724 |
or rules that authorize the appointment of a nonresident of that | 2725 |
state who is not related to the | 2726 |
consanguinity or affinity, as an ancillary administrator when the | 2727 |
nonresident is named in a will or nominated in accordance with any | 2728 |
power of nomination conferred in a will. If a person who is not a | 2729 |
resident of this state and who is named or nominated as described | 2730 |
in this division so qualifies for appointment as an ancillary | 2731 |
administrator and if the provisions of section 2129.08 of the | 2732 |
Revised Code are satisfied, the court shall not refuse to appoint | 2733 |
the person, and shall not remove the person, as ancillary | 2734 |
administrator solely because the person is not a resident of this | 2735 |
state. | 2736 |
The court may require that an ancillary administrator who is | 2737 |
not a resident of this state and who is named or nominated as | 2738 |
described in this division, assure that all of the assets of the | 2739 |
decedent that are in the county at the time of the death of the | 2740 |
decedent will remain in the county until distribution or until the | 2741 |
court determines that the assets may be removed from the county. | 2742 |
(C)(1) A guardian of the estate shall be a resident of this | 2743 |
state, except that the court may appoint a nonresident of this | 2744 |
state as a guardian of the estate if any of the following applies: | 2745 |
(a) The nonresident is named in a will by a parent of a | 2746 |
minor. | 2747 |
(b) The nonresident is selected by a minor over the age of | 2748 |
fourteen years as provided by section 2111.12 of the Revised Code. | 2749 |
(c) The nonresident is nominated in or pursuant to a durable | 2750 |
power of attorney as described in division (D) of section 1337.09 | 2751 |
of the Revised Code or a writing as described in division (A) of | 2752 |
section 2111.121 of the Revised Code. | 2753 |
(2) A guardian of the estate, other than a guardian named in | 2754 |
a will by a parent of a minor, selected by a minor over the age of | 2755 |
fourteen years, or nominated in or pursuant to a durable power of | 2756 |
attorney or writing described in division (C)(1)(c) of this | 2757 |
section, may be removed on proof that the guardian of the estate | 2758 |
is no longer a resident of this state. | 2759 |
(3) The court may appoint a resident or nonresident of this | 2760 |
state as a guardian of the person. | 2761 |
(D) Any fiduciary, whose residence qualifications are not | 2762 |
defined in this section, shall be a resident of this state, and | 2763 |
shall be removed on proof that the fiduciary is no longer a | 2764 |
resident of this state. | 2765 |
(E) Any fiduciary, in order to assist in the carrying out of | 2766 |
the fiduciary's fiduciary duties, may employ agents who are not | 2767 |
residents of the county or of this state. | 2768 |
(F) Every fiduciary shall sign and file with the court a | 2769 |
statement of permanent address and shall notify the court of any | 2770 |
change of address. A court may remove a fiduciary if the fiduciary | 2771 |
fails to comply with this division. | 2772 |
Sec. 2109.22. The marriage of any person does not disqualify | 2773 |
2774 | |
occurs before or after | 2775 |
qualification, and all of | 2776 |
capacity shall have the same validity as though | 2777 |
unmarried. | 2778 |
Sec. 2109.24. The probate court at any time may accept the | 2779 |
resignation of any fiduciary upon the fiduciary's proper | 2780 |
accounting, if the fiduciary was appointed by, is under the | 2781 |
control of, or is accountable to the court. The fiduciary may | 2782 |
resign by filing a written statement with the court after giving | 2783 |
at least fifteen days notice to the persons known to be interested | 2784 |
in the estate. Upon notice or a motion of the fiduciary to resign, | 2785 |
the court may set the matter for a hearing and may notify all | 2786 |
interested persons. No fiduciary shall resign without an order of | 2787 |
the court. | 2788 |
If a fiduciary fails to make and file an inventory as | 2789 |
required by sections 2109.58, 2111.14, and 2115.02 of the Revised | 2790 |
Code or to render a just and true account of the fiduciary's | 2791 |
administration at the times required by section 2109.301, | 2792 |
2109.302, or 2109.303 of the Revised Code, and if the failure | 2793 |
continues for thirty days after the fiduciary has been notified by | 2794 |
the court of the expiration of the relevant time, the fiduciary | 2795 |
2796 | |
allowance for the fiduciary's services unless the court enters | 2797 |
upon its journal its findings that the delay was necessary and | 2798 |
reasonable. | 2799 |
The court may remove any fiduciary, after giving the | 2800 |
fiduciary not less than ten days' notice, for habitual | 2801 |
drunkenness, neglect of duty, incompetency, or fraudulent conduct, | 2802 |
because the interest of the property, testamentary trust, or | 2803 |
estate that the fiduciary is responsible for administering demands | 2804 |
it, or for any other cause authorized by law. | 2805 |
The court may remove a testamentary trustee upon the written | 2806 |
application of more than one-half of the persons having an | 2807 |
interest in the estate controlled by the testamentary trustee, but | 2808 |
the testamentary trustee is not to be considered as a person | 2809 |
having an interest in the estate under the proceedings; except | 2810 |
that no testamentary trustee appointed under a will shall be | 2811 |
removed upon | 2812 |
Upon the resignation or removal of the fiduciary, the court | 2813 |
shall revoke all letters of authority for the fiduciary. | 2814 |
Sec. 2109.25. (A) Whenever it appears to the satisfaction of | 2815 |
the probate court that a fiduciary is unable to perform | 2816 |
fiduciary's duties because | 2817 |
to engage in military service as defined by this section, the | 2818 |
court may remove | 2819 |
authorize the remaining fiduciaries to execute the trust. | 2820 |
That action may be taken on the court's own motion or on the | 2821 |
application of any party in interest, including the fiduciary or | 2822 |
cofiduciary, either without notice or upon notice to | 2823 |
persons and in
| 2824 |
If any of the duties of | 2825 |
when a fiduciary who has resigned or been removed on account of | 2826 |
2827 | |
military service, | 2828 |
fiduciary upon | 2829 |
upon | 2830 |
fiduciary is at the time a suitable and competent person and has | 2831 |
the qualifications as to residence required by section 2109.21 of | 2832 |
the Revised Code. If | 2833 |
shall remove the substitute fiduciary and revoke | 2834 |
substitute fiduciary's letters of appointment | 2835 |
further order or decree as justice requires. | 2836 |
| 2837 |
service" means any service, work, or occupation | 2838 |
opinion of the court is directly or indirectly in furtherance of | 2839 |
any military effort of the United States. | 2840 |
"Military service" includes internment in an enemy country, | 2841 |
residence in any foreign country, or residence in any possession | 2842 |
or dependency of the United States, if by reason
| 2843 |
internment or residence the fiduciary is unable to return to this | 2844 |
state. | 2845 |
Sec. 2109.26. If a sole fiduciary dies, is dissolved, | 2846 |
declines to accept, resigns, is removed, or becomes incapacitated | 2847 |
prior to the termination of the trust, the probate court shall | 2848 |
require a final account of all dealings of | 2849 |
filed
| 2850 |
to act. If | 2851 |
act,
| 2852 |
guardian | 2853 |
person in | 2854 |
court. If | 2855 |
account shall be filed by | 2856 |
administrator. If no estate is commenced for a deceased fiduciary, | 2857 |
the deceased fiduciary's successor shall file the final account. | 2858 |
If | 2859 |
account shall be filed by | 2860 |
by law with winding up the affairs of | 2861 |
corporation.
| 2862 |
proceedings to be had as are provided by sections 2109.30 to | 2863 |
2109.36 | 2864 |
Whenever such a vacancy occurs and | 2865 |
not otherwise provided for by law or by the instrument creating | 2866 |
the trust | 2867 |
court shall, on its own motion or on the application of any person | 2868 |
beneficially interested, issue letters of appointment as fiduciary | 2869 |
to | 2870 |
to law and execute the trust to its proper termination.
| 2871 |
vacancy and the appointment of a successor fiduciary shall not | 2872 |
affect the liability of the former fiduciary or | 2873 |
fiduciary's sureties | 2874 |
Sec. 2109.302. (A) Every guardian or conservator shall | 2875 |
render an account of the administration of the ward's estate at | 2876 |
least once in each two years. The guardian or conservator shall | 2877 |
render an account at any time other than a time otherwise | 2878 |
mentioned in this section upon the order of the probate court | 2879 |
issued for good cause shown either at its own instance or upon the | 2880 |
motion of any person interested in the estate. Except as provided | 2881 |
in division (B) of this section, every guardian or conservator | 2882 |
shall render a final account within thirty days after completing | 2883 |
the administration of the ward's estate or within any other period | 2884 |
of time that the court may order. | 2885 |
Every account shall include an itemized statement of all | 2886 |
receipts of the guardian or conservator during the accounting | 2887 |
period and of all disbursements and distributions made by the | 2888 |
guardian or conservator during the accounting period. The itemized | 2889 |
disbursements and distributions shall be verified by vouchers or | 2890 |
proof, except in the case of an account rendered by a corporate | 2891 |
fiduciary subject to section 1111.28 of the Revised Code. In | 2892 |
addition, the account shall include an itemized statement of all | 2893 |
funds, assets, and investments of the estate known to or in the | 2894 |
possession of the guardian or conservator at the end of the | 2895 |
accounting period and shall show any changes in investments since | 2896 |
the last previous account. | 2897 |
Every account shall be upon the signature of the guardian or | 2898 |
conservator. When two or more guardians or conservators render an | 2899 |
account, the court may allow the account upon the signature of one | 2900 |
of the guardians or conservators. | 2901 |
Upon the filing of every account, the guardian or | 2902 |
conservator, except a corporate fiduciary subject to section | 2903 |
1111.28 of the Revised Code, shall exhibit to the court for its | 2904 |
examination both of the following: the securities shown in the | 2905 |
account as being in the | 2906 |
the guardian or conservator, or the certificate of the person in | 2907 |
possession of the securities, if held as collateral or pursuant to | 2908 |
section 2109.13 or 2131.21 of the Revised Code; and a passbook or | 2909 |
certified bank statement showing as to each depository the fund | 2910 |
deposited to the credit of the ward's estate. The court may | 2911 |
designate a deputy clerk, an agent of a corporate surety on the | 2912 |
bond of the guardian or conservator, or another suitable person | 2913 |
whom the court appoints as commissioner to make the examination | 2914 |
and to report the person's findings to the court. | 2915 |
securities are located outside the county, the court may appoint a | 2916 |
commissioner or request another probate court to make the | 2917 |
examination and to report its findings to the court. The court may | 2918 |
examine the guardian or conservator under oath concerning the | 2919 |
account. | 2920 |
| 2921 |
distribute the assets of the estate, in whole or in part, the | 2922 |
guardian or conservator may do so and include a report of the | 2923 |
distribution in the guardian's or conservator's succeeding | 2924 |
account. | 2925 |
(B)(1) The court may waive, by order, an account that | 2926 |
division (A) of this section requires of a guardian of the estate | 2927 |
or of a guardian of the person and estate, other than an account | 2928 |
made pursuant to court order, if any of the following | 2929 |
circumstances apply: | 2930 |
(a) The assets of the estate consist entirely of real | 2931 |
property. | 2932 |
(b) The assets of the estate consist entirely of personal | 2933 |
property, that property is held by a bank, savings and loan | 2934 |
association, or trust company in accordance with section 2109.13 | 2935 |
of the Revised Code, and the court has authorized expenditures of | 2936 |
not more than ten thousand dollars annually for the support, | 2937 |
maintenance, or, if applicable, education of the ward. | 2938 |
(c) The assets of the estate consist entirely of real | 2939 |
property and of personal property that is held by a bank, savings | 2940 |
and loan association, or trust company in accordance with section | 2941 |
2109.13 of the Revised Code, and the court has authorized | 2942 |
expenditures of not more than ten thousand dollars annually for | 2943 |
the support, maintenance, or, if applicable, education of the | 2944 |
ward. | 2945 |
(2) The order of a court entered pursuant to division (B)(1) | 2946 |
of this section is prima-facie evidence that a guardian of the | 2947 |
estate or a guardian of the person and estate has authority to | 2948 |
make expenditures as described in divisions (B)(1)(b) and (c) of | 2949 |
this section. | 2950 |
(3) Notwithstanding the requirements for accounts by other | 2951 |
guardians under this section, a guardian of the person is not | 2952 |
required to render an account except upon an order of the court | 2953 |
that the court issues for good cause shown either at its own | 2954 |
instance or upon the motion of any person interested in the | 2955 |
estate. | 2956 |
Sec. 2109.303. (A) Except as provided in division (B) of | 2957 |
this section, every testamentary trustee shall, and every other | 2958 |
fiduciary not subject to section 2109.301 or 2109.302 of the | 2959 |
Revised Code may, render an account of the trustee's or other | 2960 |
fiduciary's administration of the estate or trust at least once in | 2961 |
each two years. Any testamentary trustee or other fiduciary shall | 2962 |
render an account, subject to division (B) of this section, at any | 2963 |
time other than a time otherwise mentioned in this section upon an | 2964 |
order of the court issued for good cause shown either at its own | 2965 |
instance or upon the motion of any person interested in the estate | 2966 |
or trust. Every testamentary trustee shall, and every other | 2967 |
fiduciary may, render a final account within thirty days after | 2968 |
completing the administration of the estate or trust or shall file | 2969 |
a final account within any other period of time that the court may | 2970 |
order. | 2971 |
Every account shall include an itemized statement of all | 2972 |
receipts of the testamentary trustee or other fiduciary during the | 2973 |
accounting period and of all disbursements and distributions made | 2974 |
by the testamentary trustee or other fiduciary during the | 2975 |
accounting period. The itemized disbursements and distributions | 2976 |
shall be verified by vouchers or proof, except in the case of an | 2977 |
account rendered by a corporate fiduciary subject to section | 2978 |
1111.28 of the Revised Code. In addition, the account shall | 2979 |
include an itemized statement of all funds, assets, and | 2980 |
investments of the estate or trust known to or in the possession | 2981 |
of the testamentary trustee or other fiduciary at the end of the | 2982 |
accounting period and shall show any changes in investments since | 2983 |
the last previous account. The accounts of testamentary trustees | 2984 |
shall, and the accounts of other fiduciaries may, show receipts | 2985 |
and disbursements separately identified as to principal and | 2986 |
income. | 2987 |
Every account shall be upon the signature of the testamentary | 2988 |
trustee or other fiduciary. When two or more testamentary trustees | 2989 |
or other fiduciaries render an account, the court may allow the | 2990 |
account upon the signature of one of them. | 2991 |
Upon the filing of every account, the testamentary trustee or | 2992 |
other fiduciary, except a corporate fiduciary subject to section | 2993 |
1111.28 of the Revised Code, shall exhibit to the court for its | 2994 |
examination both of the following: the securities shown in the | 2995 |
account as being in the | 2996 |
the testamentary trustee or other fiduciary, or the certificate of | 2997 |
the person in possession of the securities, if held as collateral | 2998 |
or pursuant to section 2109.13 or 2131.21 of the Revised Code; and | 2999 |
a passbook or certified bank statement showing as to each | 3000 |
depository the fund deposited to the credit of the estate or | 3001 |
trust. The court may designate a deputy clerk, an agent of a | 3002 |
corporate surety on the bond of the testamentary trustee or other | 3003 |
fiduciary, or another suitable person whom the court appoints as | 3004 |
commissioner to make the examination and to report the person's | 3005 |
findings to the court.
| 3006 |
county, the court may appoint a commissioner or request another | 3007 |
probate court to make the examination and to report its findings | 3008 |
to the court. The court may examine the testamentary trustee or | 3009 |
other fiduciary under oath concerning the account. | 3010 |
| 3011 |
authorized by law or by the instrument governing distribution to | 3012 |
distribute the assets of the estate or trust, in whole or in part, | 3013 |
the testamentary trustee or other fiduciary may do so and include | 3014 |
a report of the distribution in the testamentary trustee's or | 3015 |
fiduciary's succeeding account. | 3016 |
(B) If the assets of a testamentary charitable trust are held | 3017 |
and managed by a testamentary trustee or other fiduciary who is an | 3018 |
individual or by a corporate fiduciary and if the trust merges | 3019 |
into a qualified community foundation, then, after the | 3020 |
testamentary trustee or other fiduciary files with the court a | 3021 |
final and distributive account pertaining to the trust and | 3022 |
activities up to the effective date of the merger, the | 3023 |
testamentary trustee or other fiduciary and any successors of the | 3024 |
testamentary trustee or other fiduciary shall not be required to | 3025 |
render any accounting to the court pertaining to the merged trust | 3026 |
and activities that follow the effective date of the merger. | 3027 |
(C) As used in this section: | 3028 |
(1) "Charitable trust" has the same meaning as in section | 3029 |
109.23 of the Revised Code. | 3030 |
(2) "Qualified community foundation" means any foundation | 3031 |
that is exempt from federal income taxation under sections | 3032 |
170(b)(1)(A)(vi) and 501(c)(3) of the "Internal Revenue Code of | 3033 |
1986," 100 Stat. 2085, 26 U.S.C. 170(b)(1)(A)(vi) and 501 (c)(3), | 3034 |
as amended; that is further described in section 1.170A-9(10) and | 3035 |
(11) of Title 26 of the Code of Federal Regulations, 26 C.F.R. | 3036 |
1.170A-9(10) and (11), as amended; and that publishes at least | 3037 |
annually and circulates widely within its community an audited | 3038 |
report of its fund balances, activities, and donors. | 3039 |
(3) "Testamentary charitable trust" means any charitable | 3040 |
trust that is created by a will. | 3041 |
(4) "Other fiduciary" means a fiduciary other than an | 3042 |
executor, administrator, guardian, conservator, or testamentary | 3043 |
trustee. | 3044 |
Sec. 2109.32. (A) Every fiduciary's account required by | 3045 |
section 2109.301, 2109.302, or 2109.303 of the Revised Code shall | 3046 |
be set for hearing before the probate court. The hearing on the | 3047 |
account shall be set not earlier than thirty days after the filing | 3048 |
of the account. | 3049 |
At the hearing upon an account required by section 2109.302 | 3050 |
or 2109.303 of the Revised Code and, if ordered by the court, upon | 3051 |
an account required by section 2109.301 of the Revised Code, the | 3052 |
court shall inquire into, consider, and determine all matters | 3053 |
relative to the account and the manner in which the fiduciary has | 3054 |
executed the fiduciary's trust, including the investment of trust | 3055 |
funds, and may order the account approved and settled or make any | 3056 |
other order | 3057 |
upon an account, the court finds that the fiduciary has fully and | 3058 |
lawfully administered the estate or trust and has distributed the | 3059 |
assets of the estate or trust in accordance with the law or the | 3060 |
instrument governing distribution, as shown in the account, the | 3061 |
court shall order the account approved and settled and may order | 3062 |
the fiduciary discharged. Upon approval of a final and | 3063 |
distributive account required by division (B)(1) of section | 3064 |
2109.301 of the Revised Code, the court may order the surety bond | 3065 |
for the fiduciary terminated. Unless otherwise ordered by the | 3066 |
court, the fiduciary shall be discharged without further order | 3067 |
twelve months following the approval of the final and distributive | 3068 |
account. | 3069 |
(B)(1) An administrator or executor filing an account | 3070 |
pursuant to section 2109.301 of the Revised Code shall provide at | 3071 |
the time of filing the account a copy of the account to each heir | 3072 |
of an intestate estate or to each beneficiary of a testate estate. | 3073 |
An administrator or executor is not required to provide a copy of | 3074 |
the account to any of the following: | 3075 |
(a) An heir or a beneficiary whose residence is unknown; | 3076 |
(b) A beneficiary of a specific bequest or devise who has | 3077 |
received | 3078 |
receipt has been filed or exhibited with the court. | 3079 |
(2) An administrator or executor filing an account pursuant | 3080 |
to section 2109.301 of the Revised Code shall file with the | 3081 |
probate court a certificate of service of account prior to or | 3082 |
simultaneously with the filing of the account. | 3083 |
(3) The probate court shall not approve the final account of | 3084 |
any executor or administrator until the following events have | 3085 |
occurred: | 3086 |
(a) Three months have passed since the death of the decedent. | 3087 |
(b) The surviving spouse has filed an election to take under | 3088 |
or against the will, or the time for making the election has | 3089 |
expired. | 3090 |
(4) If an administrator or executor learns of the existence | 3091 |
of newly discovered assets after the filing of the final account | 3092 |
or otherwise comes into possession of assets belonging to the | 3093 |
estate after the filing of the final account, the executor or | 3094 |
administrator shall file a supplemental final account with respect | 3095 |
to the disposition of the assets and shall provide a copy of the | 3096 |
supplemental final account to each heir of an intestate estate or | 3097 |
to each beneficiary of a testate estate, as provided in division | 3098 |
(B)(1) of this section and subject to the exceptions specified in | 3099 |
divisions (B)(1)(a) and (b) of this section. | 3100 |
(C) The rights of any person with a pecuniary interest in the | 3101 |
estate are not barred by approval of an account pursuant to | 3102 |
divisions (A) and (B) of this section. These rights may be barred | 3103 |
following a hearing on the account pursuant to section 2109.33 of | 3104 |
the Revised Code. | 3105 |
Sec. 2109.33. A fiduciary may serve notice of the hearing | 3106 |
upon | 3107 |
2109.32 of the Revised Code, or may cause the notice to be served, | 3108 |
upon any person who is interested in the estate or trust, | 3109 |
including creditors as the court may direct. The probate court, | 3110 |
after notice to the fiduciary upon the motion of any interested | 3111 |
person for good cause shown or at its own instance, may order that | 3112 |
a notice of the hearing is to be served upon persons the court | 3113 |
designates. | 3114 |
The notice shall be made by mail in addition to service by | 3115 |
publication, shall set forth the time and place of the hearing, | 3116 |
and shall specify the account to be considered and acted upon by | 3117 |
the court at the hearing and the period of time covered by the | 3118 |
account. It shall contain a statement to the effect that the | 3119 |
person notified is required to examine the account, to inquire | 3120 |
into the contents of the account and into all matters that may | 3121 |
come before the court at the hearing on the account, and to file | 3122 |
any exceptions that the person may have to the account at least | 3123 |
five days prior to the hearing on the account, and that upon | 3124 |
the person's failure to file exceptions, the account may be | 3125 |
approved without further notice. If the person to be notified was | 3126 |
not a party to the proceeding in which any prior account was | 3127 |
settled, the notice, for the purpose of barring any rights | 3128 |
possessed by that person, may include and specify the prior | 3129 |
accounts and the periods of time covered by them. In that event, | 3130 |
the notice shall inform the person notified that the approval of | 3131 |
the account filed most recently will terminate any rights | 3132 |
possessed by | 3133 |
prior account so specified, except as provided in section 2109.35 | 3134 |
of the Revised Code, and shall further inform the person that, | 3135 |
under penalty of losing those rights, | 3136 |
shall examine each prior account so specified, shall inquire into | 3137 |
its contents, and, if | 3138 |
to protect | 3139 |
respect to | 3140 |
The notice of the hearing upon an account shall be served at | 3141 |
least fifteen days prior to the hearing on the account. Any | 3142 |
competent person may waive service of notice and consent to the | 3143 |
approval of any account by the court. Waivers of service and | 3144 |
consents to approval shall be recorded with the account. | 3145 |
Any person interested in an estate or trust may file | 3146 |
exceptions to an account or to matters pertaining to the execution | 3147 |
of the trust. All exceptions shall be specific and written. | 3148 |
Exceptions shall be filed and a copy of them furnished to the | 3149 |
fiduciary by the exceptor, not less than five days prior to the | 3150 |
hearing on the account. The court for cause may allow further time | 3151 |
to file exceptions. If exceptions are filed to an account, the | 3152 |
court may allow further time for serving notice of the hearing | 3153 |
upon any person who may be affected by an order disposing of the | 3154 |
exceptions and who has not already been served with notice of the | 3155 |
hearing in accordance with this section. | 3156 |
A probate court, by local rule, may require that notice of | 3157 |
the hearing on a final account be given to all heirs in an | 3158 |
intestate estate and to all residuary beneficiaries in a testate | 3159 |
estate. | 3160 |
Any notice that is required or permitted by this section or | 3161 |
by any local rule adopted under authority of this section shall be | 3162 |
served, and any waiver of the right to receive any notice of those | 3163 |
types may be waived, in accordance with the Rules of Civil | 3164 |
Procedure. | 3165 |
Sec. 2109.34. If an interest in an estate or trust is or may | 3166 |
be possessed by persons who will compose a certain class upon the | 3167 |
happening of any future event, the unborn members of | 3168 |
class shall be | 3169 |
upon a fiduciary's account required by section 2109.32 of the | 3170 |
Revised Code, if any living member of the class is made a party to | 3171 |
3172 | |
appointed by the probate court. The unborn members of | 3173 |
class need not be served by publication. An order made in | 3174 |
the proceeding shall be binding upon all members of | 3175 |
class, except that | 3176 |
provided in section 2109.35 of the Revised Code. | 3177 |
If the beneficiaries, both present and future, of a | 3178 |
charitable trust are not represented by a trustee or an existing | 3179 |
corporation or other organization, they shall be represented in | 3180 |
any | 3181 |
3182 | |
Any order made in the proceeding shall be binding upon | 3183 |
beneficiaries, except for fraud. | 3184 |
Sec. 2109.35. The order of the probate court upon the | 3185 |
settlement of a fiduciary's account shall have the effect of a | 3186 |
judgment and may be vacated only as follows: | 3187 |
(A) The order may be vacated for fraud, upon motion of any | 3188 |
person affected by the order or upon the court's own order, if the | 3189 |
motion is filed or order is made within one year after discovery | 3190 |
of the existence of the fraud. Any person who is subject to any | 3191 |
legal disability may file the motion at any time within one year | 3192 |
after the removal of the legal disability or within one year after | 3193 |
3194 | |
later, or | 3195 |
so during the period of the legal disability. If the death of any | 3196 |
person occurs during the period within which | 3197 |
have filed the motion, | 3198 |
may file it within one year after the person's death. | 3199 |
(B) The order may be vacated for good cause shown, other than | 3200 |
fraud, upon motion of any person affected by the order who was not | 3201 |
a party to the proceeding in which the order was made and who had | 3202 |
no knowledge of the proceeding in time to appear in it; provided | 3203 |
that, if the account settled by the order is included and | 3204 |
specified in the notice to that person of the proceeding in which | 3205 |
a subsequent account is settled, the right of that person to | 3206 |
vacate the order shall terminate upon the settlement of the | 3207 |
subsequent account. A person affected by an order settling an | 3208 |
account shall be | 3209 |
proceeding in which the order was made if that person was served | 3210 |
with notice of the hearing on the account in accordance with | 3211 |
section 2109.33 of the Revised Code, waived that notice, consented | 3212 |
to the approval of the account, filed exceptions to the account, | 3213 |
or is bound by section 2109.34 of the Revised Code; but no person | 3214 |
in being who is under legal disability at the time of that | 3215 |
proceeding shall be
| 3216 |
proceeding unless | 3217 |
in section 2111.23 of the Revised Code. Neither the fiduciary nor | 3218 |
3219 | |
of the vacation of an order settling an account in accordance with | 3220 |
this division, if the motion to vacate the order is filed more | 3221 |
than three years following the settlement of the fiduciary's | 3222 |
account showing complete distribution of assets; but the | 3223 |
three-year period shall not affect the liability of any heir, | 3224 |
devisee, or distributee either before or after the expiration of | 3225 |
that period. | 3226 |
(C) The order may be vacated for good cause shown upon motion | 3227 |
of the fiduciary, if the motion is filed prior to the settlement | 3228 |
of the account showing that the fiduciary has fully discharged his | 3229 |
trust. | 3230 |
A motion to vacate an order settling an account shall set | 3231 |
forth the items of the account with respect to which complaint is | 3232 |
made and the reasons for complaining of those items. The person | 3233 |
filing a motion to vacate an order settling an account or another | 3234 |
person the court may designate shall cause notice of the hearing | 3235 |
on the motion to be served upon all interested parties who may be | 3236 |
adversely affected by an order of the court granting the motion. | 3237 |
An order settling an account shall not be vacated unless the | 3238 |
court determines that there is good cause for doing so, and the | 3239 |
burden of proving good cause shall be upon the complaining party. | 3240 |
The vacation of an order settling an account, made after | 3241 |
notice given in the manner provided in section 2109.33 of the | 3242 |
Revised Code, shall not affect the rights of a purchaser for value | 3243 |
in good faith, a lessee for value in good faith, or an | 3244 |
encumbrancer for value in good faith; provided that, if the | 3245 |
fiduciary has effected any such sale, lease, or encumbrance, any | 3246 |
person prejudiced by it may proceed, after vacation of the order, | 3247 |
against any distributee benefiting from the sale, lease, or | 3248 |
encumbrance to the extent of the amount received by that | 3249 |
distributee on distribution of the estate or trust, or if any | 3250 |
heir, devisee, or distributee has effected any such sale, lease, | 3251 |
or encumbrance, any person prejudiced by it may proceed, after the | 3252 |
vacation of the order, against that heir, devisee, or distributee, | 3253 |
to the extent of the value at the time of alienation of the | 3254 |
property aliened by | 3255 |
Sec. 2109.36. An application for an order of distribution of | 3256 |
the assets of an estate or trust held by a fiduciary may be set | 3257 |
for hearing before the probate court at | 3258 |
court shall designate. The fiduciary may serve notice of the | 3259 |
hearing upon | 3260 |
served, upon any person who may be affected by an order disposing | 3261 |
3262 | |
interested person for good cause shown or at its own instance, may | 3263 |
order | 3264 |
The notice shall set forth the time and place of the hearing and | 3265 |
shall be accompanied by a statement of the proposed distribution. | 3266 |
At the hearing upon the application the court shall inquire into, | 3267 |
consider, and determine all matters relative | 3268 |
application, and make | 3269 |
considers proper. If the court makes an order of distribution, the | 3270 |
fiduciary shall comply | 3271 |
to the court for | 3272 |
vouchers or proof. An order of distribution shall have the effect | 3273 |
of a judgment. | 3274 |
be vacated as provided in section 2109.35 of the Revised Code. | 3275 |
Sec. 2109.361. (A) As used in this section, "third-party | 3276 |
distribution" means the distribution by a fiduciary of an estate | 3277 |
or trust of the assets of that estate or trust when both of the | 3278 |
following apply: | 3279 |
(1) The fiduciary makes the distribution to either of the | 3280 |
following persons: | 3281 |
(a) The transferee of a beneficiary; | 3282 |
(b) Any person pursuant to an agreement, request, or | 3283 |
instruction of a beneficiary or pursuant to a legal claim against | 3284 |
a beneficiary. | 3285 |
(2) The distribution is the subject of an agreement between a | 3286 |
beneficiary and any person that requires the fiduciary or | 3287 |
beneficiary to pay a percentage of an inheritance or a dollar | 3288 |
amount to any person other than the beneficiary. | 3289 |
(B) Prior to making a third-party distribution, the affected | 3290 |
beneficiary or the affected beneficiary's guardian or other legal | 3291 |
representative of the beneficiary may file an application for the | 3292 |
approval of a third-party distribution with the probate court. An | 3293 |
application filed pursuant to this division shall identify the | 3294 |
person to whom the third-party distribution is to be made, | 3295 |
disclose the basis for making the third-party distribution, and | 3296 |
include a copy of any written agreement between the affected | 3297 |
beneficiary and the person to whom the third-party distribution is | 3298 |
to be made. | 3299 |
(C) The probate court shall hold a hearing on an application | 3300 |
filed under division (B) of this section. The applicant shall | 3301 |
serve notice of the hearing on all interested parties at least | 3302 |
fifteen days prior to the hearing in accordance with Civil Rule | 3303 |
73. An interested party may waive notice of the hearing in | 3304 |
accordance with Civil Rule 73. | 3305 |
(D) The probate court may approve the third-party | 3306 |
distribution in whole or in part, as the court determines is just | 3307 |
and equitable. To the extent that the application is approved, the | 3308 |
court shall determine whether the third-party distribution is | 3309 |
properly charged solely against the beneficiary's share of the | 3310 |
estate or trust or whether some or all of the third-party | 3311 |
distribution is properly charged against the residue of the | 3312 |
affected estate or trust. The court may consider any relevant | 3313 |
factors in evaluating the application, including, but not limited | 3314 |
to, any of the following: | 3315 |
(1) The amount or percentage of the affected beneficiary's | 3316 |
share that would be the subject of the proposed third-party | 3317 |
distribution measured against the reasonable value of any | 3318 |
assets or services the person to whom the third-party distribution | 3319 |
would be made provided to the beneficiary or to the estate or | 3320 |
trust; | 3321 |
(2) Whether the agreement, request, or instructions of the | 3322 |
affected beneficiary were procured by duress, fraud, | 3323 |
misrepresentation, undue influence, or other unfair means; | 3324 |
(3) Whether the amount of the proposed third-party | 3325 |
distribution is fixed or contingent under the terms of the | 3326 |
agreement between the affected beneficiary and the recipient of | 3327 |
the proposed third-party distribution; | 3328 |
(4) Whether the beneficiary was represented by an attorney | 3329 |
during the pendency of the probate action, or the beneficiary | 3330 |
authorized the recipient of the proposed third-party distribution | 3331 |
to retain an attorney who is licensed to practice law in Ohio for | 3332 |
the beneficiary to formally represent the beneficiary in any | 3333 |
proceeding regarding the decedent's estate, and the recipient of | 3334 |
the proposed third-party distribution is responsible for paying | 3335 |
the attorney's fees; | 3336 |
(5) The extent, if any, to which the recipient of the | 3337 |
proposed third-party distribution incurred expenses in connection | 3338 |
with the services provided to the affected beneficiary, estate, or | 3339 |
trust; | 3340 |
(6) Whether the beneficiary was required to advance any | 3341 |
payments for fees or expenses to the recipient of the proposed | 3342 |
third-party distribution. | 3343 |
(E) Division (D)(4) of this section does not prohibit the | 3344 |
beneficiary from retaining the beneficiary's own legal counsel. | 3345 |
(F) This section does not apply to third-party distributions | 3346 |
to an attorney who represents a beneficiary and does not affect | 3347 |
any other provision of law regarding the compensation of | 3348 |
attorneys. | 3349 |
Sec. 2109.37. (A) Except as otherwise provided by law, | 3350 |
including division (D) of this section, or by the instrument | 3351 |
creating the trust, a fiduciary having funds belonging to a trust | 3352 |
3353 |
(1) Bonds or other obligations of the United States or of | 3354 |
this state; | 3355 |
(2) Bonds or other interest-bearing obligations of any | 3356 |
county, municipal corporation, school district, or other legally | 3357 |
constituted political taxing subdivision within the state, | 3358 |
provided that | 3359 |
district, or other subdivision has not defaulted in the payment of | 3360 |
the interest on any of its bonds or interest-bearing obligations, | 3361 |
for more than one hundred twenty days during the ten years | 3362 |
immediately preceding the investment by the fiduciary in the bonds | 3363 |
or other obligations, and provided that | 3364 |
corporation, school district, or other subdivision, is not, at the | 3365 |
time of the investment, in default in the payment of principal or | 3366 |
interest on any of its bonds or other interest-bearing | 3367 |
obligations; | 3368 |
(3) Bonds or other interest-bearing obligations of any other | 3369 |
state of the United States which, within twenty years prior to the | 3370 |
making of | 3371 |
ninety days in the payment of principal or interest on any of its | 3372 |
bonds or other interest-bearing obligations; | 3373 |
(4) Any bonds issued by or for federal land banks and any | 3374 |
debentures issued by or for federal intermediate credit banks | 3375 |
under the "Federal Farm Loan Act of 1916," 39 Stat. 360, 12 | 3376 |
U.S.C.A. 641, as amended; or any debentures issued by or for banks | 3377 |
for cooperatives under the "Farm Credit Act of 1933," 48 Stat. | 3378 |
257, 12 U.S.C.A. 131, as amended; | 3379 |
(5) Notes | 3380 |
real
| 3381 |
improved by a unit designed principally for residential use for | 3382 |
not more than four families or by a combination of | 3383 |
dwelling unit and business property, the area designed or used for | 3384 |
nonresidential purposes not to exceed fifty per cent of the total | 3385 |
floor area; (b) secured by a first mortgage on real | 3386 |
property held in fee and located in the state, improved with a | 3387 |
building designed for residential use for more than four families | 3388 |
or with a building used primarily for business purposes, if the | 3389 |
unpaid principal of the notes secured by | 3390 |
not exceed ten per cent of the value of the estate or trust or | 3391 |
does not exceed five thousand dollars, whichever is greater; or | 3392 |
(c) secured by a first mortgage on an improved farm held in fee | 3393 |
and located in the state, provided that | 3394 |
that the buildings on the mortgaged property shall be well insured | 3395 |
against loss by fire, and so kept, for the benefit of the | 3396 |
mortgagee, until the debt is paid, and provided that the unpaid | 3397 |
principal of the notes secured by the mortgage shall not exceed | 3398 |
fifty per cent of the fair value of the mortgaged real | 3399 |
property at the time the investment is made, and the notes shall | 3400 |
be payable not more than five years after the date on which the | 3401 |
investment in them is made; except that the unpaid principal of | 3402 |
the notes may equal sixty per cent of the fair value of the | 3403 |
mortgaged real | 3404 |
and may be payable over a period of fifteen years following the | 3405 |
date of the investment by the fiduciary if regular installment | 3406 |
payments are required sufficient to amortize four per cent or more | 3407 |
of the principal of the outstanding notes per annum and if the | 3408 |
unpaid principal and interest become due and payable at the option | 3409 |
of the holder upon any default in the payment of any installment | 3410 |
of interest or principal upon the notes, or of taxes, assessments, | 3411 |
or insurance premiums upon the mortgaged premises or upon the | 3412 |
failure to cure any such default within any grace period provided | 3413 |
3414 |
(6) Life, endowment, or annuity contracts of legal reserve | 3415 |
life insurance companies regulated by sections 3907.01 to 3907.21, | 3416 |
3909.01 to 3909.17, 3911.01 to 3911.24, 3913.01 to 3913.10, | 3417 |
3915.01 to 3915.15, and 3917.01 to 3917.05 of the Revised Code, | 3418 |
and licensed by the superintendent of insurance to transact | 3419 |
business within the state, provided that the purchase of contracts | 3420 |
authorized by this division shall be limited to executors or the | 3421 |
successors to their powers when specifically authorized by will | 3422 |
and to guardians and trustees, which contracts may be issued on | 3423 |
the life of a ward, a beneficiary of a trust fund, or according to | 3424 |
a will, or upon the life of a person in whom | 3425 |
beneficiary has an insurable interest and the contracts shall be | 3426 |
drawn by the insuring company so that the proceeds shall be the | 3427 |
sole property of the person whose funds are so invested; | 3428 |
(7) Notes or bonds secured by mortgages and insured by the | 3429 |
federal housing administrator or debentures issued by | 3430 |
administrator; | 3431 |
(8) Obligations issued by a federal home loan bank created | 3432 |
under the "Federal Home Loan Bank Act of 1932," 47 Stat. 725, 12 | 3433 |
U.S.C.A. 1421, as amended; | 3434 |
(9) Shares and certificates or other evidences of deposits | 3435 |
issued by a federal savings and loan association organized and | 3436 |
incorporated under the "Home Owners' Loan Act of 1933," 48 Stat. | 3437 |
128, 12 U.S.C.A. 1461, as amended, to the extent and only to the | 3438 |
extent that those shares or certificates or other evidences of | 3439 |
deposits are insured pursuant to the "Financial Institutions | 3440 |
Reform, Recovery, and Enforcement Act of 1989," 103 Stat. 183, 12 | 3441 |
U.S.C.A. 1811, as amended; | 3442 |
(10) Bonds issued by the home owners' loan corporation | 3443 |
created under the "Home Owners' Act of 1933," 48 Stat. 128, 12 | 3444 |
U.S.C.A. 1461, as amended; | 3445 |
(11) Obligations issued by the national mortgage association | 3446 |
created under the "National Housing Act," 48 Stat. 1246 (1934), 12 | 3447 |
U.S.C.A. 1701, as amended; | 3448 |
(12) Shares and certificates or other evidences of deposits | 3449 |
issued by a domestic savings and loan association organized under | 3450 |
the laws of the state, which association has obtained insurance of | 3451 |
accounts pursuant to the "Financial Institutions Reform, Recovery, | 3452 |
and Enforcement Act of 1989," 103 Stat. 183, 12 U.S.C.A. 1811, as | 3453 |
amended, or as may be otherwise provided by law, only to the | 3454 |
extent that | 3455 |
act, as amended; | 3456 |
(13) Shares and certificates or other evidences of deposits | 3457 |
issued by a domestic savings and loan association organized under | 3458 |
the laws of the state, provided that no fiduciary may invest | 3459 |
the deposits except with the approval of the probate court, and | 3460 |
then in an amount not to exceed the amount | 3461 |
fiduciary is permitted to invest under division (A)(12) of this | 3462 |
section; | 3463 |
(14) In savings accounts in, or certificates or other | 3464 |
evidences of deposits issued by, a national bank located in the | 3465 |
state or a state bank located in and organized under the laws of | 3466 |
the state or a state credit union located and organized under the | 3467 |
laws of the state or a federal credit union located in the state | 3468 |
by depositing the funds in the bank or credit union, and | 3469 |
national or state bank or the federal or state credit union when | 3470 |
itself acting in a fiduciary capacity may deposit the funds in | 3471 |
savings accounts in, or certificates or other evidences of | 3472 |
deposits issued by, its own savings department or any bank | 3473 |
subsidiary corporation owned or controlled by the bank holding | 3474 |
company that owns or controls | 3475 |
provided that no deposit shall be made by any fiduciary, | 3476 |
individual | 3477 |
bank are insured by the federal deposit insurance corporation | 3478 |
created under the "Federal Deposit Insurance Corporation Act of | 3479 |
1933," 48 Stat. 162, 12 U.S.C. 264, as amended, or provided that | 3480 |
no deposit shall be made by any fiduciary, individual or | 3481 |
corporate, unless the deposits of the depository credit union are | 3482 |
insured by the national credit union administration created under | 3483 |
the "Federal Credit Union Act of 1934," 48 Stat. 1216, 12 U.S.C. | 3484 |
1751, as amended, or the deposits of the depository credit union | 3485 |
are insured by a share guaranty corporation as defined in Chapter | 3486 |
1761. of the Revised Code, and provided that the deposit of the | 3487 |
funds of any one trust in | 3488 |
certificates or other evidences of deposits issued by, any one | 3489 |
bank or credit union shall not exceed the sum insured under | 3490 |
3491 | |
Code; | 3492 |
(15) Obligations consisting of notes, bonds, debentures, or | 3493 |
equipment trust certificates issued under an indenture | 3494 |
are the direct obligations, or in the case of equipment trust | 3495 |
certificates are secured by direct obligations, of a railroad or | 3496 |
industrial corporation, or a corporation engaged directly and | 3497 |
primarily in the production, transportation, distribution, or sale | 3498 |
of electricity or gas, or the operation of telephone or telegraph | 3499 |
systems or waterworks, or in some combination of them; provided | 3500 |
that the obligor corporation is one | 3501 |
under the laws of the United States, any state, | 3502 |
Columbia, or foreign government, and the obligations are rated at | 3503 |
the time of purchase in the highest or next highest classification | 3504 |
established by at least two standard rating services selected from | 3505 |
a list of the standard rating services | 3506 |
prescribed by the superintendent of financial institutions; | 3507 |
provided that every such list shall be certified by the | 3508 |
superintendent to the clerk of each probate court in the state, | 3509 |
and shall continue in effect until a different list is prescribed | 3510 |
and certified as provided in this division; | 3511 |
(16) Obligations issued, assumed, or guaranteed by the | 3512 |
international finance corporation or by the international bank for | 3513 |
reconstruction and development, the Asian development bank, the | 3514 |
inter-American development bank, the African development bank, or | 3515 |
other similar development bank in which the president, as | 3516 |
authorized by congress and on behalf of the United States, has | 3517 |
accepted membership, provided that the obligations are rated at | 3518 |
the time of purchase in the highest or next highest classification | 3519 |
established by at least one standard rating service selected from | 3520 |
a list of standard rating services
| 3521 |
by the superintendent of financial institutions; | 3522 |
(17) Securities of any investment company, as defined in and | 3523 |
registered under sections 3 and 8 of the "Investment Company Act | 3524 |
of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3 and 80a-8, that are | 3525 |
invested exclusively in forms of investment or in instruments that | 3526 |
are fully collateralized by forms of investment in which the | 3527 |
fiduciary is permitted to invest pursuant to divisions (A)(1) to | 3528 |
(16) of this section, provided that, in addition to | 3529 |
forms of investment, the investment company may, for the purpose | 3530 |
of reducing risk of loss or of stabilizing investment returns, | 3531 |
engage in hedging transactions. | 3532 |
(B) No administrator or executor may invest funds belonging | 3533 |
to an estate in any asset other than a direct obligation of the | 3534 |
United States that has a maturity date not exceeding one year from | 3535 |
the date of investment, or other than in a short-term investment | 3536 |
fund that is invested exclusively in obligations of the United | 3537 |
States or of its agencies, or primarily in | 3538 |
and otherwise only in variable demand notes, corporate money | 3539 |
market instruments including, but not limited to, commercial | 3540 |
paper, or fully collateralized repurchase agreements or other | 3541 |
evidences of indebtedness that are payable on demand or generally | 3542 |
have a maturity date not exceeding ninety-one days from the date | 3543 |
of investment, except with the approval of the probate court or | 3544 |
with the permission of the instruments creating the trust. | 3545 |
(C)(1) In addition to the investments allowed by this | 3546 |
section, a guardian or trustee, with the approval of the court, | 3547 |
may invest funds belonging to the trust in productive real | 3548 |
property located within the state, provided that neither the | 3549 |
guardian nor the trustee nor any member of the family of either | 3550 |
has any interest in | 3551 |
proceeds of the purchase price. The title to any real | 3552 |
property so purchased by a guardian
| 3553 |
name of the ward. | 3554 |
(2) Notwithstanding the provisions of division (C)(1) of this | 3555 |
section, the court may permit the funds to be used to purchase or | 3556 |
acquire a home for the ward or an interest in a home for the ward | 3557 |
in which a member of the ward's family may have an interest. After | 3558 |
the filing of the petition by a guardian or a conservator for | 3559 |
authority to purchase or acquire a home for the ward or an | 3560 |
interest in a home for the ward in which a member of the ward's | 3561 |
family may have an interest, the matter shall be set for a hearing | 3562 |
before the probate court. | 3563 |
(D) If the fiduciary is a trustee appointed by and | 3564 |
accountable to the probate court, the fiduciary shall invest the | 3565 |
trust's assets pursuant to the requirements and standards set | 3566 |
forth in the Ohio Uniform Prudent Investor Act. | 3567 |
Sec. 2109.371. (A) In addition to those investments made | 3568 |
eligible by section 2109.37 or 2109.372 of the Revised Code, | 3569 |
investments may be made by a fiduciary other than a guardian under | 3570 |
sections 5905.01 to 5905.19 of the Revised Code, and subject to | 3571 |
the restriction placed on an administrator or executor by division | 3572 |
(B) of section 2109.37 of the Revised Code, in any of the | 3573 |
following kinds and classes of securities, provided that it may be | 3574 |
lawfully sold in Ohio and investment is made only in | 3575 |
securities | 3576 |
discretion and intelligence in | 3577 |
a reasonable income and the preservation of their capital: | 3578 |
(1) Securities of corporations organized and existing under | 3579 |
the laws of the United States, the District of Columbia, | 3580 |
state of the United States, or any foreign government or state, | 3581 |
including, but not limited to, bonds, debentures, notes, equipment | 3582 |
trust obligations, or other evidences of indebtedness, and shares | 3583 |
of common and preferred stocks of | 3584 |
(2) Subject to division (C) of this section, collective | 3585 |
investment funds established in accordance with section 1111.14 of | 3586 |
the Revised Code or securities of any investment company, | 3587 |
including any affiliated investment company, whether or not the | 3588 |
fiduciary has invested other funds held by it in an agency or | 3589 |
other nonfiduciary capacity in the securities of the same | 3590 |
investment company or affiliated investment company. | 3591 |
investments may be made regardless of the eligibility of the | 3592 |
underlying assets held by the fund portfolios of the investment | 3593 |
company. | 3594 |
(3) Bonds or other interest-bearing obligations of any state | 3595 |
or territory of the United States, or of any county, city, | 3596 |
village, school district, or other legally constituted political | 3597 |
taxing subdivision of any state or territory of the United States, | 3598 |
not otherwise eligible under division (A)(2) or (3) of section | 3599 |
2109.37 of the Revised Code, or of any foreign government; | 3600 |
(4) Debt or equity securities of foreign corporations that | 3601 |
trade on recognized United States domiciled exchanges. | 3602 |
(B) No investment shall be made pursuant to this section | 3603 |
3604 | |
aggregate market value of the investments, not made eligible by | 3605 |
section 2109.37 or 2109.372 of the Revised Code, to exceed sixty | 3606 |
per cent of the aggregate market value at that time of all the | 3607 |
property of the fund held by the fiduciary. No sale or other | 3608 |
liquidation of any investment shall be required solely because of | 3609 |
any change in the relative market value of those investments made | 3610 |
eligible by this section and those made eligible by section | 3611 |
2109.37 or 2109.372 of the Revised Code; provided that, in the | 3612 |
event of a sale of investments authorized by this section, the | 3613 |
proceeds from the sale may be reinvested in the kinds and classes | 3614 |
of securities authorized by this section without regard to the | 3615 |
percentage limitation provided in this division. In determining | 3616 |
the aggregate market value of the property of a fund and the | 3617 |
percentage of a fund to be invested under this section, a | 3618 |
fiduciary may rely upon published market quotations as to those | 3619 |
investments for which | 3620 |
upon | 3621 |
fiduciary's best judgment, seem fair and reasonable according to | 3622 |
available information. | 3623 |
(C)(1)(a) A fiduciary making an investment of trust funds in | 3624 |
securities of an affiliated investment company, or a bank | 3625 |
subsidiary corporation or other corporation owned or controlled by | 3626 |
the bank holding company that owns or controls the fiduciary, may | 3627 |
charge a reasonable fee for investment advisory, brokerage, | 3628 |
transfer agency, registrar, management, or other similar services | 3629 |
provided to an affiliated investment company. The fee may be in | 3630 |
addition to the compensation to which the fiduciary is otherwise | 3631 |
entitled to receive from the trust, provided that the fee is | 3632 |
charged as a percentage of either asset value or income earned or | 3633 |
actual amount charged and is disclosed at least annually by | 3634 |
prospectus, account statement, or any other written means to all | 3635 |
persons entitled to receive statements of account activity. The | 3636 |
fiduciary shall disclose the relationship between the fiduciary | 3637 |
and the affiliated investment company, at least annually by | 3638 |
account statement, whether or not the fee is charged. | 3639 |
(b) A fiduciary making an investment of trust funds in | 3640 |
securities of an affiliated investment company pursuant to | 3641 |
division (A)(2) of this section shall, when providing any periodic | 3642 |
account statements to the trust fund, report the net asset value | 3643 |
of the shares comprising the investment of the trust funds in the | 3644 |
affiliated investment company. | 3645 |
(c) If a fiduciary making an investment of trust funds in | 3646 |
securities of an affiliated investment company pursuant to | 3647 |
division (A)(2) of this section invests | 3648 |
mutual fund, the fiduciary shall disclose, in at least ten-point | 3649 |
boldface type, by prospectus, account statement, or any other | 3650 |
written means to all persons entitled to receive statements of | 3651 |
account activity, that the mutual fund is not insured or | 3652 |
guaranteed by the federal deposit insurance corporation or by any | 3653 |
other government-sponsored agency of the federal government or of | 3654 |
this state. | 3655 |
(2) Unless the investment of trust funds in securities of an | 3656 |
affiliated investment company can be made under the terms of the | 3657 |
instrument creating the trust, an exception to the investment of | 3658 |
trust funds in securities of an affiliated investment company may | 3659 |
be filed with the probate court. Any exception filed pursuant to | 3660 |
this division | 3661 |
the time the exception is filed, be permitted to file an exception | 3662 |
to an account pursuant to section 2109.33 of the Revised Code and | 3663 |
3664 | |
current investment of trust funds in securities of an affiliated | 3665 |
investment company be terminated within a reasonable time. If the | 3666 |
probate court determines that the exception complies with the | 3667 |
requirements of this division, the probate court shall establish a | 3668 |
schedule for disposing of any current investments in securities of | 3669 |
an affiliated investment company, and the fiduciary shall cause | 3670 |
the trust to dispose of the investments in accordance with the | 3671 |
schedule. The fiduciary shall not be liable for any loss incurred | 3672 |
by the trust as a result of complying with division (C)(2) of this | 3673 |
section. | 3674 |
(D) As used in this section, "affiliated investment company" | 3675 |
and "reasonable fee" have the same meanings as in division (E) of | 3676 |
section 1111.13 of the Revised Code. | 3677 |
Sec. 2109.372. (A) As used in this section: | 3678 |
(1) "Short term trust-quality investment fund" means a short | 3679 |
term investment fund that meets both of the following conditions: | 3680 |
(a) The fund may be either a collective investment fund | 3681 |
established in accordance with section 1111.14 of the Revised Code | 3682 |
or a registered investment company, including any affiliated | 3683 |
investment company whether or not the fiduciary has invested other | 3684 |
funds held by it in an agency or other nonfiduciary capacity in | 3685 |
the securities of the same registered investment company or | 3686 |
affiliated investment company. | 3687 |
(b) The fund is invested in any one or more of the following | 3688 |
manners: | 3689 |
(i) In obligations of the United States or of its agencies; | 3690 |
(ii) In obligations of one or more of the states of the | 3691 |
United States or their political subdivisions; | 3692 |
(iii) In obligations of foreign governments or states; | 3693 |
(iv) In variable demand notes, corporate money market | 3694 |
instruments including, but not limited to, commercial paper rated | 3695 |
at the time of purchase in either of the two highest | 3696 |
classifications established by at least one nationally recognized | 3697 |
standard rating service; | 3698 |
| 3699 |
associations, whose deposits are insured by the federal deposit | 3700 |
insurance corporation, or in credit unions insured by the national | 3701 |
credit union administration or by a credit union share guaranty | 3702 |
corporation established under Chapter 1761. of the Revised Code, | 3703 |
if the rate of interest paid on | 3704 |
equal to the rate of interest generally paid by | 3705 |
savings banks, savings and loan associations, or credit unions on | 3706 |
deposits of similar terms or amounts; | 3707 |
| 3708 |
other evidences of indebtedness that are of trust quality and are | 3709 |
payable on demand or have a maturity date consistent with the | 3710 |
purpose of the fund and the duty of fiduciary prudence. | 3711 |
(2) "Registered investment company" means any investment | 3712 |
company that is defined in and registered under sections 3 and 8 | 3713 |
of the "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. | 3714 |
80a-3 and 80a-8. | 3715 |
(3) "Affiliated investment company" has the same meaning as | 3716 |
in division (E)(1) of section 1111.13 of the Revised Code. | 3717 |
(B) A fiduciary is not required to invest cash that belongs | 3718 |
to the trust and may hold that cash for the period prior to | 3719 |
distribution if either of the following applies: | 3720 |
(1) The fiduciary reasonably expects to do either of the | 3721 |
following: | 3722 |
(a) Distribute the cash to beneficiaries of the trust on a | 3723 |
quarterly or more frequent basis; | 3724 |
(b) Use the cash for the payment of debts, taxes, or expenses | 3725 |
of administration within the ninety-day period following the | 3726 |
receipt of the cash by the fiduciary. | 3727 |
(2) Determined on the basis of the facilities available to | 3728 |
the fiduciary and the amount of the income that reasonably could | 3729 |
be earned by the investment of the cash, the amount of the cash | 3730 |
does not justify the administrative burden or expense associated | 3731 |
with its investment. | 3732 |
(C) If a fiduciary wishes to hold funds that belong to the | 3733 |
trust in liquid form and division (B) of this section does not | 3734 |
apply, the fiduciary may so hold the funds as long as they are | 3735 |
temporarily invested as described in division (D) of this section. | 3736 |
(D)(1) A fiduciary may make a temporary investment of cash | 3737 |
that the fiduciary may hold uninvested in accordance with division | 3738 |
(B) of this section, and shall make a temporary investment of | 3739 |
funds held in liquid form pursuant to division (C) of this | 3740 |
section, in any of the following investments, unless the governing | 3741 |
instrument provides for other investments in which the temporary | 3742 |
investment of cash or funds is permitted: | 3743 |
(a) A short term trust-quality investment fund; | 3744 |
(b) Direct obligations of the United States or of its | 3745 |
agencies; | 3746 |
(c) Obligations of foreign governments or states; | 3747 |
(d) A deposit with a bank, savings bank, savings and loan | 3748 |
association, or credit union, including a deposit with the | 3749 |
fiduciary itself or any bank subsidiary corporation owned or | 3750 |
controlled by the bank holding company that owns or controls the | 3751 |
fiduciary, whose deposits are insured by the federal deposit | 3752 |
insurance corporation, if the rate of interest paid on that | 3753 |
deposit is at least equal to the rate of interest generally paid | 3754 |
by that bank, savings bank, savings and loan association, or | 3755 |
credit union on deposits of similar terms or amounts. | 3756 |
(2) A fiduciary that makes a temporary investment of cash or | 3757 |
funds pursuant to division (D)(1) of this section may charge a | 3758 |
reasonable fee for the services associated with that investment. | 3759 |
The fee shall be in addition to the compensation to which the | 3760 |
fiduciary is entitled for ordinary fiduciary services. | 3761 |
(3) Fiduciaries that make one or more temporary investments | 3762 |
of cash or funds pursuant to division (D)(1) of this section shall | 3763 |
provide to the beneficiaries of the trusts involved, that are | 3764 |
currently receiving income or have a right to receive income, a | 3765 |
written disclosure of their temporary investment practices and, if | 3766 |
applicable, the method of computing reasonable fees for their | 3767 |
temporary investment services pursuant to division (D)(2) of this | 3768 |
section. Fiduciaries may comply with this requirement in any | 3769 |
appropriate written document, including, but not limited to, any | 3770 |
periodic statement or account. | 3771 |
(4) A fiduciary that makes a temporary investment of cash or | 3772 |
funds in an affiliated investment company pursuant to division | 3773 |
(D)(1)(a) of this section shall, when providing any periodic | 3774 |
account statements of its temporary investment practices, report | 3775 |
the net asset value of the shares comprising the investment in the | 3776 |
affiliated investment company. | 3777 |
(5) If a fiduciary that makes a temporary investment of cash | 3778 |
or funds in an affiliated investment company pursuant to division | 3779 |
(D)(1)(a) of this section invests in any mutual fund, the | 3780 |
fiduciary shall provide to the beneficiaries of the trust | 3781 |
involved, that are currently receiving income or have a right to | 3782 |
receive income, a written disclosure, in at least ten-point | 3783 |
boldface type, that the mutual fund is not insured or guaranteed | 3784 |
by the federal deposit insurance corporation or by any other | 3785 |
government agency or government-sponsored agency of the federal | 3786 |
government or of this state. | 3787 |
Sec. 2109.38. Sections 2109.37, 2109.371, and 2109.372 of | 3788 |
the Revised Code do not prohibit a fiduciary from retaining any | 3789 |
part of a trust estate as received by | 3790 |
though | 3791 |
to fiduciaries, or from retaining any investment made by | 3792 |
fiduciary after | 3793 |
exceeds the percentage permitted by law, provided the | 3794 |
circumstances are not such as to require the fiduciary to dispose | 3795 |
of | 3796 |
duties. | 3797 |
Sec. 2109.39. A fiduciary entitled to a distributive share | 3798 |
of the assets of an estate or trust has the same right as other | 3799 |
beneficiaries to accept or demand distribution in kind and may | 3800 |
retain any security or investment so distributed to | 3801 |
fiduciary as though it were a part of the original estate received | 3802 |
by | 3803 |
Sec. 2109.40. Unless the instrument creating a trust | 3804 |
forbids, a fiduciary may do all of the things | 3805 |
individual holder might do with respect to securities held by | 3806 |
the fiduciary, including the exercise or sale of subscription | 3807 |
rights, the acceptance of new stock in the same corporation in | 3808 |
place of the stock held, or in the event of reorganization, sale, | 3809 |
or merger in a different corporation, and with the approval of the | 3810 |
probate court, the investment of additional funds | 3811 |
required of all shareholders participating in a reorganization. | 3812 |
Sec. 2109.42. Subject to section 2109.372 of the Revised | 3813 |
Code, a fiduciary who has funds belonging to a trust | 3814 |
are not required for payment of current obligations of | 3815 |
fiduciary's trust or distribution shall, unless otherwise ordered | 3816 |
by the probate court, invest | 3817 |
time according to section 2109.37 or 2109.371 of the Revised Code. | 3818 |
On failure to do so, | 3819 |
for
| 3820 |
due to | 3821 |
Sec. 2109.43. No fiduciary shall make any personal use of | 3822 |
the funds or property belonging to a trust. For a violation of | 3823 |
this section, | 3824 |
shall be liable in an action for any loss occasioned by | 3825 |
use and for | 3826 |
exceeding the amount of the loss occasioned by | 3827 |
that may be fixed by the probate court hearing | 3828 |
Those amounts shall be payable for the benefit of the beneficiary, | 3829 |
if living, and to | 3830 |
beneficiary is deceased. In addition to the penalties under this | 3831 |
section, the court may remove the fiduciary pursuant to section | 3832 |
2109.24 of the Revised Code for fraudulent conduct or dereliction | 3833 |
of duty related to the fiduciary's personal use or misuse of funds | 3834 |
or property belonging to a trust. However, if all interested | 3835 |
persons consent to the fiduciary's use of the property in a signed | 3836 |
writing filed with the probate court, the fiduciary may make | 3837 |
personal use of property belonging to the trust. | 3838 |
An action under this section shall be brought not later than | 3839 |
one year after the termination of the trust or the discovery of | 3840 |
3841 |
It is within the court's discretion, upon application, notice | 3842 |
to interested persons, and a hearing, to allow the personal use of | 3843 |
trust property by the fiduciary. | 3844 |
Sec. 2109.44. (A) Fiduciaries shall not buy from or sell to | 3845 |
themselves and shall not have in their individual capacities any | 3846 |
dealings with the estate, except as expressly authorized by the | 3847 |
instrument creating the trust and then only | 3848 |
the approval of the probate court in each instance. No corporate | 3849 |
fiduciary, | 3850 |
that is not subject to examination or regulatory oversight by the | 3851 |
superintendent of financial institutions, the comptroller of the | 3852 |
currency, or the office of thrift supervision shall be permitted | 3853 |
to deal with the estate, any power in the instrument creating the | 3854 |
trust to the contrary notwithstanding. This section does not | 3855 |
prohibit a fiduciary from making an advancement
| 3856 |
advancement has been expressly authorized by the instrument | 3857 |
creating the trust or | 3858 |
engaging in any act authorized by this chapter. | 3859 |
(B) The fiduciary may petition the court for authority to | 3860 |
purchase property of the estate if all of the following | 3861 |
requirements are met: | 3862 |
(1) Written consent to the purchase is signed by the | 3863 |
following: | 3864 |
(a) Each known heir whose interest in the estate would be | 3865 |
affected by the proposed purchase; | 3866 |
(b) Each known devisee whose interest in the estate would be | 3867 |
affected by the proposed purchase. | 3868 |
(2) The written consents are filed with the court. | 3869 |
(3) The purchase is shown to be to the advantage of the | 3870 |
estate. | 3871 |
(C) The court shall deliver notice of the hearing on the | 3872 |
petition to the heirs, devisees, or legatees of the estate or any | 3873 |
interested person. | 3874 |
Sec. 2109.45. Before the probate court confirms a sale by an | 3875 |
executor, administrator, guardian, assignee, or trustee made under | 3876 |
an order allowing that officer to make a private sale, the court | 3877 |
shall require that officer to file a statement indicating that the | 3878 |
private sale was made after diligent endeavor to obtain the best | 3879 |
price for the property and that the private sale was at the | 3880 |
highest price | 3881 |
or trustee could | 3882 |
Sec. 2109.46. When it appears to be for the best interests | 3883 |
of the | 3884 |
or administrator may, with the approval of the probate court, | 3885 |
borrow money and mortgage real | 3886 |
3887 | |
acquired by purchase or by descent and distribution. | 3888 |
The fiduciary proposing | 3889 |
the probate court | 3890 |
3891 | |
the trust and stating the nature and amount of the encumbrances | 3892 |
3893 | |
became or will become due, and the rate of interest | 3894 |
those encumbrances. The | 3895 |
statement of the personal property in the trust, the income from | 3896 |
3897 | |
property in | 3898 |
by a guardian shall state the names, ages, and residences of the | 3899 |
ward and next of kin known to be a resident | 3900 |
including the spouse of | 3901 |
3902 | |
extinguished, all of whom | 3903 |
notified of the pendency and prayer of the | 3904 |
3905 | |
3906 | |
the | 3907 |
3908 | |
Except as provided in this section, the defendants and notice | 3909 |
3910 | |
3911 | |
fiduciary. The | 3912 |
the loan, the amount required
| 3913 |
other facts | 3914 |
the money should be borrowed and shall contain a prayer that the | 3915 |
fiduciary be authorized to mortgage so much of the ward's lands as | 3916 |
may be necessary to secure | 3917 |
Upon the filing of | 3918 |
proceedings as to pleadings and proof shall be the same as on | 3919 |
3920 | |
trust. | 3921 |
Sec. 2109.47. Before the probate court makes an order | 3922 |
authorizing a guardian to mortgage real | 3923 |
purpose of borrowing money to make repairs or improvements, the | 3924 |
court shall appoint | 3925 |
shall be to investigate fully the necessity for and the | 3926 |
advisability of making the repairs or improvements and their | 3927 |
probable cost and to report their conclusions to the court. | 3928 |
Sec. 2109.48. If on the final hearing of a fiduciary's | 3929 |
3930 | |
property belonging to the trust it appears to be for the best | 3931 |
interests of the trust that the prayer of the | 3932 |
be granted, the probate court shall fix the amount necessary to be | 3933 |
borrowed, direct what | 3934 |
mortgage to secure | 3935 |
the fiduciary directing | 3936 |
to the court the rate of interest and the length of time for which | 3937 |
3938 |
If | 3939 |
are satisfactory to the court, they may be accepted and confirmed | 3940 |
and the fiduciary ordered, as fiduciary, to execute a note for | 3941 |
3942 | |
property so designated, which shall be a valid lien | 3943 |
property. The fiduciary in no way shall be personally liable for | 3944 |
the payment of any part of the sum borrowed, but | 3945 |
mortgaged | 3946 |
its payment. | 3947 |
fund and the fiduciary shall report to the court, for its | 3948 |
approval, the execution of | 3949 |
fiduciary's distribution of the fund. | 3950 |
Sec. 2109.49. The probate judge, | 3951 |
3952 | |
any party interested in the trust estate, may appoint a suitable | 3953 |
3954 | |
estate and report to the court. The expense | 3955 |
investigation shall be taxed as costs against the party asking for | 3956 |
3957 | |
This section shall not apply to a corporate trustee | 3958 |
subject to section 1111.28 of the Revised Code. | 3959 |
Sec. 2109.50. Upon complaint made to the probate court of | 3960 |
the county having jurisdiction of the administration of | 3961 |
estate, a testamentary trust, or a guardianship or of the county | 3962 |
3963 | |
by a person interested in
| 3964 |
trust, or guardianship or by the creditor of a person interested | 3965 |
in | 3966 |
against any person suspected of having concealed, embezzled, or | 3967 |
conveyed away or of being or having been in the possession of any | 3968 |
moneys,
| 3969 |
the estate, testamentary trust, or guardianship, | 3970 |
shall by citation | 3971 |
3972 | |
other judicial order compel the person or persons | 3973 |
3974 | |
matter of the complaint. | 3975 |
3976 | |
any county in the state and shall be served and returned by the | 3977 |
officer to whom it is delivered. The officer to whom | 3978 |
process is delivered shall be liable for negligence in its service | 3979 |
or return in | 3980 |
negligence in not serving or returning a capias issued upon an | 3981 |
indictment. Before issuing an extra-county citation | 3982 |
3983 | |
complainant to post security with the probate court in | 3984 |
amount and in | 3985 |
finds acceptable in order to cover the costs of the proceeding | 3986 |
under this section, including in | 3987 |
allowance for the | 3988 |
persons against whom an extra-county citation | 3989 |
3990 | |
may be in the form of a bond, the amount, terms, conditions, and | 3991 |
sureties of which shall be subject to the approval of the probate | 3992 |
judge. | 3993 |
The probate court may initiate proceedings on its own motion. | 3994 |
The probate court shall | 3995 |
and determine the matter. | 3996 |
The examinations, including questions and answers, shall be | 3997 |
reduced to writing, signed by the party examined, and filed in the | 3998 |
probate court. | 3999 |
If required by either party, the probate court shall swear | 4000 |
4001 | |
touching the matter of | 4002 |
examination of every | 4003 |
answers, to be reduced to writing, signed by the witness, and | 4004 |
filed in the probate court. | 4005 |
All costs of | 4006 |
4007 | |
extra-county citation | 4008 |
issued, shall be assessed against and paid by the party making the | 4009 |
complaint, except as provided by section 2109.52 of the Revised | 4010 |
Code. | 4011 |
Sec. 2109.51. If a person compelled under section 2109.50 of | 4012 |
the Revised Code to appear for examination refuses to answer | 4013 |
interrogatories propounded, the probate court shall commit | 4014 |
the person to the county jail, and | 4015 |
close custody until | 4016 |
Sec. 2109.52. When passing on a complaint made under section | 4017 |
2109.50 of the Revised Code, the probate court shall determine, by | 4018 |
the verdict of a jury if either party requires it or without if | 4019 |
not required, whether the person accused is guilty of having | 4020 |
concealed, embezzled, conveyed away, or been in the possession of | 4021 |
moneys, | 4022 |
4023 | |
person is found guilty, the probate court shall assess the amount | 4024 |
of damages to be recovered or the court may order the return of | 4025 |
the specific thing concealed or embezzled or may order restoration | 4026 |
in kind. The probate court may issue a citation or other judicial | 4027 |
order into any county in this state | 4028 |
served and returned as provided in section 2109.50 | 4029 |
the Revised Code. The citation or other judicial order shall | 4030 |
require any person | 4031 |
the assets alleged to have been concealed, embezzled, conveyed, or | 4032 |
held in possession | 4033 |
hearing, the court may hear and determine questions of title | 4034 |
relating to | 4035 |
person found guilty is the fiduciary, the probate court shall | 4036 |
4037 | |
no fiduciary in this state, the probate court shall render | 4038 |
judgment in favor of the state, against the person found guilty, | 4039 |
for the amount of the moneys or the value of the | 4040 |
property or choses in action concealed, embezzled, conveyed away, | 4041 |
or held in possession, together with ten per cent penalty and all | 4042 |
costs of | 4043 |
judgment shall be reduced to the extent of the value of any thing | 4044 |
specifically restored or returned in kind as provided in this | 4045 |
section. | 4046 |
If the person found guilty is the fiduciary, the probate | 4047 |
court shall | 4048 |
against | 4049 |
value of the personal property or choses in action concealed, | 4050 |
embezzled, conveyed away, or held in possession, together with | 4051 |
penalty and costs as provided in this section. | 4052 |
Sec. 2109.53. If a judgment is rendered against a fiduciary | 4053 |
under section 2109.52 of the Revised Code, | 4054 |
4055 | |
4056 | |
4057 | |
guardianship remains to be administered by the probate court at | 4058 |
the time of the removal of the fiduciary, the court shall appoint | 4059 |
a new fiduciary to continue the administrative process. A | 4060 |
fiduciary | 4061 |
acting as fiduciary and | 4062 |
for the amount of
| 4063 |
also shall be liable for the satisfaction of the judgment on | 4064 |
execution issued | 4065 |
successor. | 4066 |
Sec. 2109.54. The fiduciary in whose favor a judgment has | 4067 |
been rendered by the probate court under section 2109.52 of the | 4068 |
Revised Code shall | 4069 |
common pleas a certificate of | 4070 |
with section 2329.04 of the Revised Code | 4071 |
The probate | 4072 |
certificate to | 4073 |
4074 | |
amount of the judgment and the costs that have accrued or that may | 4075 |
accrue | 4076 |
execution shall be the same as if the judgment had been rendered | 4077 |
in | 4078 |
Sec. 2109.55. If a judgment is rendered in the name of the | 4079 |
state under section 2109.52 of the Revised Code and there is no | 4080 |
fiduciary within this state, the prosecuting attorney shall cause | 4081 |
the certificate provided for in section 2109.54 of the Revised | 4082 |
Code to be filed in the clerk's office and proceed | 4083 |
execution on the judgment as provided in | 4084 |
The prosecuting attorney shall pay the money realized upon | 4085 |
the execution to the county treasurer for the use of | 4086 |
the estate, testamentary trust, or guardianship, reserving | 4087 |
the compensation to | 4088 |
probate court allows. | 4089 |
Sec. 2109.56. All gifts, grants, or conveyances of | 4090 |
4091 | |
personal property and all bonds, judgments, or executions made or | 4092 |
obtained with intent to avoid the purpose of the proceedings set | 4093 |
forth in sections 2109.50 to 2109.55 | 4094 |
Code, or in contemplation of any examination or complaint provided | 4095 |
for by | 4096 |
Sec. 2109.57. In any action or proceeding pending in a court | 4097 |
of record, if it is made to appear to the court that any person | 4098 |
entitled to all or a part of the proceeds of property sold in | 4099 |
that action or proceeding is unknown or is a nonresident and not | 4100 |
represented in | 4101 |
entitled cannot, at the time, definitely be ascertained, the | 4102 |
probate court may appoint a trustee to whom the notes and | 4103 |
mortgages for the unpaid part shall be made, delivered, and paid | 4104 |
and to receive, hold, and manage | 4105 |
of the proceeds. | 4106 |
the proceeds of the property sold, by action or otherwise, and | 4107 |
shall pay over | 4108 |
court appointing | 4109 |
Payment to | 4110 |
thereafter made by any person and the persons or corporations | 4111 |
paying | 4112 |
application of the money paid. | 4113 |
If a person entitled to any portion of the money held by | 4114 |
the trustee fails for seven or more years after | 4115 |
appointment to make claim to the money and to present the proof | 4116 |
necessary to entitle | 4117 |
prosecuting attorney of the county in which | 4118 |
appointed shall collect it, with the interest accrued | 4119 |
the money, from | 4120 |
treasury, to be placed to the credit of the general fund. | 4121 |
| 4122 |
appointed | 4123 |
the proof necessary to entitle the person
| 4124 |
to the | 4125 |
4126 | |
person in whole or part, less the costs of collection by the | 4127 |
prosecuting attorney | 4128 |
4129 | |
person, on the judge's certificate, shall be given a warrant | 4130 |
4131 |
Sec. 2109.58. Each fiduciary as to whom definite provision | 4132 |
is not made in sections 2111.14 and 2115.02 of the Revised Code | 4133 |
shall make and file within three months after | 4134 |
appointment a full inventory of the real and personal property | 4135 |
4136 | |
and the value of the yearly rent of the real property. | 4137 |
Except as provided by section 2115.16 of the Revised Code, | 4138 |
exceptions to the inventory of a fiduciary may be filed at any | 4139 |
time within six months after the return of the inventory by any | 4140 |
person interested in the | 4141 |
property included in the inventory, but the six-month period shall | 4142 |
not apply in case of fraud or concealment of assets. At the | 4143 |
hearing, the fiduciary and any witness may be examined under oath. | 4144 |
The probate court shall enter its finding on the journal and tax | 4145 |
the costs as may be equitable. | 4146 |
Sec. 2109.59. If a fiduciary, upon demand, refuses or | 4147 |
neglects to pay any creditor whose claim has been allowed by the | 4148 |
fiduciary and not subsequently rejected or to pay any creditor or | 4149 |
make distribution to any person interested in the estate whose | 4150 |
claim or interest has been established by judgment, decree, or | 4151 |
order of court, including an order of distribution, | 4152 |
creditor or other person may file a petition against the fiduciary | 4153 |
in the probate court from which the fiduciary received | 4154 |
fiduciary's appointment to enforce | 4155 |
distribution, briefly setting forth | 4156 |
amount and nature of
| 4157 |
interest. | 4158 |
or administrator until the expiration of the period prescribed in | 4159 |
section 2117.30 of the Revised Code. | 4160 |
When | 4161 |
issue a citation to the fiduciary setting forth the filing of the | 4162 |
petition and the nature of the claim of the petitioner and | 4163 |
commanding | 4164 |
return day | 4165 |
not be rendered or order entered against | 4166 |
The citation shall be returnable not less than twenty nor more | 4167 |
than forty days from its date and shall be served and returned by | 4168 |
an officer as in the case of summons. | 4169 |
to any county in the state. | 4170 |
On the return of the citation, the cause shall be set for | 4171 |
hearing, unless for good cause shown it is continued. The probate | 4172 |
court may hear and determine all questions necessary to ascertain | 4173 |
and fix the amount due from the fiduciary to the petitioner and | 4174 |
render
| 4175 |
proper. If necessary, | 4176 |
settle the rights and claims of all parties interested in the | 4177 |
subject matter of the petition. For | 4178 |
court may | 4179 |
to | 4180 |
cross-petition. The court shall cause notice to be served on all | 4181 |
4182 | |
service of the citation upon the fiduciary. | 4183 |
In any | 4184 |
the bond of the fiduciary, if made parties | 4185 |
proceeding, may make any defense that the fiduciary could make and | 4186 |
the court may render | 4187 |
respect to the sureties
| 4188 |
Sec. 2109.60. When a proceeding set forth in section 2109.59 | 4189 |
of the Revised Code is pending in the probate court, | 4190 |
court, on motion of any party
| 4191 |
motion, may | 4192 |
of common pleas | 4193 |
settle, and determine all issues as provided in | 4194 |
In case of | 4195 |
prepare a transcript of the proceedings in the cause, so far as it | 4196 |
has progressed, | 4197 |
4198 | |
clerk of the court of common pleas. | 4199 |
Sec. 2109.61. An action may be prosecuted on the bond of a | 4200 |
fiduciary against any one or more of the obligors | 4201 |
bond by any person who has been injured by reason of the breach of | 4202 |
any condition of the bond. | 4203 |
the benefit of all persons who are interested in the estate and | 4204 |
who have been similarly injured. Any such person or any obligor on | 4205 |
the bond who is not already a party to the action may intervene | 4206 |
4207 | |
supplemental, amended, or | 4208 |
any action or proceeding against the bonded fiduciary shall be | 4209 |
given to the surety. | 4210 |
If a surety on the bond of a fiduciary is not made a party to | 4211 |
an action or proceeding against | 4212 |
a judgment was rendered or an order was entered against the | 4213 |
fiduciary shall constitute only prima-facie evidence of the | 4214 |
justice and validity of the claim in an action subsequently | 4215 |
brought against the sureties on the bond of the fiduciary. | 4216 |
Sec. 2109.62. (A)(1) Upon the filing of a motion by a | 4217 |
trustee with the court that has jurisdiction over the trust, upon | 4218 |
the provision of reasonable notice to all beneficiaries who are | 4219 |
known and in being and who have vested or contingent interests in | 4220 |
the trust, and after holding a hearing, the court may terminate | 4221 |
the trust, in whole or in part, if it determines that all of the | 4222 |
following apply: | 4223 |
(a) It is no longer economically feasible to continue the | 4224 |
trust. | 4225 |
(b) The termination of the trust is for the benefit of the | 4226 |
beneficiaries. | 4227 |
(c) The termination of the trust is equitable and practical. | 4228 |
(d) The current value of the trust is less than one hundred | 4229 |
thousand dollars. | 4230 |
(2) The existence of a spendthrift or similar provision in a | 4231 |
trust instrument or will does not preclude the termination of a | 4232 |
trust pursuant to this section. | 4233 |
(B) If property is to be distributed from an estate being | 4234 |
probated to a trust and the termination of the trust pursuant to | 4235 |
this section does not clearly defeat the intent of the testator, | 4236 |
the probate court has jurisdiction to order the outright | 4237 |
distribution of the property or to make the property custodial | 4238 |
property under sections 5814.01 to 5814.09 of the Revised Code. A | 4239 |
probate court may so order whether the | 4240 |
order is made by an inter vivos trustee named in the will of the | 4241 |
decedent or by a testamentary trustee. | 4242 |
(C) Upon the termination of a trust pursuant to this section, | 4243 |
the probate court shall order the distribution of the trust estate | 4244 |
in accordance with any provision specified in the trust instrument | 4245 |
for the premature termination of the trust. If there is no | 4246 |
provision of that nature in the trust instrument, the probate | 4247 |
court shall order the distribution of the trust estate among the | 4248 |
beneficiaries of the trust in accordance with their respective | 4249 |
beneficial interests and in a manner that the court determines to | 4250 |
be equitable. For purposes of ordering the distribution of the | 4251 |
trust estate among the beneficiaries of the trust under this | 4252 |
division, the court shall consider all of the following: | 4253 |
(1) The existence of any agreement among the beneficiaries | 4254 |
with respect to their beneficial interests; | 4255 |
(2) The actuarial values of the separate beneficial interests | 4256 |
of the beneficiaries; | 4257 |
(3) Any expression of preference of the beneficiaries that is | 4258 |
contained in the trust instrument. | 4259 |
Sec. 2111.02. (A) | 4260 |
on its own motion or on application by any interested party shall | 4261 |
appoint, subject to divisions (C) and (D) of this section and to | 4262 |
section 2109.21 and division (B) of section 2111.121 of the | 4263 |
Revised Code, a guardian of the person, the estate, or both, of a | 4264 |
minor or incompetent, provided the person for whom the guardian is | 4265 |
to be appointed is a resident of the county or has a legal | 4266 |
settlement in the county and, except in the case of a minor, has | 4267 |
had the opportunity to have the assistance of counsel in the | 4268 |
proceeding for the appointment of | 4269 |
interested party includes, but is not limited to, a person | 4270 |
nominated in a durable power of attorney as described in division | 4271 |
(D) of section 1337.09 of the Revised Code or in a writing as | 4272 |
described in division (A) of section 2111.121 of the Revised Code. | 4273 |
Except when the guardian of an incompetent is an agency under | 4274 |
contract with the department of developmental disabilities for the | 4275 |
provision of protective services under sections 5123.55 to 5123.59 | 4276 |
of the Revised Code, the guardian of an incompetent, by virtue of | 4277 |
4278 | |
minor children of the guardian's ward, unless the court appoints | 4279 |
some other person as their guardian. | 4280 |
When the primary purpose of the appointment of a guardian is, | 4281 |
or was, the collection, disbursement, or administration of moneys | 4282 |
awarded by the veterans administration to the ward, or assets | 4283 |
derived from | 4284 |
the proceeding for the appointment or in any subsequent | 4285 |
proceedings made in pursuance of the appointment, unless the value | 4286 |
of the estate, including the moneys then due under the veterans | 4287 |
administration award, exceeds one thousand five hundred dollars. | 4288 |
(B)(1) If the probate court finds it to be in the best | 4289 |
interest of an incompetent or minor, it may appoint pursuant to | 4290 |
divisions (A) and (C) of this section, on its own motion or on | 4291 |
application by an interested party, a limited guardian with | 4292 |
specific limited powers. The sections of the Revised Code, rules, | 4293 |
and procedures governing guardianships apply to a limited | 4294 |
guardian, except that the order of appointment and letters of | 4295 |
authority of a limited guardian shall state the reasons for, and | 4296 |
specify the limited powers of, the guardian. The court may appoint | 4297 |
a limited guardian for a definite or indefinite period. An | 4298 |
incompetent or minor for whom a limited guardian has been | 4299 |
appointed retains all of the incompetent's or minor's rights in | 4300 |
all areas not affected by the court order appointing the limited | 4301 |
guardian. | 4302 |
(2) If a guardian appointed pursuant to division (A) of this | 4303 |
section is temporarily or permanently removed or resigns, and if | 4304 |
the welfare of the ward requires immediate action, at any time | 4305 |
after the removal or resignation, the probate court may appoint, | 4306 |
ex parte and with or without notice to the ward or interested | 4307 |
parties, an interim guardian for a maximum period of fifteen days. | 4308 |
If the court appoints the interim guardian ex parte or without | 4309 |
notice to the ward, the court, at its first opportunity, shall | 4310 |
enter upon its journal with specificity the reason for acting ex | 4311 |
parte or without notice, and, as soon as possible, shall serve | 4312 |
upon the ward a copy of the order appointing the interim guardian. | 4313 |
For good cause shown, after notice to the ward and interested | 4314 |
parties and after hearing, the court may extend an interim | 4315 |
guardianship for a specified period, but not to exceed an | 4316 |
additional thirty days. | 4317 |
(3) If a minor or incompetent has not been placed under a | 4318 |
guardianship pursuant to division (A) of this section and if an | 4319 |
emergency exists | 4320 |
action is required to prevent significant injury to the person or | 4321 |
estate of the minor or incompetent, at any time after it receives | 4322 |
notice of the emergency, the court, ex parte, may issue any order | 4323 |
that it considers necessary to prevent injury to the person or | 4324 |
estate of the minor or incompetent, or may appoint an emergency | 4325 |
guardian for a maximum period of seventy-two hours. A written copy | 4326 |
of any order issued by a court under this division shall be served | 4327 |
upon the incompetent or minor as soon as possible after its | 4328 |
issuance. Failure to serve | 4329 |
or prior to the taking of any action under its authority does not | 4330 |
invalidate the order or the actions taken. The powers of an | 4331 |
emergency guardian shall be specified in the letters of | 4332 |
appointment, and shall be limited to those powers that are | 4333 |
necessary to prevent injury to the person or estate of the minor | 4334 |
or incompetent. If the court acts ex parte or without notice to | 4335 |
the minor or incompetent, the court, at its first opportunity, | 4336 |
shall enter upon its journal a record of the case and, with | 4337 |
specificity, the reason for acting ex parte or without notice. For | 4338 |
good cause shown, after notice to the minor or incompetent and | 4339 |
interested parties, and after hearing, the court may extend an | 4340 |
emergency guardianship for a specified period, but not to exceed | 4341 |
an additional thirty days. | 4342 |
(C) Prior to the appointment of a guardian or limited | 4343 |
guardian under division (A) or (B)(1) of this section, the court | 4344 |
shall conduct a hearing on the matter of the appointment. The | 4345 |
hearing shall be conducted in accordance with all of the | 4346 |
following: | 4347 |
(1) The proposed guardian or limited guardian shall appear at | 4348 |
the hearing and, if appointed, shall swear under oath that the | 4349 |
proposed guardian or limited guardian has made and will continue | 4350 |
to make diligent efforts to file a true inventory in accordance | 4351 |
with section 2111.14 of the Revised Code and find and report all | 4352 |
assets belonging to the estate of the ward and that the proposed | 4353 |
guardian or limited guardian faithfully and completely will | 4354 |
fulfill the other duties of guardian, including the filing of | 4355 |
timely and accurate reports and accountings | 4356 |
(2) If the hearing is conducted by a | 4357 |
procedures set forth in Civil Rule 53 shall be followed | 4358 |
(3) If the hearing concerns the appointment of a guardian or | 4359 |
limited guardian for an alleged incompetent, the burden of proving | 4360 |
incompetency shall be by clear and convincing evidence | 4361 |
(4) Upon request of the applicant, the alleged incompetent | 4362 |
for whom the appointment is sought or the alleged incompetent's | 4363 |
counsel, or any interested party, a recording or record of the | 4364 |
hearing shall be made | 4365 |
(5) Evidence of a less restrictive alternative to | 4366 |
guardianship may be introduced, and when introduced, shall be | 4367 |
considered by the court | 4368 |
(6) The court may deny a guardianship based upon a finding | 4369 |
that a less restrictive alternative to guardianship exists | 4370 |
(7) If the hearing concerns the appointment of a guardian or | 4371 |
limited guardian for an alleged incompetent, the alleged | 4372 |
incompetent has all of the following rights: | 4373 |
(a) The right to be represented by independent counsel of the | 4374 |
alleged incompetent's choice; | 4375 |
(b) The right to have a friend or family member of the | 4376 |
alleged incompetent's choice present; | 4377 |
(c) The right to have evidence of an independent expert | 4378 |
evaluation introduced; | 4379 |
(d) If the alleged incompetent is indigent, upon the alleged | 4380 |
incompetent's request: | 4381 |
(i) The right to have counsel and an independent expert | 4382 |
evaluator appointed at court expense; | 4383 |
(ii) If the guardianship, limited guardianship, or standby | 4384 |
guardianship decision is appealed, the right to have counsel | 4385 |
appointed and necessary transcripts for appeal prepared at court | 4386 |
expense. | 4387 |
(D)(1) | 4388 |
of the estate of a minor in or pursuant to a durable power of | 4389 |
attorney as described in division (D) of section 1337.09 of the | 4390 |
Revised Code or a writing as described in division (A) of section | 4391 |
2111.121 of the Revised Code, the person nominated has preference | 4392 |
in appointment over a person selected by the minor. A person who | 4393 |
has been nominated to be a guardian of the person of a minor in or | 4394 |
pursuant to a durable power of attorney or writing of that nature | 4395 |
does not have preference in appointment over a person selected by | 4396 |
the minor, but the probate court may appoint the person named in | 4397 |
the durable power of attorney or the writing, the person selected | 4398 |
by the minor, or another person as guardian of the person of the | 4399 |
minor. | 4400 |
(2) A person nominated as a guardian of an incompetent adult | 4401 |
child pursuant to section 1337.09 or 2111.121 of the Revised Code | 4402 |
shall have preference in appointment over a person applying to be | 4403 |
guardian if the person nominated is competent, suitable, and | 4404 |
willing to accept the appointment, and if the incompetent adult | 4405 |
child does not have a spouse or an adult child and has not | 4406 |
designated a guardian prior to the court finding the adult child | 4407 |
incompetent. | 4408 |
Sec. 2111.021. A competent adult who is physically infirm | 4409 |
may petition the probate court of the county in which | 4410 |
petitioner resides, to place, for a definite or indefinite period | 4411 |
of time, | 4412 |
petitioner's real or personal property, or both under a | 4413 |
conservatorship with the court. A petitioner either may grant | 4414 |
specific powers to the conservator or court or may limit any | 4415 |
powers granted by law to the conservator or court, except that the | 4416 |
petitioner may not limit the powers granted to the court by this | 4417 |
section and may not limit the requirement for bond as determined | 4418 |
by the court. The petition shall state whether the person of the | 4419 |
competent adult will be placed under the conservatorship, shall | 4420 |
state with particularity all real and personal property that will | 4421 |
be placed under the conservatorship, shall state the powers | 4422 |
granted and any limitation upon the powers of the conservator or | 4423 |
court, and shall state the name of a proposed suitable | 4424 |
conservator. | 4425 |
After a hearing, if the court finds that the petition was | 4426 |
voluntarily filed and that the proposed conservator is suitable, | 4427 |
the court shall issue an order of conservatorship. Upon issuance | 4428 |
of the order, all sections of the Revised Code governing a | 4429 |
guardianship of the person, the estate, or both, whichever is | 4430 |
involved, except those sections the application of which | 4431 |
specifically is limited by the petitioner, and all rules and | 4432 |
procedures governing | 4433 |
estate, or both, shall apply to the conservatorship, including, | 4434 |
but not limited to, applicable bond and accounting requirements. | 4435 |
A conservatorship shall terminate upon a judicial | 4436 |
determination of incompetency, the death of the petitioner, the | 4437 |
order of the probate court, or the execution of a written | 4438 |
termination notice by the petitioner. A termination notice shall | 4439 |
take effect upon execution by the petitioner, and shall be filed | 4440 |
with the court and served upon the conservator. A termination | 4441 |
notice executed by a petitioner relative to a conservatorship of | 4442 |
the estate and the termination of a conservatorship of the estate | 4443 |
based upon a termination notice are void unless the termination | 4444 |
notice is filed with the court within fourteen days after its | 4445 |
execution. Modification of the powers of a conservator or the | 4446 |
court may be made by the petitioner upon motion to the court at | 4447 |
any time during the conservatorship. Neither the establishment of | 4448 |
a conservatorship nor the filing of a petition for conservatorship | 4449 |
with the probate court shall be considered as evidence of mental | 4450 |
impairment under section 2111.01 of the Revised Code. | 4451 |
Upon motion to the probate court and a showing of good cause, | 4452 |
the court may make confidential, or remove from confidential | 4453 |
status, any file, record, petition, motion, account, or paper, | 4454 |
except for an index, docket, or journal, that pertains to a | 4455 |
conservatorship and that is in the possession of the court. | 4456 |
Sec. 2111.031. In connection with an application for the | 4457 |
appointment of a guardian for an alleged incompetent, the court | 4458 |
may appoint physicians and other qualified persons to examine, | 4459 |
investigate, or represent the alleged incompetent, to assist the | 4460 |
court in deciding whether a guardianship is necessary. If the | 4461 |
person is determined to be an incompetent and a guardian is | 4462 |
appointed for | 4463 |
incurred to so assist the court shall be charged either against | 4464 |
the estate of the person or against the applicant, unless the | 4465 |
court determines, for good cause shown, that the costs, fees, or | 4466 |
expenses are to be recovered from the county, in which case they | 4467 |
shall be charged against the county. If the person is not | 4468 |
determined to be an incompetent or a guardian is not appointed for | 4469 |
4470 | |
the court shall be charged against the applicant, unless the court | 4471 |
determines, for good cause shown, that the costs, fees, or | 4472 |
expenses are to be recovered from the county, in which case they | 4473 |
shall be charged against the county. | 4474 |
A court may require the applicant to make an advance deposit | 4475 |
of an amount that the court determines is necessary to defray the | 4476 |
anticipated costs of examinations of an alleged incompetent and to | 4477 |
cover fees or expenses to be incurred to assist it in deciding | 4478 |
whether a guardianship is necessary. | 4479 |
This section does not affect or apply to the duties of a | 4480 |
probate court investigator under sections 2111.04 and 2111.041 of | 4481 |
the Revised Code. | 4482 |
Sec. 2111.04. (A) Except for an interim or emergency | 4483 |
guardian appointed under division (B)(2) or (3) of section 2111.02 | 4484 |
of the Revised Code, no guardian of the person, the estate, or | 4485 |
both shall be appointed until at least seven days after the | 4486 |
probate court has caused written notice, setting forth the time | 4487 |
and place of the hearing, to be served as follows: | 4488 |
(1) In the appointment of the guardian of a minor, notice | 4489 |
shall be served as follows: | 4490 |
(a) Upon the minor, if over the age of fourteen, by personal | 4491 |
service; | 4492 |
(b) Upon each parent of the minor whose name and address is | 4493 |
known or with reasonable diligence can be ascertained, provided | 4494 |
the parent is free from disability other than minority; | 4495 |
(c) Upon the next of kin of the minor who are known to reside | 4496 |
in this state, if there is no living parent, the name and address | 4497 |
of the parent cannot be ascertained, or the parent is under | 4498 |
disability other than minority; | 4499 |
(d) Upon the person having the custody of the minor. | 4500 |
(2) In the appointment of the guardian of an incompetent, | 4501 |
notice shall be served as follows: | 4502 |
(a)(i) Upon the person for whom appointment is sought by | 4503 |
personal service, by a probate court investigator, or in the | 4504 |
manner provided in division (A)(2)(a)(ii) of this section. The | 4505 |
notice shall be in boldface type and shall inform the alleged | 4506 |
incompetent, in boldface type, of | 4507 |
rights to be present at the hearing, to contest any application | 4508 |
for the appointment of a guardian for | 4509 |
incompetent's person, estate, or both, and to be represented by an | 4510 |
attorney and of all of the rights set forth in division (C)(7) of | 4511 |
section 2111.02 of the Revised Code. | 4512 |
(ii) If the person for whom appointment is sought is a | 4513 |
resident of, or has a legal settlement in, the county in which the | 4514 |
court has jurisdiction, but is absent from that county, the | 4515 |
probate court may designate, by order, a temporary probate court | 4516 |
investigator, in lieu of a regular probate court investigator | 4517 |
appointed or designated under section 2101.11 of the Revised Code, | 4518 |
to make the personal service of the notice described in division | 4519 |
(A)(2)(a)(i) of this section upon the person for whom appointment | 4520 |
is sought. | 4521 |
(b) Upon the next of kin of the person for whom appointment | 4522 |
is sought who are known to reside in this state. | 4523 |
(B) After service of notice in accordance with division (A) | 4524 |
of this section and for good cause shown, the court may appoint a | 4525 |
guardian prior to the time limitation specified in that division. | 4526 |
(C) Notice may not be waived by the person for whom the | 4527 |
appointment is sought. | 4528 |
(D) From the service of notice until the hearing, no sale, | 4529 |
gift, conveyance, or encumbrance of the property of an alleged | 4530 |
incompetent shall be valid as to persons having notice of the | 4531 |
proceeding. | 4532 |
Sec. 2111.041. (A) At the time of the service of notice upon | 4533 |
an alleged incompetent, as required by division (A)(2)(a) of | 4534 |
section 2111.04 of the Revised Code, the court shall require a | 4535 |
regular probate court investigator appointed or designated under | 4536 |
section 2101.11 of the Revised Code or appoint a temporary probate | 4537 |
court investigator to investigate the circumstances of the alleged | 4538 |
incompetent, and, to the maximum extent feasible, to communicate | 4539 |
to the alleged incompetent in a language or method of | 4540 |
communication that | 4541 |
the alleged incompetent's rights as specified in that division, | 4542 |
and subsequently to file with the court a report that contains all | 4543 |
of the following: | 4544 |
(1) A statement indicating that the notice was served and | 4545 |
describing the extent to which the alleged incompetent's rights to | 4546 |
be present at the hearing, to contest any application for the | 4547 |
appointment of a guardian for | 4548 |
person, estate, or both, and to be represented by an attorney were | 4549 |
communicated to | 4550 |
method of communication understandable to the alleged incompetent; | 4551 |
(2) A brief description, as observed by the investigator, of | 4552 |
the physical and mental condition of the alleged incompetent; | 4553 |
(3) A recommendation regarding the necessity for a | 4554 |
guardianship or a less restrictive alternative; | 4555 |
(4) A recommendation regarding the necessity of appointing | 4556 |
pursuant to section 2111.031 of the Revised Code, an attorney to | 4557 |
represent the alleged incompetent. | 4558 |
(B) The report that is required by division (A) of this | 4559 |
section shall be made a part of the record in the case and shall | 4560 |
be considered by the court prior to establishing any guardianship | 4561 |
for the alleged incompetent. | 4562 |
Sec. 2111.06. If the powers of the person appointed as | 4563 |
guardian of a minor or incompetent are not limited by the order of | 4564 |
appointment, | 4565 |
and estate of the ward. In every instance the court shall appoint | 4566 |
the same person as guardian of the person and estate of
| 4567 |
the ward, unless in the opinion of the court the interests of the | 4568 |
ward will be promoted by the appointment of different persons as | 4569 |
guardians of the person and of the estate. | 4570 |
A guardian of the person of a minor shall be appointed as to | 4571 |
a minor having | 4572 |
are unsuitable persons to have the custody | 4573 |
minor and to provide for the education of the minor as required by | 4574 |
section 3321.01 of the Revised Code, or whose interests, in the | 4575 |
opinion of the court, will be promoted
| 4576 |
of a guardian. A guardian of the person shall have the custody and | 4577 |
provide for the maintenance of the ward, and if the ward is a | 4578 |
minor, | 4579 |
4580 |
Before exercising its jurisdiction to appoint a guardian of a | 4581 |
minor, the court shall comply with the jurisdictional standards of | 4582 |
sections 3127.01 to 3127.53 of the Revised Code. | 4583 |
Sec. 2111.07. Each person appointed guardian of the person | 4584 |
and estate of a minor shall have the custody | 4585 |
the ward, the obligation to provide for the education of the ward | 4586 |
as required under section 3321.01 of the Revised Code, and the | 4587 |
management of
| 4588 |
the guardian is removed or discharged from | 4589 |
guardianship terminates from any of the causes specified in | 4590 |
Chapters 2101. to 2131. | 4591 |
Sec. 2111.09. Unless expressly appointed or designated to | 4592 |
act both as guardian and executor by a | 4593 |
person who is or has been an administrator or executor of a | 4594 |
will shall, prior to the approval of
| 4595 |
account as | 4596 |
of the person and estate or of the estate only of a ward who is | 4597 |
interested in the estate administered upon or entitled to an | 4598 |
interest under | 4599 |
be executor or administrator of the deceased spouse's estate and | 4600 |
also guardian of the person and estate or of the estate only of a | 4601 |
minor child of | 4602 |
minor child is interested in the estate of the deceased spouse. | 4603 |
4604 | |
guardian of the person only of a ward. | 4605 |
Sec. 2111.091. No attorney who represents any other person | 4606 |
4607 | |
chapter or under any other provision of the Revised Code shall do | 4608 |
either of the following: | 4609 |
(A) Act as a person with co-responsibility for any | 4610 |
guardianship asset for which the guardian | 4611 |
responsible; | 4612 |
(B) Be a cosignatory on any financial account related to the | 4613 |
guardianship, including any checking account, savings account, or | 4614 |
other banking or trust account. | 4615 |
Sec. 2111.12. (A) A minor over the age of fourteen years may | 4616 |
select a guardian who shall be appointed if a suitable person. If | 4617 |
4618 | |
may be made without reference to the minor's wishes. The minor | 4619 |
shall not select one person to be the guardian of the minor's | 4620 |
estate only and another to be the guardian of the person only, | 4621 |
unless the court | 4622 |
opinion that the interests of | 4623 |
promoted by that selection. | 4624 |
(B) A surviving parent by | 4625 |
a guardian for any of the surviving parent's children, whether | 4626 |
born at the time of making the will or afterward, to continue | 4627 |
during the minority of the child or for a less time. | 4628 |
When the father or mother of a minor names a person as | 4629 |
guardian of the estate of | 4630 |
named shall have preference in appointment over the person | 4631 |
selected by | 4632 |
guardian of the person of | 4633 |
in appointment over the person selected by | 4634 |
4635 | |
the will, the person selected by the minor, or some other person. | 4636 |
Whenever a testamentary guardian is appointed, the | 4637 |
testamentary guardian's duties, powers, and liabilities in all | 4638 |
other respects shall be governed by the law regulating guardians | 4639 |
not appointed by will. | 4640 |
(C) A parent pursuant to a durable power of attorney as | 4641 |
described in division (D) of section 1337.09 or a writing as | 4642 |
described in division (A) of section 2111.121 of the Revised Code | 4643 |
may nominate a person to be a guardian for one or more of the | 4644 |
parent's minor children, whether born at the time of the making of | 4645 |
the | 4646 |
Sec. 2111.131. (A) The probate court may enter an order that | 4647 |
authorizes a person under a duty to pay or deliver money or | 4648 |
personal property to a minor who does not have a guardian of the | 4649 |
person and estate or a guardian of the estate, to perform that | 4650 |
duty in amounts not exceeding five thousand dollars annually, by | 4651 |
paying or delivering the money or property to any of the | 4652 |
following: | 4653 |
(1) The guardian of the person only of the minor; | 4654 |
(2) The minor's natural guardians, if any, as determined | 4655 |
pursuant to section 2111.08 of the Revised Code; | 4656 |
(3) The | 4657 |
(4) Any person who has the care and custody of the minor and | 4658 |
with whom the minor resides, other than a guardian of the person | 4659 |
only or a natural guardian; | 4660 |
(5) A financial institution incident to a deposit in a | 4661 |
federally insured savings account in the sole name of the minor; | 4662 |
(6) A custodian designated by the court in its order, for the | 4663 |
minor under sections 5814.01 to 5814.09 of the Revised Code. | 4664 |
(B) An order entered pursuant to division (A) of this section | 4665 |
authorizes the person or entity specified in it, to receive the | 4666 |
money or personal property on behalf of the minor from the person | 4667 |
under the duty to pay or deliver it, in amounts not exceeding five | 4668 |
thousand dollars annually. Money or personal property so received | 4669 |
by guardians of the person only, natural guardians, and custodians | 4670 |
as described in division (A)(4) of this section may be used by | 4671 |
them only for the support, maintenance, or education of the minor | 4672 |
involved. The order of the court is prima-facie evidence that a | 4673 |
guardian of the person only, a natural guardian, or a custodian as | 4674 |
described in division (A)(4) of this section has the authority to | 4675 |
use the money or personal property received. | 4676 |
(C) A person who pays or delivers moneys or personal property | 4677 |
in accordance with a court order entered pursuant to division (A) | 4678 |
of this section is not responsible for the proper application of | 4679 |
the moneys or property by the recipient. | 4680 |
Sec. 2111.14. (A) In addition to | 4681 |
duties, every guardian appointed to take care of the estate of a | 4682 |
ward shall have the following duties: | 4683 |
| 4684 |
guardian's appointment a full inventory of the real and personal | 4685 |
property of the ward, its value, and the value of the yearly rent | 4686 |
of the real property, provided that, if the guardian fails to file | 4687 |
the inventory for thirty days after | 4688 |
the expiration of the time by the probate judge, the judge shall | 4689 |
remove | 4690 |
| 4691 |
ward; | 4692 |
| 4693 |
estate in | 4694 |
guardian, collect all debts due to the ward, compound doubtful | 4695 |
debts, and appear for and defend, or cause to be defended, all | 4696 |
suits against the ward; | 4697 |
| 4698 |
touching the guardianship; | 4699 |
| 4700 |
interests of the ward; | 4701 |
| 4702 |
assets that | 4703 |
or administrator to the greatest advantage of the ward. Before a | 4704 |
settlement and adjustment is valid and binding, it shall be | 4705 |
approved by the probate court and the approval shall be entered on | 4706 |
its journal. The guardian also shall have the approval of the | 4707 |
probate court to hold the assets as received from the executor or | 4708 |
administrator or to hold what may be received in the settlement | 4709 |
and adjustment of those assets. | 4710 |
(B) No guardian appointed to take care of the estate of a | 4711 |
ward may open a safety deposit box held in the name of the ward, | 4712 |
until the contents of the box have been audited by an employee of | 4713 |
the county auditor in the presence of the guardian and until a | 4714 |
verified report of the audit has been filed by the auditor with | 4715 |
the probate court | 4716 |
the guardian permitting the guardian to have access to the safety | 4717 |
deposit box of the ward. | 4718 |
Sec. 2111.141. The court, by order or rule, may require that | 4719 |
any inventory filed by a guardian pursuant to section 2111.14 of | 4720 |
the Revised Code be supported by evidence that the inventory is a | 4721 |
true and accurate inventory of the estate of the ward of the | 4722 |
guardian | 4723 |
prior income tax returns, bank statements, and social security | 4724 |
records of the ward or other documents that are relevant to | 4725 |
determining the accuracy of the inventory. In order to verify the | 4726 |
accuracy of an inventory, the court may order a guardian to | 4727 |
produce any additional evidence that may tend to prove that the | 4728 |
guardian is in possession of or has knowledge of assets that | 4729 |
belong to the estate of | 4730 |
included in the guardianship inventory | 4731 |
evidence may include, but is not limited to, the guardian's income | 4732 |
tax returns and bank statements and any other documents that are | 4733 |
relevant to determining the accuracy of an inventory. The court | 4734 |
may assign court employees or appoint an examiner to verify an | 4735 |
inventory filed by a guardian. Upon appointment, the assigned | 4736 |
court employees or appointed examiner shall conduct an | 4737 |
investigation to verify the accuracy of the inventory filed by the | 4738 |
guardian. Upon order of the court, the assigned court employees or | 4739 |
appointed examiner may subpoena any documents necessary for | 4740 |
the investigation. Upon completion of the investigation, the | 4741 |
assigned court employees or appointed examiner shall file a report | 4742 |
with the court. The court shall hold a hearing on the report with | 4743 |
notice to all interested parties. At the hearing, the guardian | 4744 |
shall have the right to examine and cross-examine any assigned | 4745 |
court employees or appointed examiner who conducted the | 4746 |
investigation and filed the report that is the subject of the | 4747 |
hearing. The court shall charge any costs associated with the | 4748 |
verification of an inventory filed by a guardian against the | 4749 |
estate of the ward, except that, if the court determines that the | 4750 |
guardian wrongfully withheld, or aided in the wrongful | 4751 |
withholding, of assets from the inventory filed by the guardian, | 4752 |
the court shall charge the costs against the guardian. | 4753 |
Sec. 2111.16. Unless previously authorized by the court, no | 4754 |
voucher that is signed or purports to be signed by the ward shall | 4755 |
be received from or allowed as a credit in the settlement of a | 4756 |
guardian's account
| 4757 |
4758 |
Sec. 2111.17. A guardian may sue in | 4759 |
name, describing | 4760 |
ward | 4761 |
or proceedings then pending shall not abate, if the right | 4762 |
survives.
| 4763 |
or administrator of the ward, or the ward
| 4764 |
guardianship has terminated other than by the ward's death, shall | 4765 |
be made party to the suit or other proceeding as the case | 4766 |
requires, in the same manner an executor or administrator is made | 4767 |
a party to a similar suit or proceeding | 4768 |
dies during its pendency. | 4769 |
Sec. 2111.181. | 4770 |
or intangible property, or damage or loss on account of personal | 4771 |
injury or damage to tangible or intangible property is caused to a | 4772 |
minor | 4773 |
default | 4774 |
and recover damages for the injury, damage, or loss, and | 4775 |
any minor who claims to be emancipated is entitled to maintain an | 4776 |
action for damages or any other relief based on any claim, or is | 4777 |
subject to any claim to recover damages or any other relief based | 4778 |
on any claim, the minor | 4779 |
application in the probate court in the county where | 4780 |
then resides, praying for a finding by the court that the minor is | 4781 |
in fact emancipated, and authorizing, approving, and consenting to | 4782 |
the settlement of the claim by the minor without the appointment | 4783 |
of a guardian. Upon hearing on the application, after five days' | 4784 |
written notice of the time and place of the hearing has been given | 4785 |
to each of the living parents of the minor, whose name and address | 4786 |
is known, provided the parent is free from disability other than | 4787 |
minority, or, if there is no living parent, after | 4788 |
to the next of kin of the minor known to reside in the county, the | 4789 |
court may find the minor to be emancipated | 4790 |
approve, and consent to the settlement of the claim by the minor | 4791 |
without the appointment of a guardian | 4792 |
to receive and receipt for the settlement, and, upon the minor | 4793 |
executing and delivering a full and complete release for the | 4794 |
injuries, damages, losses, or claims, may authorize the delivery | 4795 |
and payment of | 4796 |
guardian of the estate of the minor appointed by the court for the | 4797 |
benefit of the minor, or to a depository authorized to receive | 4798 |
fiduciary funds to hold the moneys payable to the ward when | 4799 |
ward attains majority, or for the benefit of the minor, as the | 4800 |
court may direct. | 4801 |
Upon the finding of the probate court that the minor was, at | 4802 |
the time of the injury, damage, loss, or claim, an emancipated | 4803 |
minor, and provided the notice required by this section has been | 4804 |
given to each living parent, whose name and address is known, then | 4805 |
the release executed by the emancipated minor shall be a full and | 4806 |
complete discharge and release of any claim | 4807 |
both of the parents might have by reason of the personal injury, | 4808 |
damage to tangible or intangible property, damage or loss on | 4809 |
account of personal injury, or damage to tangible or intangible | 4810 |
property, or any other claim of the minor. | 4811 |
Sec. 2111.19. A guardian, whether appointed by a court in | 4812 |
this state or elsewhere, may complete the contracts of | 4813 |
ward for the purchase or sale of real | 4814 |
authorized contract relating to real | 4815 |
by a guardian who has died or been removed. | 4816 |
guardian shall proceed in the manner provided by sections 2113.48 | 4817 |
to 2113.50 | 4818 |
Sec. 2111.20. The guardian of the person and estate, or of | 4819 |
the estate only, may sell all or any part of the personal | 4820 |
property of the ward | 4821 |
the ward. | 4822 |
Sec. 2111.21. The guardian of a ward who has or is claimed | 4823 |
to have a right of dower, or a contingent right to it, in | 4824 |
4825 | |
or is seized as an estate of inheritance, | 4826 |
not been assigned, may sell, compromise, or adjust | 4827 |
or may release
| 4828 |
spouse of | 4829 |
4830 | |
interest of | 4831 |
probate court of the county in which the guardian was appointed | 4832 |
approves, or if | 4833 |
state, upon | 4834 |
4835 | |
After | 4836 |
the necessary deeds, mortgages, releases, and agreements for the | 4837 |
sale, compromise, assignment, or mortgage of | 4838 |
contingent right to dower. As a basis for computing the value of | 4839 |
an inchoate dower right in any sale, compromise, or adjustment | 4840 |
pursuant to this section, the value of the
| 4841 |
property may be considered to be the sale price or, if there is no | 4842 |
sale, the appraised value. | 4843 |
or mortgage may be made upon application and entry in the pending | 4844 |
proceedings. | 4845 |
Sec. 2111.22. When a ward has title to real | 4846 |
by tax title only, the guardian, by deed of release and quitclaim, | 4847 |
may convey | 4848 |
entitled to redeem | 4849 |
from
| 4850 |
the forfeiture and interest allowed by sections 319.52 and 323.121 | 4851 |
of the Revised Code. If the guardian tenders | 4852 |
person entitled to redeem | 4853 |
the person so entitled refuses to accept and pay for it,
| 4854 |
person entitled shall not recover costs in any proceeding | 4855 |
thereafter instituted to redeem | 4856 |
Sec. 2111.25. A guardian | 4857 |
estate only, without application to the probate court, may lease | 4858 |
the possession or use of any real | 4859 |
for a term not exceeding three years, provided
| 4860 |
not extend beyond the minority, if the ward is a minor. If the | 4861 |
lease extends beyond the death of the ward or beyond the removal | 4862 |
of the disability of a ward other than a minor, | 4863 |
shall terminate on | 4864 |
unless confirmed by the ward or | 4865 |
representatives. In the event of such determination, the tenant | 4866 |
shall have a lien on the premises for any sum expended by | 4867 |
tenant in pursuance of the lease in making improvements for which | 4868 |
compensation was not made in rent or otherwise. | 4869 |
Sec. 2111.26. A guardian may lease the possession and use of | 4870 |
the real | 4871 |
it for a term of years, renewable or otherwise, by perpetual | 4872 |
lease, with or without the privilege of purchase, or may lease | 4873 |
upon
| 4874 |
court approves any lands belonging to the ward containing coal, | 4875 |
gypsum, petroleum oil, natural gas, gravel, stone, or any other | 4876 |
mineral substance for the purpose of drilling, mining, or | 4877 |
excavating for and removing any of | 4878 |
the guardian may modify or change in any respect any lease | 4879 |
previously made. | 4880 |
| 4881 |
previously made, may be made when the guardian of the person and | 4882 |
estate or of the estate only applies to the court by which | 4883 |
guardian was appointed and | 4884 |
modification or change is necessary for the support of the ward or | 4885 |
of
| 4886 |
ward, for the ward's education, if a minor, to secure the | 4887 |
improvement of the real | 4888 |
the rent, to pay any liens or claims against | 4889 |
property, | 4890 |
property is suffering unavoidable waste, or that in any other | 4891 |
respect it will be for the best interests of the ward or those | 4892 |
persons for whom the ward is required by law to provide. | 4893 |
Sec. 2111.27. A guardian's application for authority to | 4894 |
lease real | 4895 |
forth the following: | 4896 |
(A) The legal capacity of the petitioner; | 4897 |
(B) The name of the ward, the character of | 4898 |
disability, and if it is
| 4899 |
incompetence, whether | 4900 |
temporary, or confirmed, and its duration; | 4901 |
(C) The number, names, ages, and residence of the family of | 4902 |
the ward, including the spouse and those residents of the county | 4903 |
who have the next estate of inheritance from | 4904 |
whom, as well as the ward, | 4905 |
(D) The indebtedness of the ward, the expense of supporting | 4906 |
and maintaining
| 4907 |
ward if | 4908 |
(E) The value of all the property and effects of the ward | 4909 |
including the real
| 4910 |
(F) The income of the ward and the net annual value to the | 4911 |
ward of the real
| 4912 |
(G) A description of the real | 4913 |
leased and the probable amount for which | 4914 |
property can be leased; | 4915 |
(H) A detailed statement of the improvements proposed to be | 4916 |
made to the real
| 4917 |
(I) The reasons for the proposed lease and the terms, | 4918 |
covenants, conditions, and stipulations | 4919 |
lease, including the time for which it is proposed the real
| 4920 |
property should be leased; | 4921 |
(J) | 4922 |
of the necessity or benefit to the ward or the estate of the | 4923 |
proposed lease, or | 4924 |
the court; | 4925 |
(K) A prayer for the proper authority. | 4926 |
Sec. 2111.28. In an application for authority to lease real | 4927 |
4928 | |
the Revised Code, the guardian may act for two or more wards and | 4929 |
two or more guardians of different wards may unite | 4930 |
the wards are jointly or in common interested in the real | 4931 |
property.
| 4932 |
owning lands in common, | 4933 |
in the same petition under section 2111.27 of the Revised Code. | 4934 |
The ward's spouse shall be made a defendant to | 4935 |
petition, and if the proposed lease is for the purpose of mining | 4936 |
or removing mineral or other substances | 4937 |
files an answer consenting to the lease, free and discharged of | 4938 |
all right and expectancy of dower | 4939 |
be a full release of | 4940 |
the lease is confirmed. Unless in | 4941 |
lieu of dower is waived, the court shall allow, out of the | 4942 |
proceeds of the lease, | 4943 |
reasonable value of | 4944 |
Sec. 2111.29. When a guardian files an application for | 4945 |
authority to lease the real | 4946 |
rules shall apply as to the parties and, upon the filing of the | 4947 |
petition described in section 2111.27 of the Revised Code, | 4948 |
similar proceedings shall be had as in an action to sell real | 4949 |
4950 | |
2127.43 | 4951 |
summons, notice, appraisal, pleading, rule days, and proof. | 4952 |
Sec. 2111.30. When a guardian applies for authority to lease | 4953 |
the real | 4954 |
shall be the same as in proceedings to sell real | 4955 |
belonging to the ward under sections 2127.22 and 2127.23 of the | 4956 |
Revised Code, except that they shall appraise not only the value | 4957 |
of the real | 4958 |
rental upon the terms, covenants, conditions, and stipulations of | 4959 |
the proposed lease. If | 4960 |
or removal of mineral or other substances, the appraisers shall | 4961 |
report in writing to the probate court their opinion as to the | 4962 |
probability of the lands containing | 4963 |
probable quantity of
| 4964 |
it would be advantageous to the ward to lease the lands for mining | 4965 |
or removing | 4966 |
shall state whether in their opinion, the proposed lease will be | 4967 |
for the best interests of the ward, those whom | 4968 |
required by law to support, or the estate. They may also suggest | 4969 |
any change in the terms, covenants, and stipulations proposed in | 4970 |
the petition. The report of the appraisers shall be returned on or | 4971 |
before the day named in the order for the final hearing of the | 4972 |
case. On the return of the appraisement, the guardian need not | 4973 |
give an additional bond, but in case of sale under the terms of | 4974 |
the lease, | 4975 |
bond before the confirmation of the sale. | 4976 |
Sec. 2111.31. If the report of the appraisers under section | 4977 |
2111.30 of the Revised Code is favorable to the lease and on the | 4978 |
final hearing the court is of the opinion that it will be to the | 4979 |
advantage of the ward, those whom | 4980 |
to support, or the estate to lease the real | 4981 |
probate court shall make an order authorizing the lease to be made | 4982 |
by public or private letting, as it | 4983 |
the terms, covenants, conditions, and stipulations, either in | 4984 |
accordance with those set forth in the petition or otherwise, | 4985 |
that it directs, provided | 4986 |
and stipulations are not less favorable to the ward than those | 4987 |
reported by the appraisers. The lease shall not take effect until | 4988 |
4989 | |
lease are approved and confirmed. | 4990 |
| 4991 |
court order | 4992 |
be made by the tenant as part of the rent, or by the guardian, | 4993 |
either out of the rent or other means of the ward as the court | 4994 |
directs. | 4995 |
If the lease is for the mining or removal of mineral or other | 4996 |
substances and the guardian is unable to lease the lands upon the | 4997 |
terms ordered, | 4998 |
and | 4999 |
the customary royalty in the vicinity of | 5000 |
Sec. 2111.33. (A) A guardian may use the moneys and personal | 5001 |
5002 | |
ward's real | 5003 |
probate court in which | 5004 |
containing the following: | 5005 |
| 5006 |
| 5007 |
petition is filed; | 5008 |
| 5009 |
5010 |
| 5011 |
| 5012 |
so improved; | 5013 |
| 5014 |
property; | 5015 |
| 5016 |
whether the improvement should be made; | 5017 |
| 5018 |
so much of | 5019 |
that is necessary to make | 5020 |
| 5021 |
is incompetency, whether | 5022 |
temporary, or confirmed, and its duration; | 5023 |
| 5024 |
ward, including the spouse and those known to be residents of the | 5025 |
county who have the next estate of inheritance from the ward. All | 5026 |
5027 | |
defendants and notified of the pendency and prayer of the petition | 5028 |
in
| 5029 |
(B) If the property is so situated that, to the best | 5030 |
interests of the ward's estate, it can be advantageously improved | 5031 |
in connection with the improvement of property adjacent to it, the | 5032 |
petition shall show this and have a prayer | 5033 |
to so improve the property. | 5034 |
Sec. 2111.34. Upon the filing of the petition described in | 5035 |
section 2111.33 of the Revised Code, | 5036 |
shall be had as to pleadings and proof as on petition by a | 5037 |
guardian to sell the real | 5038 |
2127.01 to 2127.43 | 5039 |
court shall appoint three disinterested freeholders of the county | 5040 |
as commissioners to examine the premises to be improved, to | 5041 |
examine the surroundings, and to report to the court their opinion | 5042 |
whether the improvement proposed will be advantageous to the | 5043 |
estate of the ward. | 5044 |
Sec. 2111.35. On the final hearing of a guardian's | 5045 |
proceeding to improve the real | 5046 |
guardian's ward, if the prayer of the petition is granted, the | 5047 |
probate court shall fix the amount of money and personal | 5048 |
property that may be used in making | 5049 |
court may authorize | 5050 |
adjacent property, upon | 5051 |
that the court approves, for the improvement of the premises of | 5052 |
5053 | |
property when so improved. | 5054 |
Sec. 2111.36. A guardian shall distinctly report to the | 5055 |
probate court the amount of money and personal property expended | 5056 |
in making an improvement to the ward's real property under section | 5057 |
2111.35 of the Revised Code, within forty days after the | 5058 |
improvement is completed. If the ward dies before the removal of | 5059 |
the disability and there are heirs who inherit real property only | 5060 |
from
| 5061 |
the same manner as | 5062 |
shall be a charge on the premises improved in favor of the heirs | 5063 |
who inherit the personal property. | 5064 |
Sec. 2111.37. | 5065 |
person confined in a state, charitable, or correctional | 5066 |
institution has real | 5067 |
credits, | 5068 |
probate court of the county in which the property or a part of it | 5069 |
is situated may appoint a resident guardian of the ward to manage, | 5070 |
collect, lease, and take care of the ward's property. The | 5071 |
appointment may be made whether or not a ward has a guardian, | 5072 |
trustee, or other conservator in the state of the ward's | 5073 |
residence, and, if the ward has a guardian, trustee, or other | 5074 |
conservator in the state of the ward's residence, the control and | 5075 |
authority of the resident guardian appointed in | 5076 |
shall be superior as to all property of the ward in | 5077 |
state. | 5078 |
The first appointment of a resident guardian of a nonresident | 5079 |
ward shall extend to all the property and effects of the ward in | 5080 |
this state and exclude the jurisdiction of the probate court of | 5081 |
any other county. | 5082 |
Sec. 2111.38. The resident guardian of a nonresident ward | 5083 |
shall give bond and be bound and controlled by all the statutes of | 5084 |
5085 | |
of a ward resident in this state, and shall have all of the | 5086 |
authority of a guardian of a resident ward including the authority | 5087 |
to lease or sell real | 5088 |
Unless removed by the probate court, a resident guardian of a | 5089 |
nonresident minor shall hold | 5090 |
minor dies or arrives at the age of majority, whether or not | 5091 |
the minor is over fourteen years of age at the time of | 5092 |
appointment. A resident guardian of any other nonresident ward | 5093 |
shall hold | 5094 |
until the court is satisfied that the necessity for the | 5095 |
guardianship no longer exists. | 5096 |
All moneys due to | 5097 |
resident guardianship continues shall be paid over to | 5098 |
ward's foreign guardian so far as necessary or proper for the | 5099 |
ward's support and maintenance. If the ward dies, | 5100 |
shall be paid to | 5101 |
legal representative, provided that the court | 5102 |
5103 | |
section 2111.39 of the Revised Code, of the authority of | 5104 |
foreign guardian, administrator, or other legal representative to | 5105 |
receive the moneys or | 5106 |
ward, that the security given by | 5107 |
administrator, or other legal representative is sufficient to | 5108 |
protect | 5109 |
the court | 5110 |
ward's estate. | 5111 |
Sec. 2111.39. When a foreign legal representative of a | 5112 |
nonresident ward applies to have all or any of the moneys or | 5113 |
property in the | 5114 |
resident guardian of | 5115 |
foreign representative, | 5116 |
file
| 5117 |
the resident guardian was appointed. | 5118 |
5119 | |
5120 | |
representative | 5121 |
seal of the office, if there | 5122 |
the state of | 5123 |
all the entries on record in relation to | 5124 |
representative's appointment and qualification, authenticated as | 5125 |
required by the act of congress in | 5126 |
hearing | 5127 |
5128 | |
ward or | 5129 |
Sec. 2111.40. | 5130 |
guardian was appointed has become a resident since the appointment | 5131 |
and a guardian has been appointed for | 5132 |
court shall remove the resident guardian previously appointed and | 5133 |
require an immediate settlement of | 5134 |
guardian previously appointed. | 5135 |
Sec. 2111.41. | 5136 |
appointed in this state removes to another state or territory, and | 5137 |
a guardian of the ward is there appointed, the guardian in this | 5138 |
state may be removed and required to settle | 5139 |
account. | 5140 |
| 5141 |
be made unless the guardian appointed in another state or | 5142 |
territory applies to the probate court in this state that made the | 5143 |
former appointment | 5144 |
of the court making the foreign appointment containing all the | 5145 |
entries and proceedings relating to | 5146 |
appointment | 5147 |
and of the letters of guardianship, all authenticated as required | 5148 |
by the act of congress. Before | 5149 |
action taken by the court, at least thirty days' written notice | 5150 |
shall be served on the guardian appointed in this state specifying | 5151 |
the object of the application | 5152 |
No | 5153 |
made in favor of a foreign guardian, unless at the time of the | 5154 |
hearing the state or territory in which | 5155 |
was appointed has a similar provision as to wards removing from | 5156 |
that state or territory. The court shall grant the application | 5157 |
unless it makes an affirmative finding that the removal of the | 5158 |
guardian appointed in this state would not be in the interest of | 5159 |
the ward. | 5160 |
If on | 5161 |
shall make all suitable orders for discharging the guardian and | 5162 |
shall deliver to the foreign guardian all moneys and other | 5163 |
property in the | 5164 |
resident guardian after | 5165 |
Sec. 2111.44. Applications for the sale of real | 5166 |
property by guardians of wards who live out of this state shall be | 5167 |
made in the county in which the land is situated. If | 5168 |
5169 | |
application shall be made in one of the counties in which a part | 5170 |
of it is situated. Additional security | 5171 |
by the probate court of the county in which the application is | 5172 |
made | 5173 |
considered necessary. | 5174 |
Sec. 2111.46. When a guardian has been appointed for a minor | 5175 |
before | 5176 |
guardian's power shall continue until the ward arrives at the age | 5177 |
of majority, unless removed for good cause or unless | 5178 |
selects another suitable guardian. After | 5179 |
made and approved by the probate court and the person selected is | 5180 |
appointed and qualified, the powers of the former guardian shall | 5181 |
cease. | 5182 |
guardian shall then be filed and settled in court. | 5183 |
Upon the termination of a guardianship of the person, estate, | 5184 |
or both of a minor before | 5185 |
age, if a successor guardian is not appointed and if the court | 5186 |
finds that | 5187 |
certify a copy of its finding together with as much of the record | 5188 |
and | 5189 |
necessary, or as the juvenile court may request, to the juvenile | 5190 |
court for further proceedings
| 5191 |
certification, the juvenile court shall have exclusive | 5192 |
jurisdiction respecting | 5193 |
Sec. 2111.48. All sales, leases, encumbrances, or liens made | 5194 |
or created on any real | 5195 |
by guardians for persons who are incompetent by reason of advanced | 5196 |
age or mental or physical disability since August 17, 1919, by | 5197 |
order of any court of this state shall not be declared invalid for | 5198 |
the reason that | 5199 |
vested with all the statutory powers given to guardians of | 5200 |
5201 | |
for incompetents are legal and effective. | 5202 |
Sec. 2111.50. (A)(1) At all times, the probate court is the | 5203 |
superior guardian of wards who are subject to its jurisdiction, | 5204 |
and all guardians who are subject to the jurisdiction of the court | 5205 |
shall obey all orders of the court that concern their wards or | 5206 |
guardianships. | 5207 |
(2)(a) Subject to divisions (A)(2)(b) and (c) of this | 5208 |
section, the control of a guardian over the person, the estate, or | 5209 |
both of | 5210 |
is granted to the guardian by the Revised Code, relevant decisions | 5211 |
of the courts of this state, and orders or rules of the probate | 5212 |
court. | 5213 |
(b) Except for the powers specified in division (E) of this | 5214 |
section and unless otherwise provided in or inconsistent with | 5215 |
another section of the Revised Code, the probate court may confer | 5216 |
upon a guardian any power that this section grants to the probate | 5217 |
court in connection with wards. | 5218 |
(c) For good cause shown, the probate court may limit or | 5219 |
deny, by order or rule, any power that is granted to a guardian by | 5220 |
a section of the Revised Code or relevant decisions of the courts | 5221 |
of this state. | 5222 |
(B) In connection with any person whom the probate court has | 5223 |
found to be an incompetent or a minor subject to guardianship and | 5224 |
for whom the court has appointed a guardian, the court has, | 5225 |
subject to divisions (C) to (E) of this section, all the powers | 5226 |
that relate to the person and estate of the | 5227 |
5228 | |
disability, except the power to make or revoke a will. These | 5229 |
powers include, but are not limited to, the power to do any of the | 5230 |
following: | 5231 |
(1) Convey or release the present, contingent, or expectant | 5232 |
interests in real or personal property of the | 5233 |
including, but not limited to, dower and any right of survivorship | 5234 |
incident to a survivorship tenancy, joint tenancy, or tenancy by | 5235 |
the entireties; | 5236 |
(2) Exercise or release powers as a trustee, personal | 5237 |
representative, custodian for a minor, guardian, or donee of a | 5238 |
power of appointment; | 5239 |
(3) Enter into contracts, or create revocable trusts of | 5240 |
property of the estate of the | 5241 |
beyond the minority, disability, or life of the | 5242 |
(4) Exercise options to purchase securities or other | 5243 |
property; | 5244 |
(5) Exercise rights to elect options under annuities and | 5245 |
insurance policies, and to surrender an annuity or insurance | 5246 |
policy for its cash value; | 5247 |
(6) Exercise the right to an elective share in the estate of | 5248 |
the deceased spouse of the | 5249 |
2106.08 of the Revised Code; | 5250 |
(7) Make gifts, in trust or otherwise, to relatives of the | 5251 |
5252 | |
ward of giving to charities or of providing support for friends, | 5253 |
to charities and friends of the | 5254 |
(C) Except for the powers specified in division (D) of this | 5255 |
section, all powers of the probate court that are specified in | 5256 |
this chapter and that relate either to any person whom it has | 5257 |
found to be an incompetent or a minor subject to guardianship and | 5258 |
for whom it has appointed a guardian and all powers of a guardian | 5259 |
that relate to | 5260 |
described in division (A)(2) of this section, shall be exercised | 5261 |
in the best interest, as determined in the court's or guardian's | 5262 |
judgment, of the following: | 5263 |
(1) The | 5264 |
incompetent or a minor subject to guardianship; | 5265 |
(2) The dependents of the | 5266 |
(3) The members of the household of the | 5267 |
(D) If the court is to exercise or direct the exercise, | 5268 |
pursuant to division (B) of this section, of the power to make | 5269 |
gifts in trust or otherwise, the following conditions shall apply: | 5270 |
(1) The exercise of the particular power shall not impair the | 5271 |
financial ability of the estate of the | 5272 |
probate court has found to be an incompetent or a minor subject to | 5273 |
guardianship and for whom the court has appointed a guardian, to | 5274 |
provide for | 5275 |
care; | 5276 |
(2) If applicable, the court shall consider any of the | 5277 |
following: | 5278 |
(a) The estate, income, and other tax advantages of the | 5279 |
exercise of a particular power to the estate of a | 5280 |
the probate court has found to be an incompetent or a minor | 5281 |
subject to guardianship and for whom the court has appointed a | 5282 |
guardian; | 5283 |
(b) Any pattern of giving of, or any pattern of support | 5284 |
provided by, the | 5285 |
(c) The disposition of property made by the ward's will | 5286 |
5287 |
(d) If there is no knowledge of a will of the | 5288 |
5289 |
(e) Any relevant and trustworthy statements of the | 5290 |
ward, whether established by hearsay or other evidence. | 5291 |
(E)(1) The probate court shall cause notice as described in | 5292 |
division (E)(2) of this section to be given and a hearing to be | 5293 |
conducted prior to its exercise or direction of the exercise of | 5294 |
any of the following powers pursuant to division (B) of this | 5295 |
section: | 5296 |
(a) The exercise or release of powers as a donee of a power | 5297 |
of appointment; | 5298 |
(b) Unless the amount of the gift is no more than one | 5299 |
thousand dollars, the making of a gift, in trust or otherwise. | 5300 |
(2) The notice required by division (E)(1) of this section | 5301 |
shall be given to the following persons: | 5302 |
(a) Unless a guardian of a ward has applied for the exercise | 5303 |
of a power specified in division (E)(1) of this section, to the | 5304 |
guardian; | 5305 |
(b) To the | 5306 |
an incompetent or a minor subject to guardianship; | 5307 |
(c) If known, to a guardian who applied for the exercise of a | 5308 |
power specified in division (E)(1) of this section, to the | 5309 |
prospective heirs of the | 5310 |
found to be an incompetent or a minor subject to guardianship | 5311 |
under section 2105.06 of the Revised Code, and any person who has | 5312 |
a legal interest in property that may be divested or limited as | 5313 |
the result of the exercise of a power specified in division (E)(1) | 5314 |
of this section; | 5315 |
(d) To any other persons the court orders. | 5316 |
(F) When considering any question related to, and issuing | 5317 |
orders for, medical or surgical care or treatment of incompetents | 5318 |
or minors subject to guardianship, the probate court has full | 5319 |
parens patriae powers unless otherwise provided by a section of | 5320 |
the Revised Code. | 5321 |
Sec. 2113.01. Upon the death of a resident of this state who | 5322 |
dies intestate, letters of administration of | 5323 |
estate shall be granted by the probate court of the county in | 5324 |
which | 5325 |
If the will of any person is admitted to probate in this | 5326 |
state, letters testamentary or of administration shall be granted | 5327 |
by the probate court in which | 5328 |
probate. | 5329 |
Sec. 2113.03. (A) Subject to division | 5330 |
section, an estate may be released from administration under | 5331 |
division (B) of this section if either of the following applies: | 5332 |
(1) The value of the assets of the estate is thirty-five | 5333 |
thousand dollars or less. | 5334 |
(2) The value of the assets of the estate is one hundred | 5335 |
thousand dollars or less and either of the following applies: | 5336 |
(a) The decedent devised and bequeathed in a valid will all | 5337 |
of the assets of the decedent's estate to a person who is named in | 5338 |
the will as the decedent's spouse, and the decedent is survived by | 5339 |
that person. | 5340 |
(b) The decedent is survived by a spouse whose marriage to | 5341 |
the decedent was solemnized in a manner consistent with Chapter | 5342 |
3101. of the Revised Code or with a similar law of another state | 5343 |
or nation, the decedent died without a valid will, and the | 5344 |
decedent's surviving spouse is entitled to receive all of the | 5345 |
assets of the decedent's estate under section 2105.06 of the | 5346 |
Revised Code or by the operation of that section and division | 5347 |
(B)(1) or (2) of section 2106.13 of the Revised Code. | 5348 |
(B) Upon the application of any interested party, after | 5349 |
notice of the filing of the application has been given to the | 5350 |
surviving spouse and heirs at law in the manner and for the length | 5351 |
of time the probate court directs, and after notice to all | 5352 |
interested parties by publication in a newspaper of general | 5353 |
circulation in the county, unless the notices are waived or found | 5354 |
unnecessary, the court, when satisfied that division (A)(1) or (2) | 5355 |
of this section is satisfied, may enter an order relieving the | 5356 |
estate from administration and directing delivery of personal | 5357 |
property and transfer of real | 5358 |
entitled to the personal property or real | 5359 |
(C) For the purposes of this section, the value of an estate | 5360 |
that reasonably can be considered to be in an amount specified in | 5361 |
division (A)(1) or (2) of this section and that is not composed | 5362 |
entirely of money, stocks, bonds, or other property the value of | 5363 |
which is readily ascertainable, shall be determined by an | 5364 |
appraiser selected by the applicant, subject to the approval of | 5365 |
the court. The appraiser's valuation of the property shall be | 5366 |
reported to the court in the application to relieve the estate | 5367 |
from administration. The appraiser shall be paid in accordance | 5368 |
with section 2115.06 of the Revised Code. | 5369 |
(D) For the purposes of this section, the amount of property | 5370 |
to be delivered or transferred to the surviving spouse, minor | 5371 |
children, or both, of the decedent as the allowance for support | 5372 |
shall be established in accordance with section 2106.13 of the | 5373 |
Revised Code. | 5374 |
| 5375 |
5376 | |
5377 | |
execute all necessary instruments of conveyance, including the | 5378 |
instruments of conveyance and other documents required for the | 5379 |
transfer of title upon the sale of real property pursuant to | 5380 |
section 2127.011 of the Revised Code. The commissioner shall | 5381 |
receipt for the property, distribute the proceeds of the | 5382 |
conveyance upon court order, and report to the court after | 5383 |
5384 | |
property from an estate that has been relieved from | 5385 |
administration. | 5386 |
| 5387 |
presented for probate, and, if admitted to probate, the court may | 5388 |
relieve the estate from administration and order distribution of | 5389 |
the estate under the will. | 5390 |
(G) An order of the court relieving an estate from | 5391 |
administration shall have the same effect as administration | 5392 |
proceedings in freeing | 5393 |
or under the control of an innocent purchaser for value from | 5394 |
possible claims of unsecured creditors. | 5395 |
| 5396 |
5397 | |
administration is made subject to the limitations pertaining to | 5398 |
the claims of creditors set forth in divisions (B) and (C) of | 5399 |
section 2117.06 of the Revised Code. | 5400 |
| 5401 |
this section does not affect any duty of any person to file an | 5402 |
estate tax return and certificate under division (A) of section | 5403 |
5731.21 of the Revised Code and does not affect the duties of a | 5404 |
probate court set forth in that division. | 5405 |
| 5406 |
persons to file an application for a summary release from | 5407 |
administration under section 2113.031 of the Revised Code or to | 5408 |
file an application for the grant of letters testamentary or | 5409 |
letters of administration. | 5410 |
Sec. 2113.04. (A) Any employer, including the state or a | 5411 |
political subdivision, at any time after the death of | 5412 |
an employee, may pay all wages or personal earnings due to the | 5413 |
deceased employee to | 5414 |
5415 | |
5416 | |
preference being given in the order named, without requiring | 5417 |
letters testamentary or letters of administration to be issued | 5418 |
upon the estate of the deceased employee, and without requiring an | 5419 |
Ohio estate tax release | 5420 |
not exceed | 5421 |
(1) The surviving spouse; | 5422 |
(2) Any one or more of the children eighteen years of age or | 5423 |
older; | 5424 |
(3) The father or mother of the deceased employee. | 5425 |
(B) The payment of wages or personal earnings under division | 5426 |
(A) of this section is a full discharge and release to the | 5427 |
employer from any claim for the wages or personal earnings. If | 5428 |
letters testamentary or letters of administration are thereafter | 5429 |
issued upon the estate of the deceased employee, any person | 5430 |
receiving payment of wages or personal earnings under | 5431 |
that division is liable to the executor or administrator for the | 5432 |
sum received by
| 5433 |
Sec. 2113.05. When a will is approved and allowed, the | 5434 |
probate court shall issue letters testamentary to the executor | 5435 |
named in the will or to the executor nominated by holders of a | 5436 |
power as described in section 2107.65 of the Revised Code, or to | 5437 |
the executor named in the will and to a coexecutor nominated by | 5438 |
holders of | 5439 |
suitable, competent, accepts the appointment, and gives bond if | 5440 |
that is required. | 5441 |
If no executor is named in a will and no power as described | 5442 |
in section 2107.65 of the Revised Code is conferred in the will, | 5443 |
or if the executor named in a will or nominated pursuant to | 5444 |
that power dies, fails to accept the appointment, resigns, or is | 5445 |
otherwise disqualified and the holders of | 5446 |
have authority to nominate another executor or | 5447 |
is not conferred in the will, or if | 5448 |
in a will but the power cannot be exercised because of the death | 5449 |
of a holder of the power, letters of administration with the will | 5450 |
annexed shall be granted to a suitable person or persons, named as | 5451 |
devisees or legatees in the will, who would have been entitled to | 5452 |
administer the estate if the decedent had died intestate, unless | 5453 |
the will indicates an intention that the person or persons shall | 5454 |
not be granted letters of administration. Otherwise, the court | 5455 |
shall grant letters of administration with the will annexed to | 5456 |
some other suitable person. | 5457 |
Sec. 2113.06. (A) Administration of the estate of an | 5458 |
intestate shall be granted to persons mentioned in this | 5459 |
division, in the following order: | 5460 |
| 5461 |
of the state; | 5462 |
| 5463 |
the state. | 5464 |
(B) If the persons entitled to administer the estate under | 5465 |
division (A) of this section fail to take or renounce | 5466 |
administration voluntarily, | 5467 |
5468 | |
notice given to the persons. | 5469 |
(C) If there are no persons entitled to administration, | 5470 |
they are for any reason unsuitable for the discharge of the trust, | 5471 |
or if without sufficient cause they neglect to apply within a | 5472 |
reasonable time for the administration of the estate, their right | 5473 |
to priority shall be lost, and the court shall commit the | 5474 |
administration to some suitable person who is a resident of the | 5475 |
state, or to the attorney general or the attorney general's | 5476 |
designee, if the department of job and family services is seeking | 5477 |
to recover medical assistance from the deceased pursuant to | 5478 |
section 5111.11 or 5111.111 of the Revised Code. | 5479 |
granted administration may be a creditor of the estate. | 5480 |
(D) This section applies to the appointment of an | 5481 |
administrator de bonis non. | 5482 |
Sec. 2113.07. Before being appointed executor or | 5483 |
administrator, every person shall make and file an application | 5484 |
that shall contain the names of the surviving spouse and all the | 5485 |
next of kin of the deceased known to the applicant, their | 5486 |
5487 | |
general terms
| 5488 |
probable value, and a statement of any indebtedness the deceased | 5489 |
had against the applicant. | 5490 |
The application may be accompanied by a waiver signed by the | 5491 |
persons who have priority to administer the estate, and, in the | 5492 |
absence of a waiver, those persons shall be | 5493 |
5494 | |
desire to take or renounce administration. Minors who would have | 5495 |
been entitled to priority to administer the estate except for | 5496 |
their minority also shall be served notice pursuant to the Rules | 5497 |
of Civil Procedure. | 5498 |
Letters of administration shall not be issued upon the estate | 5499 |
of an intestate until the person to be appointed has made and | 5500 |
filed a statement indicating that | 5501 |
has no knowledge of a | 5502 |
Sec. 2113.12. If a person named as executor in the will of a | 5503 |
decedent, or nominated as an executor by holders of a power as | 5504 |
described in section 2107.65 of the Revised Code, refuses to | 5505 |
accept the trust, or, if after being | 5506 |
purpose, neglects to appear and accept, or if | 5507 |
or nominated as executor neglects for twenty days after the | 5508 |
probate of the will to give any required bond, the probate court | 5509 |
shall grant letters testamentary to the other executor, if there | 5510 |
is one capable and willing to accept the trust, and if there is no | 5511 |
5512 | |
power as described in section 2107.65 of the Revised Code, the | 5513 |
court shall commit administration of the estate, with the will | 5514 |
annexed, to some suitable and competent person, pursuant to | 5515 |
section 2113.05 of the Revised Code. | 5516 |
Sec. 2113.13. When a person | 5517 |
is under the age of eighteen years at the time of | 5518 |
admitting the will to probate, administration may be granted with | 5519 |
the will annexed during | 5520 |
is another executor who will accept the trust. If there is | 5521 |
that other executor, the estate shall be administered by | 5522 |
executor until the minor arrives at full age when | 5523 |
minor may be admitted as executor | 5524 |
provided in section 2109.04 of the Revised Code. | 5525 |
Sec. 2113.14. The executor of an executor has no authority, | 5526 |
as such, to administer the estate of the first testator. On the | 5527 |
death of the sole or surviving executor of a | 5528 |
administration of that part of the estate of the first testator | 5529 |
not already administered may be granted, with the will annexed, to | 5530 |
5531 |
Sec. 2113.15. When there is delay in granting letters | 5532 |
testamentary or of administration, the probate court may appoint a | 5533 |
special administrator to collect and preserve the effects of the | 5534 |
deceased and grant the special administrator any other authority | 5535 |
that the court considers appropriate. | 5536 |
| 5537 |
5538 | |
the executor or administrator who thereafter is appointed. For | 5539 |
that purpose | 5540 |
maintain, or defend suits as administrator and also sell | 5541 |
5542 | |
administrator shall be allowed | 5543 |
special administrator's services | 5544 |
reasonable, if | 5545 |
5546 | |
special administrator faithfully fulfills the fiduciary duties. | 5547 |
Sec. 2113.16. Upon granting of letters testamentary or of | 5548 |
administration, the power of a special administrator appointed | 5549 |
under section 2113.15 of the Revised Code shall | 5550 |
and | 5551 |
transfer to the executor or administrator all the | 5552 |
5553 | |
the control of the special administrator. The special | 5554 |
administrator shall file an account of the special administration | 5555 |
within thirty days of the appointment of the executor or | 5556 |
administrator. The account shall be in conformance with section | 5557 |
2109.30 of the Revised Code. The executor or administrator may be | 5558 |
admitted to prosecute any suit begun by the special administrator, | 5559 |
as an administrator de bonis non is authorized to prosecute a suit | 5560 |
commenced by a former executor or administrator. | 5561 |
If | 5562 |
5563 | |
executor or administrator, the probate court may compel
| 5564 |
5565 | |
administrator also may proceed, by civil action, to recover the | 5566 |
value of the assets from | 5567 |
the special administrator's sureties. | 5568 |
Sec. 2113.17. A creditor's claim may be presented in | 5569 |
accordance with section 2117.06 of the Revised Code to a special | 5570 |
administration appointed under section 2113.15 of the Revised | 5571 |
Code. | 5572 |
Sec. 2113.18. (A) The probate court may remove any executor | 5573 |
or administrator if there are unsettled claims existing between | 5574 |
5575 | |
court thinks may be the subject of controversy or litigation | 5576 |
between
| 5577 |
persons interested | 5578 |
(B) The probate court may remove any executor or | 5579 |
administrator upon motion of the surviving spouse, children, or | 5580 |
other next of kin of the deceased person whose estate is | 5581 |
administered by the executor or administrator if both of the | 5582 |
following apply: | 5583 |
(1) The executor or administrator refuses to bring an action | 5584 |
for wrongful death in the name of the deceased person | 5585 |
(2) The court determines that a prima-facie case for a | 5586 |
wrongful death action can be made from the information available | 5587 |
to the executor or administrator. | 5588 |
Sec. 2113.19. When a sole executor or administrator dies | 5589 |
without having fully administered the estate, the probate court | 5590 |
shall grant letters of administration, with the will annexed or | 5591 |
otherwise as the case requires, to some suitable person pursuant | 5592 |
to section 2113.05 or 2113.06 of the Revised Code. | 5593 |
person shall administer the | 5594 |
deceased not previously administered | 5595 |
5596 | |
5597 |
Sec. 2113.20. If a will of a deceased is proved and allowed | 5598 |
after letters of administration have been granted as of an | 5599 |
intestate estate, the first administration shall be revoked, | 5600 |
unless before | 5601 |
the probate of | 5602 |
5603 | |
filed, the probate court may allow the administration to be | 5604 |
continued | 5605 |
final determination of | 5606 |
the first administration | 5607 |
upon revocation of the first administration and the appointment of | 5608 |
an executor or administrator with the will annexed, | 5609 |
executor or administrator shall be admitted to prosecute or defend | 5610 |
any suit, proceeding, or matter begun by or against the original | 5611 |
administrator, in | 5612 |
bonis non is authorized to prosecute or defend a suit commenced by | 5613 |
a former executor or administrator. | 5614 |
Sec. 2113.21. (A) When a will is contested, the executor, the | 5615 |
administrator de bonis non, with the will annexed, or the | 5616 |
testamentary trustee may, during the contest, do the following: | 5617 |
| 5618 |
5619 | |
5620 | |
contest; | 5621 |
| 5622 |
except those | 5623 |
| 5624 |
and all debts; | 5625 |
| 5626 |
necessary to preserve the real property from waste; | 5627 |
| 5628 |
obtained from the probate court having jurisdiction of | 5629 |
executor, administrator, or testamentary trustee; | 5630 |
| 5631 |
estate for | 5632 |
be a charge | 5633 |
| 5634 |
estate or trust to which | 5635 |
entitled, if living. | 5636 |
(B) The court may require | 5637 |
time to time | 5638 |
Sec. 2113.22. An | 5639 |
appointed in the place of an executor or administrator who has | 5640 |
resigned or been removed, whose letters have been revoked, or | 5641 |
whose authority has been extinguished is entitled to the | 5642 |
possession of all the unadministered personal effects and assets | 5643 |
of the estate
| 5644 |
unaccounted for by | 5645 |
may maintain a suit against the former executor or administrator | 5646 |
and | 5647 |
administration bond to recover | 5648 |
funds and for all damages arising from the maladministration or | 5649 |
omissions of the former executor or administrator. | 5650 |
Sec. 2113.25. | 5651 |
5652 | |
the assets and complete the administration of that estate within | 5653 |
5654 | |
extension of the time to file a final and distributive account is | 5655 |
authorized under division (B) of section 2109.301 of the Revised | 5656 |
Code. | 5657 |
| 5658 |
5659 | |
5660 | |
5661 | |
5662 | |
5663 | |
5664 | |
5665 | |
5666 | |
5667 | |
of the time to file the inventory and accounts. | 5668 |
Sec. 2113.26. The court, upon application of any interested | 5669 |
party, may authorize the examination of the executor or | 5670 |
administrator under oath in open court on any matter relating to | 5671 |
the administration of the estate. | 5672 |
Sec. 2113.30. (A) Except as otherwise directed by the | 5673 |
decedent in the decedent's | 5674 |
administrator, without personal liability for losses incurred, may | 5675 |
continue the decedent's business during four months next following | 5676 |
the date of the appointment of that executor or administrator, | 5677 |
unless the probate court directs otherwise, and for any further | 5678 |
time that the court may authorize upon a hearing and after notice | 5679 |
to the surviving spouse and distributees. In either case, no debts | 5680 |
incurred or contracts entered into shall involve the estate beyond | 5681 |
the assets used in that business immediately prior to the death of | 5682 |
the decedent without first obtaining the approval of the court. | 5683 |
During the time the business is continued, the executor or | 5684 |
administrator shall file monthly reports in the court, setting | 5685 |
forth the receipts and expenses of the business for the preceding | 5686 |
month and any other pertinent information that the court may | 5687 |
require. The executor or administrator may not bind the estate | 5688 |
without court approval beyond the period during which the business | 5689 |
is continued. | 5690 |
(B) As used in this section, "decedent's business" means a | 5691 |
business that is owned by the decedent as a sole proprietor at the | 5692 |
time of the decedent's death. "Decedent's business" does not | 5693 |
include a business that is owned in whole or in part by the | 5694 |
decedent as a shareholder of a corporation, a member of a limited | 5695 |
liability company, or a partner of a partnership, or under any | 5696 |
other form of ownership other than a sole proprietorship. | 5697 |
Sec. 2113.31. Every executor or administrator is chargeable | 5698 |
with all
| 5699 |
5700 | |
of the executor or administrator and are to be administered, | 5701 |
although not included in the inventory required by section 2115.02 | 5702 |
of the Revised Code. | 5703 |
chargeable with all the proceeds of personal property and real | 5704 |
5705 | |
the interest, profit, and income that in any way comes | 5706 |
5707 | |
administrator from the personal
| 5708 |
Sec. 2113.311. (A) If, within a reasonable time after the | 5709 |
appointment of the executor or administrator, no one in authority | 5710 |
has taken over the management and rental of any real | 5711 |
property of which the decedent died seized, the executor or | 5712 |
administrator, or an heir or devisee may, unless the will | 5713 |
otherwise provides, make application to the probate court for an | 5714 |
order authorizing the executor or administrator to assume | 5715 |
those duties. | 5716 |
(1) A brief statement of the facts upon which the application | 5717 |
is based and | 5718 |
court may require; | 5719 |
(2) A description or identification of the real | 5720 |
property and the interest owned by the decedent at the time of | 5721 |
death; | 5722 |
(3) The names and addresses, if known to the applicant, of | 5723 |
the persons to whom | 5724 |
descent or devise. | 5725 |
(B) Notice of the time of hearing on | 5726 |
shall be given to the persons designated in | 5727 |
(A)(3) of this section, unless for good cause the court dispenses | 5728 |
with
| 5729 |
unless the executor or administrator is the applicant. | 5730 |
(C) If the court finds that the statements contained in the | 5731 |
application are true and that it would be for the best interest of | 5732 |
5733 | |
may authorize the executor or administrator to assume the | 5734 |
management and rental of | 5735 |
(D) The court may require bond, new or additional, in an | 5736 |
amount to be fixed by the court and conditioned that the executor | 5737 |
or administrator will faithfully and honestly discharge the duties | 5738 |
devolving | 5739 |
| 5740 |
this section, the executor or administrator shall be authorized to | 5741 |
do the following: | 5742 |
(1) Collect rents; | 5743 |
(2) From the rents collected: | 5744 |
(a) Pay all taxes and assessments due on | 5745 |
property, and all | 5746 |
5747 |
(b) Make repairs when necessary to preserve | 5748 |
5749 | |
shall first be obtained if the cost of | 5750 |
hundred dollars; | 5751 |
(c) Insure buildings against loss by fire or other casualty | 5752 |
and against public liability | 5753 |
(3) Advance money upon an order first obtained from the | 5754 |
court, for | 5755 |
operating expenses | 5756 |
5757 |
(4) Rent the property on a month-to-month basis, or, upon an | 5758 |
order first obtained from the court, for a period not to exceed | 5759 |
one year; | 5760 |
(5) Prosecute actions for forcible entry and | 5761 |
detainer of
| 5762 |
(F) The executor or administrator shall, at intervals not to | 5763 |
exceed twelve months, pay over to the heirs or devisees, if known, | 5764 |
their share of the net rents, and shall account for all money | 5765 |
received and paid out under authority of this section in
| 5766 |
executor's or administrator's regular accounts of the | 5767 |
administration of the estate, but in a separate schedule. If any | 5768 |
share of the net rents remains unclaimed, it may be disposed of in | 5769 |
the same manner as | 5770 |
2113.64 of the Revised Code. | 5771 |
(G) The authority granted under this section shall terminate | 5772 |
upon the transfer of the real | 5773 |
devisees in accordance with section 2113.61 of the Revised Code, | 5774 |
5775 | |
of the executor or administrator, or for a good cause shown, upon | 5776 |
the application of an heir or devisee. | 5777 |
(H) Upon application the court may allow compensation to the | 5778 |
executor or administrator for extraordinary services | 5779 |
shall be charged against the rents, and if | 5780 |
insufficient, shall be a charge against | 5781 |
property. | 5782 |
Upon application the court may allow reasonable attorney fees | 5783 |
paid by the executor or administrator when an attorney is employed | 5784 |
in connection with the management and rental of | 5785 |
5786 | |
and if
| 5787 |
against | 5788 |
Sec. 2113.33. An executor or administrator is not | 5789 |
accountable for debts inventoried as due to the decedent, if it | 5790 |
appears to the probate court that, without | 5791 |
administrator's fault, they remain uncollected. | 5792 |
Sec. 2113.34. If an executor or administrator neglects to | 5793 |
sell personal property | 5794 |
and retains, consumes, or disposes of it for | 5795 |
administrator's own benefit, | 5796 |
shall be charged | 5797 |
the value affixed
| 5798 |
Sec. 2113.35. (A) Executors and administrators shall be | 5799 |
allowed | 5800 |
5801 | |
property, that is received and accounted for by them and upon the | 5802 |
proceeds of real | 5803 |
(1) For the first one hundred thousand dollars, at the rate | 5804 |
of four per cent; | 5805 |
(2) All above one hundred thousand dollars and not exceeding | 5806 |
four hundred thousand dollars, at the rate of three per cent; | 5807 |
(3) All above four hundred thousand dollars, at the rate of | 5808 |
two per cent. | 5809 |
(B) Executors and administrators | 5810 |
5811 | |
property that is not sold. Executors and administrators also shall | 5812 |
be allowed a
| 5813 |
is not subject to administration and that is includable for | 5814 |
purposes of computing the Ohio estate tax, except joint and | 5815 |
survivorship property. | 5816 |
(C) The basis of valuation for the allowance of | 5817 |
5818 | |
gross proceeds of sale, and for all other property the fair market | 5819 |
value of the other property as of the date of death of the | 5820 |
decedent. The
| 5821 |
administrators in this section shall be received in full | 5822 |
compensation for all their ordinary services. | 5823 |
(D) If the probate court finds, after a hearing, that an | 5824 |
executor or administrator, in any respect, has not faithfully | 5825 |
discharged
| 5826 |
may deny the executor or administrator any compensation whatsoever | 5827 |
or may allow the executor or administrator the reduced | 5828 |
compensation that the court thinks proper. | 5829 |
Sec. 2113.36. Allowances, in addition to those provided by | 5830 |
section 2113.35 of the Revised Code for an executor or | 5831 |
administrator, | 5832 |
reasonable shall be made for actual and necessary expenses and for | 5833 |
extraordinary services not required of an executor or | 5834 |
administrator in the common course of | 5835 |
administrator's duties. | 5836 |
Upon the application of an executor or administrator for | 5837 |
further allowances for extraordinary services rendered, the court | 5838 |
shall review both ordinary and extraordinary services claimed to | 5839 |
have been rendered. If the | 5840 |
section 2113.35 of the Revised Code | 5841 |
of | 5842 |
adjust any allowance made for extraordinary services so that the | 5843 |
total
| 5844 |
the reasonable value of both ordinary and extraordinary services. | 5845 |
| 5846 |
of the estate, reasonable attorney fees paid by the executor or | 5847 |
administrator shall be allowed as a part of the expenses of | 5848 |
administration. The court may at any time during administration | 5849 |
fix the amount of | 5850 |
executor or administrator or the attorney, shall fix the amount | 5851 |
5852 | |
deceased for compensation to an executor, the amount provided | 5853 |
shall be a full satisfaction for | 5854 |
administrator's services, in lieu of | 5855 |
5856 | |
the court within four months after | 5857 |
or administrator renounces all claim to the compensation given by | 5858 |
the will. | 5859 |
Sec. 2113.39. If a qualified executor, administrator, or | 5860 |
testamentary trustee is authorized by will or devise to sell any | 5861 |
class of personal property
| 5862 |
order shall be required from the probate court
| 5863 |
the executor, administrator, or testamentary trustee to | 5864 |
5865 | |
power to sell authorizes a sale for any purpose | 5866 |
by
| 5867 |
for the best interest of the estate, unless the power is expressly | 5868 |
limited by | 5869 |
Sec. 2113.40. (A) At any time after the appointment of an | 5870 |
executor or administrator, the probate court, | 5871 |
that it would be for the best interests of the estate, may | 5872 |
authorize
| 5873 |
private sale, at a fixed price or for the best price obtainable, | 5874 |
and for cash or on | 5875 |
any part or all of the personal property belonging to the estate, | 5876 |
except the following: | 5877 |
| 5878 |
desires to take at the appraised value; | 5879 |
| 5880 |
5881 | |
provided that
| 5882 |
the person entitled
| 5883 |
administrators, guardians, and trustees; | 5884 |
| 5885 |
demanded prior to the sale by the surviving spouse or other | 5886 |
beneficiary entitled to | 5887 |
| 5888 |
sold pursuant to a wish expressed by the decedent in | 5889 |
decedent's will; but at any later period, on application of a | 5890 |
party interested, the court may, and for good cause shall, require | 5891 |
5892 |
(B) In case of a sale before expiration of the time within | 5893 |
which the surviving spouse may elect to take at the appraised | 5894 |
value, not less than ten days' notice of | 5895 |
given to the surviving spouse, unless | 5896 |
consents to | 5897 |
5898 |
(C) The court may permit the itemized list of personal | 5899 |
property being sold to be incorporated in documents and records | 5900 |
relating to the sale, by reference to other documents and records | 5901 |
5902 | |
court order shall not be required to permit the public sale of | 5903 |
personal | 5904 |
Sec. 2113.41. (A) Public sales of personal property | 5905 |
as provided in section 2113.40 of the Revised Code shall be at | 5906 |
public auction and, unless otherwise directed by the probate | 5907 |
court, after notice of | 5908 |
following methods: | 5909 |
| 5910 |
newspaper of general circulation in the county during a period of | 5911 |
fifteen days next preceding | 5912 |
| 5913 |
next preceding | 5914 |
township or municipal corporation where | 5915 |
place; | 5916 |
| 5917 |
divisions (A)(1) and (2) of this section. | 5918 |
| 5919 |
in divisions (A)(1) and (2) of this section shall specify | 5920 |
generally the property to be sold and the date, place, and terms | 5921 |
of the sale. The executor or administrator, if considered in the | 5922 |
best interests of the estate, may employ an auctioneer or clerk, | 5923 |
or both, to conduct | 5924 |
charges shall be deducted from the proceeds of the sale. The court | 5925 |
for good cause may extend the time for sale. | 5926 |
Sec. 2113.45. When a mortgagee of real | 5927 |
an assignee of | 5928 |
mortgage, the mortgaged premises and the debts secured | 5929 |
the mortgage shall be considered personal assets in the | 5930 |
possession or under the control of the executor or administrator | 5931 |
of | 5932 |
administered and accounted for as such. | 5933 |
If the mortgagee or assignee did not obtain possession of the | 5934 |
mortgaged premises in | 5935 |
5936 | |
mortgagee or assignee may take possession of the premises by open | 5937 |
and peaceable entry or by action, as the deceased might have done | 5938 |
if living. | 5939 |
Sec. 2113.46. In case of the redemption of a mortgage | 5940 |
belonging to the estate of a decedent, the money paid | 5941 |
on the redemption shall be received by the executor or | 5942 |
administrator, and | 5943 |
shall release and discharge the mortgage. Until | 5944 |
redemption, if the executor, administrator, or decedent has taken | 5945 |
possession of the mortgaged premises, the executor or | 5946 |
administrator | 5947 |
5948 | |
the same persons who would be entitled to the money if the | 5949 |
premises had been redeemed. | 5950 |
Sec. 2113.48. When a person who has entered into a written | 5951 |
contract for the sale and conveyance of an interest in real | 5952 |
property dies before its completion,
| 5953 |
administrator | 5954 |
otherwise dispose of | 5955 |
the purchaser, obtain authority to complete
| 5956 |
filing an application | 5957 |
court of the county in which | 5958 |
appointed. Notice of the time of hearing on | 5959 |
shall be given to the surviving spouse and heirs, if the decedent | 5960 |
died intestate, and to the surviving spouse | 5961 |
legatees having an interest in | 5962 |
died testate. If the court is satisfied that it would be for the | 5963 |
best interests of the estate, it may authorize the executor or | 5964 |
administrator to complete | 5965 |
deliver to the purchaser | 5966 |
to make the order of the court effective. | 5967 |
Sec. 2113.49. When a person who has entered into a written | 5968 |
contract for the sale and conveyance of an interest in real
| 5969 |
property dies before its completion, | 5970 |
administrator of the decedent's estate, | 5971 |
otherwise dispose of the contract, may file a | 5972 |
for the alteration or cancellation of the contract | 5973 |
court of the county in which | 5974 |
appointed, or in which the real | 5975 |
is situated. If the decedent died intestate, the surviving spouse | 5976 |
and heirs, and if the decedent died testate, the surviving spouse | 5977 |
and devisees or legatees having an interest in the contract, | 5978 |
if not the plaintiffs, shall, together with the purchaser, be made | 5979 |
parties defendant. | 5980 |
If, upon hearing, the court is satisfied that it is for the | 5981 |
best interests of the estate, it may, with the consent of the | 5982 |
purchaser, authorize the executor or administrator to agree to the | 5983 |
alteration or cancellation of the contract, and to execute and | 5984 |
deliver to the purchaser the instruments required to make the | 5985 |
order of the court effective. Before making | 5986 |
court shall cause to be secured, to and for the benefit of the | 5987 |
estate of the deceased, its just part of the consideration of the | 5988 |
contract. The instruments executed and delivered pursuant to
| 5989 |
5990 | |
the heirs and other parties in interest, as if made by the | 5991 |
deceased
| 5992 |
Sec. 2113.50. When a person who has entered into a written | 5993 |
contract for the purchase of an interest in real | 5994 |
dies before | 5995 |
person, | 5996 |
estate, | 5997 |
legatee having an interest in | 5998 |
application for authority to complete | 5999 |
probate court of the county in which the executor or administrator | 6000 |
was appointed. Notice of the time of the hearing on | 6001 |
application shall be given to the surviving spouse and heirs, if | 6002 |
the decedent died intestate, and to the surviving spouse | 6003 |
devisees or legatees having an interest in | 6004 |
the decedent died testate, to the executor or administrator, if | 6005 |
not the applicant, and to all other persons having an interest in | 6006 |
6007 | |
If the court is satisfied that it would be for the best interests | 6008 |
of the estate, it may, with the consent of the vendor, authorize | 6009 |
the executor or administrator to complete the contract, pay to the | 6010 |
vendor the amount due on the contract, and authorize a conveyance | 6011 |
of the interest in the real | 6012 |
entitled
| 6013 |
condition of the estate at the time of the hearing does not | 6014 |
warrant the payment out of the estate of the amount due under the | 6015 |
contract, it may authorize the persons entitled to the interest of | 6016 |
the decedent in the contract to pay to the vendor the amount due | 6017 |
on the contract. The real | 6018 |
thereafter be chargeable with the debts of the estate to the | 6019 |
extent of the equitable interest of the estate | 6020 |
property, and may be sold in land sale proceedings, except that in | 6021 |
the event of | 6022 |
property shall have been conveyed shall have a prior lien on the | 6023 |
proceeds as against the estate to the extent of any portion of the | 6024 |
purchase price paid by them. | 6025 |
The executor or administrator, | 6026 |
heir, or any devisee or legatee having an interest in | 6027 |
contract, may file a | 6028 |
cancellation of the contract in the probate court of the county in | 6029 |
which the executor or administrator was appointed. If the | 6030 |
decedent died intestate, the surviving spouse and heirs, and if | 6031 |
the decedent died testate, the surviving spouse | 6032 |
legatees having an interest in
| 6033 |
or administrator, | 6034 |
vendor, and all other persons having an interest in the real | 6035 |
6036 | |
made parties defendant. If the court is satisfied that it would be | 6037 |
for the best interests of the estate, the court, with the consent | 6038 |
of the vendor, may authorize the executor or administrator to | 6039 |
agree to the alteration or cancellation of the contract and to | 6040 |
execute and deliver | 6041 |
vendor | 6042 |
effective. | 6043 |
executed and delivered pursuant to | 6044 |
recite the order and be as binding on the parties to the suit as | 6045 |
if made by the deceased | 6046 |
Sec. 2113.51. The property of an estate | 6047 |
specifically bequeathed may be delivered over to the legatee | 6048 |
entitled | 6049 |
secure its redelivery on demand to the executor or administrator. | 6050 |
Otherwise, | 6051 |
possession or under the control of the executor or administrator | 6052 |
to be distributed or sold, as required by law and the condition of | 6053 |
the estate. | 6054 |
Sec. 2113.52. (A) A devisee taking real | 6055 |
under a devise in a will, unless the will otherwise provides, or | 6056 |
an heir taking real | 6057 |
and distribution shall take the real | 6058 |
all taxes, penalties, interest, and assessments | 6059 |
lien against that real
| 6060 |
(B) If real | 6061 |
mortgage lien that exists on the date of the testator's death, the | 6062 |
person taking the real | 6063 |
right of exoneration for the mortgage lien, regardless of a | 6064 |
general direction in the will to pay the testator's debts, unless | 6065 |
the will specifically provides a right of exoneration that extends | 6066 |
to that lien. | 6067 |
Sec. 2113.54. When five months have expired after the | 6068 |
appointment of an executor or administrator and the surviving | 6069 |
spouse has made an election under section 2106.01 of the Revised | 6070 |
Code, a legatee or distributee may apply to the probate court for | 6071 |
an order requiring the executor or administrator to distribute the | 6072 |
assets of the estate, either in whole or in part, in cash or in | 6073 |
kind. Upon notice to the executor or administrator, the court | 6074 |
shall inquire into the condition of the estate, and if all claims | 6075 |
have been paid, or adequate provision has been or can be made for | 6076 |
their payment, the court shall make | 6077 |
to distribution of the estate as the condition of the estate and | 6078 |
the protection of all parties interested in the estate may demand. | 6079 |
The order of the court shall provide that assets be set aside for | 6080 |
the payment of claims rejected within two months or in suit, and | 6081 |
each claimant for whom assets are to be set aside shall be | 6082 |
entitled to be fully heard as to the nature and amount of the | 6083 |
assets to be set aside for payment of | 6084 |
other conditions in connection with the claim. Each legatee or | 6085 |
distributee receiving distribution from the estate shall be liable | 6086 |
to return the assets distributed to | 6087 |
distributee, or the proceeds from the assets, if they are | 6088 |
necessary to pay | 6089 |
or upon application of the executor or administrator, as a | 6090 |
condition precedent to any distribution, may require any legatee | 6091 |
or distributee to give bond to the state with surety approved and | 6092 |
in an amount fixed by the court, conditioned as provided in | 6093 |
section 2113.53 of the Revised Code or as may be directed by the | 6094 |
court. | 6095 |
aside or partially or wholly in lieu of those assets, as the court | 6096 |
shall determine. | 6097 |
Sec. 2113.58. | 6098 |
or income of personal property is given to a person for a term of | 6099 |
years or for life and some other person has | 6100 |
interest in | 6101 |
unless | 6102 |
6103 | |
person having the limited estate, with or without bond, as the | 6104 |
court may determine; or the court may order that | 6105 |
be held by the executor or some other trustee, with or without | 6106 |
bond, for the benefit of the person having the limited estate. If | 6107 |
bond is required of the person having the limited estate, or of | 6108 |
the trustee, it may be increased or decreased, and if bond is not | 6109 |
required in the first instance it may be required by the court at | 6110 |
any time prior to the termination of the limited estate. | 6111 |
Sec. 2113.61. (A)(1) When real property passes by the laws | 6112 |
of intestate succession or under a will, the administrator or | 6113 |
executor shall file in probate court, at any time after the filing | 6114 |
of an inventory that includes the real property but prior to the | 6115 |
filing of the administrator's or executor's final account, an | 6116 |
application requesting the court to issue a certificate of | 6117 |
transfer as to the real property. Real property sold by an | 6118 |
executor or administrator or land registered under Chapters 5309. | 6119 |
and 5310. of the Revised Code is excepted from the application | 6120 |
requirement. Cases in which an order has been made under section | 6121 |
2113.03 of the Revised Code relieving an estate from | 6122 |
administration and in which the order directing transfer of real | 6123 |
property to the person entitled to it may be substituted for the | 6124 |
certificate of transfer also are excepted from the application | 6125 |
requirement. | 6126 |
(2) In accordance with division (C)(3)(b) of section 2113.031 | 6127 |
of the Revised Code, an application for a certificate of transfer | 6128 |
of an interest in real property included in the assets of the | 6129 |
decedent's estate shall accompany an application for a summary | 6130 |
release from administration under that section. This section | 6131 |
applies to the application for and the issuance of the requested | 6132 |
certificate of transfer except to the extent that the probate | 6133 |
court determines that the nature of any of the provisions of this | 6134 |
section is inconsistent with the nature of a grant of a summary | 6135 |
release from administration. | 6136 |
(B) Subject to division (A)(2) of this section, the | 6137 |
application for a certificate of transfer shall contain all of the | 6138 |
following: | 6139 |
(1) The name, place of | 6140 |
of death of the decedent; | 6141 |
(2) A statement whether the decedent died testate or | 6142 |
intestate; | 6143 |
(3) The | 6144 |
6145 | |
6146 | |
to the devisee or devisees; | 6147 |
(4) | 6148 |
6149 | |
Whether any spousal elections have been exercised; | 6150 |
(5) | 6151 |
6152 | |
6153 | |
6154 | |
disclaimers or assignments have been filed; | 6155 |
(6) A statement that all the known debts of the decedent's | 6156 |
estate have been paid or secured to be paid, or that sufficient | 6157 |
other assets are in hand to complete the payment of those debts or | 6158 |
a statement that the estate is insolvent and the transfer is of | 6159 |
the mansion house and is being made to satisfy all or a portion of | 6160 |
the spousal allowance for support; | 6161 |
(7) Other pertinent information that the court requires. | 6162 |
(C) Subject to division (A)(2) of this section, within five | 6163 |
days following the filing of an application for a certificate of | 6164 |
transfer that complies with division (B) of this section, the | 6165 |
court shall issue a certificate of transfer for record in each | 6166 |
county in this state in which real property so passing is | 6167 |
situated, that shall recite all of the following: | 6168 |
(1) The name and date of death of the decedent; | 6169 |
(2) Whether the decedent died testate or intestate | 6170 |
6171 |
(3) The | 6172 |
record of the administration of the estate; | 6173 |
(4) The names and places of residence of the devisees, the | 6174 |
interests passing to them, the names and places of residence of | 6175 |
the persons inheriting intestate, and the interests inherited by | 6176 |
them, in each parcel of real property | 6177 |
6178 |
(5) A description of each parcel of real property
| 6179 |
6180 |
(6) Other information that in the opinion of the court should | 6181 |
be included. | 6182 |
(D) If an executor or administrator has failed to file an | 6183 |
application for a certificate of transfer before being discharged, | 6184 |
the application may be filed by an heir or devisee, or a successor | 6185 |
in interest, in the probate court in which the testator's will was | 6186 |
probated or, in the case of intestate estates, in the probate | 6187 |
court in which administration was had. If no administration was | 6188 |
had on an estate and if no administration is contemplated, except | 6189 |
in the case of the grant of or contemplated application for the | 6190 |
grant of an order of a summary release from administration under | 6191 |
section 2113.031 of the Revised Code, an application for a | 6192 |
certificate of transfer may be filed by an heir or devisee, or a | 6193 |
successor in interest, in the probate court of the county in which | 6194 |
the decedent was a resident at the time of death or in which the | 6195 |
real property of the decedent is located. | 6196 |
(E) A foreign executor or administrator, | 6197 |
administration proceedings have been had or are being had in this | 6198 |
state, may file in accordance with this section an application for | 6199 |
a certificate of transfer in the probate court of any county of | 6200 |
this state in which real property of the decedent is located. | 6201 |
(F) When a person who has entered into a written contract for | 6202 |
the sale and conveyance of an interest in real property dies | 6203 |
before its completion, the interest of the decedent in the | 6204 |
contract and the record title to the real property described in | 6205 |
the contract may be transferred to the | 6206 |
devisees | 6207 |
in the real property, in the same manner as provided in this | 6208 |
section and | 6209 |
Code for the transfer of real property. The application for the | 6210 |
certificate of transfer and the certificate itself also shall | 6211 |
recite that the real property described in the application or | 6212 |
certificate is subject to a written contract for its sale and | 6213 |
conveyance. | 6214 |
Sec. 2113.62. Upon receipt of the certificate provided for | 6215 |
in section 2113.61 of the Revised Code, the county recorder shall | 6216 |
record it in the books provided for the recording of deeds and | 6217 |
index | 6218 |
and the person to whom the real | 6219 |
in the index provided for the record of deeds. | 6220 |
Sec. 2113.67. When a person entitled to the money invested | 6221 |
or turned into the county treasury under section 2113.64 of the | 6222 |
Revised Code satisfies the probate court of | 6223 |
to receive it, the court shall order it to be paid over and | 6224 |
transferred to | 6225 |
treasury, the county auditor shall give to | 6226 |
warrant | 6227 |
judge. | 6228 |
Sec. 2113.68. The probate judge with whom the certificates | 6229 |
or evidences of title required by section 2113.65 of the Revised | 6230 |
Code are deposited and each succeeding judge to whom they come, | 6231 |
and | 6232 |
safekeeping and application, as provided in sections 2113.64 to | 6233 |
2113.67 | 6234 |
Sec. 2113.69. When newly discovered assets come into the | 6235 |
6236 | |
administrator after the filing of the original inventory required | 6237 |
by section 2115.02 of the Revised Code, | 6238 |
administrator shall administer, account for, and distribute | 6239 |
those assets in | 6240 |
filing of
| 6241 |
or administrator shall file in the probate court an itemized | 6242 |
report of | 6243 |
6244 | |
appraisement of the | 6245 |
court, either upon its own motion or upon the application of any | 6246 |
interested party. | 6247 |
Sec. 2113.70. An executor or administrator appointed in any | 6248 |
other state or country, or | 6249 |
legal representatives, may be prosecuted in any appropriate court | 6250 |
in this state in
| 6251 |
Sec. 2113.72. Any court of common pleas may compel a foreign | 6252 |
administrator or executor residing in this state, or having assets | 6253 |
or property | 6254 |
heir, distributee, or legatee, who is resident in this state, and | 6255 |
make distribution of the amount found in | 6256 |
or under the control of the foreign administrator or executor to | 6257 |
the respective heirs, distributees, or legatees according to the | 6258 |
law of the state granting | 6259 |
If suits are pending or there are unsettled demands against | 6260 |
the estate, the court also may require a refunding bond to be | 6261 |
given to | 6262 |
distributees, or legatees entitled | 6263 |
case the amount paid is needed to pay debts of the estate. | 6264 |
Sec. 2113.73. | 6265 |
has wasted, misapplied, or converted assets of an estate, or has | 6266 |
insufficient property to discharge | 6267 |
or executor's liability on account of the trust, or | 6268 |
foreign administrator's or executor's sureties are irresponsible, | 6269 |
the distributees, heirs, or legatees, in any court of common pleas | 6270 |
or probate court may compel | 6271 |
executor to secure the amounts respectively due to them and any of | 6272 |
6273 | |
indemnity on account of their liability as bail. | 6274 |
Sec. 2113.74. The several provisional remedies and | 6275 |
proceedings authorized by sections 2113.70 to 2113.73 | 6276 |
of the Revised Code | 6277 |
also apply to the person and property of a foreign administrator | 6278 |
or executor. The probate court or the court of common pleas may | 6279 |
make any order or decree touching | 6280 |
administrator's property and effects, or the assets of
| 6281 |
estate, necessary for the security of those interested | 6282 |
the property, effects, or assets. | 6283 |
Sec. 2113.75. An executor or administrator appointed in any | 6284 |
other state or country may commence and prosecute an action or | 6285 |
proceeding in any court in this state, in | 6286 |
executor or administrator, in
| 6287 |
the same restrictions as a | 6288 |
to sue. | 6289 |
Sec. 2113.81. | 6290 |
distributee, or a beneficiary of a trust not residing within the | 6291 |
United States or its territories will not have the benefit | 6292 |
use, or control of the money or other property due | 6293 |
or distributee from
| 6294 |
trust, because of circumstances prevailing at the place of | 6295 |
residence of | 6296 |
beneficiary of | 6297 |
the money be paid into the county treasury to be held in trust or | 6298 |
the probate court may direct that | 6299 |
be delivered to a trustee | 6300 |
powers and duties provided in section 2119.03 of the Revised Code | 6301 |
for | 6302 |
6303 | |
money or other property. | 6304 |
trust by | 6305 |
order of the probate judge in accordance with section 2113.82 of | 6306 |
the Revised Code. | 6307 |
The county treasury shall not be liable for interest on | 6308 |
the money held in trust. | 6309 |
Sec. 2113.82. When a person entitled to money or other | 6310 |
property invested or turned into the county treasurer or to a | 6311 |
trustee under section 2113.81 of the Revised Code satisfies the | 6312 |
probate court of | 6313 |
shall order the county treasurer or the trustee to pay it over to | 6314 |
6315 |
Sec. 2113.85. As used in sections 2113.85 to 2113.90 of the | 6316 |
Revised Code: | 6317 |
(A) "Estate" means the gross estate of a decedent who is | 6318 |
domiciled in this state, as determined for federal estate tax | 6319 |
purposes under Subtitle B of the Internal Revenue Code of 1954, 26 | 6320 |
U.S.C. 2001, as amended, for Ohio estate tax purposes under | 6321 |
Chapter 5731. of the Revised Code, and for estate tax purposes of | 6322 |
any other jurisdiction that imposes a tax on the transfer of | 6323 |
property by a decedent who is domiciled in this state. | 6324 |
(B) "Person interested in the estate" means any person who is | 6325 |
entitled to receive, or who has received, any property or property | 6326 |
interest included in the decedent's estate. A "person interested | 6327 |
in the estate" includes, but is not limited to, a personal | 6328 |
representative, guardian, | 6329 |
the estate" does not include a creditor of the decedent or of | 6330 |
the decedent's estate. | 6331 |
(C) "Tax" means the federal estate tax determined under | 6332 |
Subtitle B of the | 6333 |
as amended, an Ohio estate tax determined under Chapter 5731. of | 6334 |
the Revised Code, and the estate tax determined by any other | 6335 |
jurisdiction that imposes a tax on the transfer of property by a | 6336 |
decedent who is domiciled in this state. | 6337 |
(D) "Fiduciary" means an executor, administrator, or other | 6338 |
person who, by virtue of | 6339 |
decedent's estate, is required to pay the tax. | 6340 |
Sec. 2113.86. (A) Unless a will or another governing | 6341 |
instrument otherwise provides, and except as otherwise provided in | 6342 |
this section, a tax shall be apportioned equitably in accordance | 6343 |
with the provisions of this section among all persons interested | 6344 |
in an estate in proportion to the value of the interest of each | 6345 |
person as determined for estate tax purposes. | 6346 |
(B) Except as otherwise provided in this division, any tax | 6347 |
that is apportioned against a gift made in a clause of a will | 6348 |
other than a residuary clause or in a provision of an inter vivos | 6349 |
trust other than a residuary provision, shall be reapportioned to | 6350 |
the residue of the estate or trust. It shall be charged in the | 6351 |
same manner as a general administration expense. However, when a | 6352 |
portion of the residue of the estate or trust is allowable as a | 6353 |
deduction for estate tax purposes, the tax shall be reapportioned | 6354 |
to the extent possible to the portion of the residue that is not | 6355 |
so allowable. | 6356 |
(C)(1) A tax shall not be apportioned against an interest | 6357 |
that is allowable as an estate tax marital or charitable | 6358 |
deduction, except to the extent that the interest is a part of the | 6359 |
residue of an estate or trust against which tax is reapportioned | 6360 |
pursuant to division (B) of this section. | 6361 |
(2) Estate tax of this state or another jurisdiction shall | 6362 |
not be reapportioned against an interest that is allowable as a | 6363 |
deduction for federal estate tax purposes, to the extent that | 6364 |
there is other property in the estate or trust that is not | 6365 |
allowable as a deduction for federal estate tax purposes and | 6366 |
against which estate tax of this state or another jurisdiction can | 6367 |
be apportioned. | 6368 |
(D) A tax shall not be apportioned against property that | 6369 |
passes to a surviving spouse as an elective share under section | 6370 |
2106.01 of the Revised Code or as an intestate share under section | 6371 |
2105.06 of the Revised Code, to the extent that there is other | 6372 |
property in the estate that is not allowable as a deduction for | 6373 |
estate tax purposes against which the tax can be apportioned. | 6374 |
(E)(1) Any federal estate tax credit for state or foreign | 6375 |
death taxes on property that is includible in an estate for | 6376 |
federal estate tax purposes, shall inure to the benefit of the | 6377 |
persons chargeable with the payment of the state or foreign death | 6378 |
taxes in proportion to the amount of the taxes paid by each | 6379 |
person, but any federal estate tax credit for state or foreign | 6380 |
death taxes inuring to the benefit of a person cannot exceed the | 6381 |
federal estate tax apportioned to that person. | 6382 |
(2) Any federal estate tax credit for gift taxes paid by a | 6383 |
donee of a gift shall inure to the benefit of that donee for | 6384 |
purposes of this section. | 6385 |
(3) Credits against tax not covered by division (E)(1) or (2) | 6386 |
of this section shall be apportioned equitably among persons in | 6387 |
the manner in which the tax is apportioned among them. | 6388 |
(F) Any additional estate tax that is due because a qualified | 6389 |
heir has disposed of qualified farm property in a manner not | 6390 |
authorized by law or ceased to use any part of the qualified farm | 6391 |
property for a qualified use, shall be apportioned against the | 6392 |
interest of the qualified heir. | 6393 |
(G) If both a present interest and a future interest in | 6394 |
property are involved, a tax shall be apportioned entirely to the | 6395 |
principal. This shall be the case even if the future interest | 6396 |
qualifies for an estate tax charitable deduction, even if the | 6397 |
holder of the present interest also has rights in the principal, | 6398 |
and even if the principal is otherwise exempt from apportionment. | 6399 |
(H) Penalties shall be apportioned in the same manner as a | 6400 |
tax, and interest on tax shall be apportioned to the income of the | 6401 |
estate or trust, unless a court directs a different apportionment | 6402 |
of penalties or interest based on a finding that special | 6403 |
circumstances make an apportionment as provided in this division | 6404 |
inequitable. | 6405 |
(I) If any part of an estate consists of property, the value | 6406 |
of which is included in the gross estate of the decedent by reason | 6407 |
of section 2044 of the "Internal Revenue Code of 1986," 100 Stat. | 6408 |
2085, 26 N 2044, as amended, or of section 5731.131 of the Revised | 6409 |
Code, the estate is entitled to recover from the persons holding | 6410 |
or receiving the property any amount by which the estate tax | 6411 |
payable exceeds the estate tax that would have been payable if the | 6412 |
value of the property had not been included in the gross estate of | 6413 |
the decedent. This division does not apply if | 6414 |
6415 | |
instrument provides otherwise and the will or instrument refers to | 6416 |
either section mentioned in this division or to qualified | 6417 |
terminable interest marital deduction property. | 6418 |
Sec. 2113.87. (A) The fiduciary, or any person interested in | 6419 |
the estate who objects to the manner of apportionment of a tax, | 6420 |
may apply to the court that has jurisdiction of the estate and | 6421 |
request the court to determine the apportionment of the tax. If | 6422 |
there are no probate proceedings, the probate court of the county | 6423 |
in which the decedent was domiciled at death, upon application by | 6424 |
the fiduciary or any other person interested in the estate who | 6425 |
objects to the manner of apportionment of a tax, shall determine | 6426 |
the apportionment of the tax. | 6427 |
(B) The fiduciary may notify any person interested in the | 6428 |
estate of the manner of the apportionment of tax determined by the | 6429 |
fiduciary. Upon receipt of | 6430 |
in the estate, within thirty days after the date of receipt of the | 6431 |
notice, may indicate | 6432 |
apportionment by application to a probate court as described in | 6433 |
division (A) of this section. If the person interested in the | 6434 |
estate fails to make the application within the thirty-day period, | 6435 |
6436 | |
by the fiduciary. The notice described in this division shall | 6437 |
state the name and address of the probate court with jurisdiction | 6438 |
over the apportionment and include the following statement: | 6439 |
"If you fail to file an objection to this proposed | 6440 |
apportionment with the probate court within thirty days of the | 6441 |
receipt of this notice, you are bound by the proposed | 6442 |
apportionment." | 6443 |
(C) If a probate court finds that an assessment of penalties | 6444 |
and interest assessed with respect to a tax is due to delay caused | 6445 |
by the negligence of the fiduciary, the court may charge the | 6446 |
fiduciary with the amount of the assessed penalties and interest. | 6447 |
In any suit or judicial proceeding to recover from any person | 6448 |
interested in the estate the amount of the tax apportioned to that | 6449 |
person, the determination of the probate court is conclusive. | 6450 |
Sec. 2113.88. (A) The fiduciary may withhold from any | 6451 |
property distributable to any person interested in the estate the | 6452 |
amount of tax attributable to the person's interest. If the | 6453 |
property in possession of the fiduciary and distributable to any | 6454 |
person interested in the estate is insufficient to satisfy the | 6455 |
proportionate amount of the tax determined to be due from that | 6456 |
person, the fiduciary may recover the deficiency from that person. | 6457 |
If the property is not in the possession of the fiduciary, the | 6458 |
fiduciary may recover from any person interested in the estate the | 6459 |
amount of the tax apportioned to that person in accordance with | 6460 |
this section by filing a complaint to recover the tax in the | 6461 |
probate court that has jurisdiction of the administration of the | 6462 |
estate. | 6463 |
(B) If the property held by the fiduciary is distributed | 6464 |
prior to final apportionment of the tax, the distributee shall | 6465 |
provide a bond or other security for the apportionment liability | 6466 |
in the form and amount prescribed by the fiduciary, with the | 6467 |
approval of the probate court that has jurisdiction of the | 6468 |
administration of the estate. | 6469 |
Sec. 2115.02. Within three months after the date of the | 6470 |
executor's or administrator's appointment, unless the probate | 6471 |
court grants an extension of time for good cause shown, the | 6472 |
executor or administrator shall file with the court an inventory | 6473 |
of the decedent's interest in real
| 6474 |
state and of the tangible and intangible personal property of the | 6475 |
decedent that is to be administered and that has come to the | 6476 |
executor's or administrator's possession or knowledge. The | 6477 |
inventory shall set forth values as of the date of death of the | 6478 |
decedent. If a prior executor or administrator has done so, a | 6479 |
successor executor or administrator need not file an inventory, | 6480 |
unless, in the opinion of the court, it is necessary. | 6481 |
Any asset, the value of which is readily ascertainable, is | 6482 |
not required to be appraised but shall be included in the | 6483 |
inventory. | 6484 |
Sec. 2115.03. If an executor or administrator neglects or | 6485 |
refuses to return an inventory as provided by section 2115.02 of | 6486 |
the Revised Code, the probate court shall issue an order requiring | 6487 |
6488 | |
the order, to return an inventory. After personal service of the | 6489 |
order by a person authorized to make the service, if the executor | 6490 |
or administrator, by the day appointed, does not return the | 6491 |
inventory or fails to obtain further time from the court to return | 6492 |
it, or if the order cannot be served personally by reason of | 6493 |
the executor or administrator absconding or concealing | 6494 |
self, the court may remove the executor or administrator and new | 6495 |
letters shall be granted. The letters shall supersede all former | 6496 |
letters testamentary or of administration, deprive the former | 6497 |
executor or administrator of all power, authority, or control over | 6498 |
the estate of the deceased, and entitle the person appointed to | 6499 |
take, demand, and receive the effects of the deceased wherever | 6500 |
they are found. | 6501 |
In every case of the revocation of letters under this | 6502 |
section, the bond given by the former executor or administrator | 6503 |
shall be prosecuted and a recovery had on the bond to the full | 6504 |
extent of any injury sustained by the estate of the deceased by | 6505 |
the former executor's or administrator's acts or omissions, and to | 6506 |
the full value of all the property of the deceased received and | 6507 |
not administered by | 6508 |
Sec. 2115.06. The real | 6509 |
comprised in the inventory required by section 2115.02 of the | 6510 |
Revised Code, unless an appraisement | 6511 |
or personal property has been dispensed with by an order of the | 6512 |
probate court, shall be appraised by one suitable disinterested | 6513 |
person appointed by the executor or administrator, subject to the | 6514 |
approval of the court and sworn to a faithful discharge of | 6515 |
trust. The executor or administrator, subject to the approval of | 6516 |
the court, may appoint separate appraisers of property located in | 6517 |
any other county and appoint separate appraisers for each asset. | 6518 |
In lieu of the appointment of an appraiser for real property, | 6519 |
the executor or administrator may accept the valuation of the real | 6520 |
property by the county auditor. | 6521 |
If appraisers fail to attend to the performance of their | 6522 |
duty, the executor or administrator, subject to the approval of | 6523 |
the probate judge, may appoint others to supply the place of | 6524 |
6525 |
Each appraiser shall be paid | 6526 |
appraiser's services
| 6527 |
administrator, subject to the approval of the probate judge, | 6528 |
taking into consideration | 6529 |
qualifications, experience, time reasonably required, and the | 6530 |
value of the property appraised. The amount of | 6531 |
be charged against the estate as part of the cost of the | 6532 |
proceeding. | 6533 |
Sec. 2115.09. The inventory required by section 2115.02 of | 6534 |
the Revised Code shall contain a particular statement of all | 6535 |
securities for the payment of money that belong to the deceased | 6536 |
and are known to the executor or administrator.
| 6537 |
shall specify the name of the debtor in each security, the date, | 6538 |
the sum originally payable, the | 6539 |
on the securities with their dates, the serial numbers or other | 6540 |
identifying data as to each security, and the sum that, in the | 6541 |
judgment of the appraisers, can be collected on each claim. | 6542 |
| 6543 |
accounts belonging to the deceased that are known to
| 6544 |
executor or administrator and specify the name of the debtor, the | 6545 |
date, the balance or thing due, and the value or sum that can be | 6546 |
collected | 6547 |
| 6548 |
that belong to the deceased and have come | 6549 |
possession or under the control of the executor or administrator. | 6550 |
If none has come | 6551 |
possession or under the control of the executor or administrator, | 6552 |
the fact shall be stated in the inventory. | 6553 |
The inventory shall contain a statement whether or not, | 6554 |
insofar as it can be ascertained, the filing of an Ohio estate tax | 6555 |
return will be required. | 6556 |
Sec. 2115.10. The emblements raised by labor, whether | 6557 |
severed or not from the land of the deceased at the time of | 6558 |
the decedent's death, are assets in the | 6559 |
the control of the executor or administrator and shall be included | 6560 |
in the inventory required by section 2115.02 of the Revised Code. | 6561 |
The executor or administrator, or the person to whom | 6562 |
executor or administrator sells | 6563 |
reasonable times may enter upon the lands to cultivate, sever, and | 6564 |
gather them. | 6565 |
Sec. 2115.11. The discharge or bequest, in a will, of a debt | 6566 |
or demand of a testator against an executor named | 6567 |
will, or against any other person, is not valid as against the | 6568 |
decedent's creditors, but is only a specific bequest of | 6569 |
debt or demand. The amount | 6570 |
shall be included in the inventory of the credits and effects of | 6571 |
the deceased and, if necessary, | 6572 |
applied in the payment of | 6573 |
necessary for that purpose,
| 6574 |
same manner and proportion as other specific legacies. | 6575 |
Sec. 2115.12. The naming of a person as executor in a will | 6576 |
shall not operate as a discharge or bequest of a just claim | 6577 |
that the testator had against | 6578 |
shall be included among the assets of the deceased in the | 6579 |
inventory required by section 2115.02 of the Revised Code. The | 6580 |
executor shall be liable for it as for so much money in | 6581 |
the possession or under the control of the executor at the time | 6582 |
6583 | |
distribute it as part of the personal | 6584 |
deceased. | 6585 |
Sec. 2115.16. Upon the filing of the inventory required by | 6586 |
section 2115.02 of the Revised Code, the probate court
| 6587 |
shall set a day, not later than one month after the day the | 6588 |
inventory was filed, for a hearing on the inventory. | 6589 |
The executor or administrator may serve notice of the | 6590 |
hearing, or may cause the notice to be served, upon any person who | 6591 |
is interested in the estate. The probate court, after notice to | 6592 |
the executor or administrator, either upon the motion of any | 6593 |
interested party for good cause shown or at its own instance, may | 6594 |
order that notice of the hearing is to be served upon persons the | 6595 |
court designates. | 6596 |
For good cause, the hearing may be continued for the time | 6597 |
that the court considers reasonable. Exceptions to the inventory | 6598 |
or to the allowance for support provided by section 2106.13 of the | 6599 |
Revised Code may be filed at any time prior to five days before | 6600 |
the date set for the hearing or the date to which the hearing has | 6601 |
been continued by any person interested in the estate or in any of | 6602 |
the property included in the inventory, but the time limit for the | 6603 |
filing of exceptions shall not apply in case of fraud or | 6604 |
concealment of assets. When exceptions are filed, notice of them | 6605 |
and the time of the hearing on them | 6606 |
the executor or administrator and | 6607 |
or administrator by certified mail or by personal service, unless | 6608 |
the notice is waived. At the hearing, the executor or | 6609 |
administrator and any witness may be examined under oath. The | 6610 |
court shall enter its finding on the journal and tax the costs as | 6611 |
may be equitable. | 6612 |
Sec. 2115.17. When the inventory required by section 2115.02 | 6613 |
of the Revised Code has been approved by the probate court, the | 6614 |
appraisement of the real
| 6615 |
the inventory shall be conclusive for all purposes except estate | 6616 |
tax, unless a reappraisal is ordered by the court. | 6617 |
Sec. 2117.01. No part of the assets of a deceased shall be | 6618 |
retained by an executor or administrator in satisfaction of | 6619 |
the executor's or the administrator's own claim, until it has been | 6620 |
proved to and allowed by the probate court. | 6621 |
entitled to preference over others of the same class. | 6622 |
Sec. 2117.02. An executor or administrator within three | 6623 |
months after the date of | 6624 |
6625 | |
probate court for allowance. The claim shall not be paid unless | 6626 |
allowed by the court. When an executor or administrator presents a | 6627 |
claim amounting to five hundred dollars or more, the court shall | 6628 |
fix a day not less than four nor more than six weeks from its | 6629 |
presentation, when the testimony touching it shall be heard. The | 6630 |
court | 6631 |
administrator requiring | 6632 |
notice in writing to all the heirs, legatees, or devisees of the | 6633 |
decedent interested in the estate, and to the creditors named in | 6634 |
the order. The notice shall contain a statement of the amount | 6635 |
claimed, designate the time fixed for hearing the testimony, and | 6636 |
be served upon the persons named in the order at least twenty days | 6637 |
before the time for hearing. If any persons mentioned in the order | 6638 |
are not residents of the county, service of notice may be made | 6639 |
upon them by publication for three consecutive weeks in a | 6640 |
newspaper published or circulating in the county, or as the court | 6641 |
may direct. All persons named in the order shall be parties to the | 6642 |
proceeding, and any other person having an interest in the estate | 6643 |
may be made a party. | 6644 |
Sec. 2117.03. At any time after the presentation by an | 6645 |
executor or administrator of a claim | 6646 |
administrator owns against the estate | 6647 |
administrator represents to the probate court for allowance, the | 6648 |
court on its own motion, or on motion by any interested party, may | 6649 |
appoint an attorney to represent the estate, who shall receive | 6650 |
6651 | |
court. The court shall | 6652 |
administrator to make available to | 6653 |
connection with the proceeding, all documents belonging to the | 6654 |
estate relating to the subject matter of | 6655 |
Sec. 2117.04. Upon the hearing as to the allowance of an | 6656 |
executor's or administrator's claim against the estate | 6657 |
executor or administrator represents, an appeal may be taken from | 6658 |
a final order or judgment of the probate court upon a matter of | 6659 |
law by any person affected by the order or judgment. | 6660 |
Sec. 2117.08. When a claim is presented against the estate | 6661 |
of a deceased person, the executor or administrator may require | 6662 |
satisfactory written proof in support of it and also the affidavit | 6663 |
of the claimant that | 6664 |
payments have been made | 6665 |
no counterclaims against it to | 6666 |
The affidavit shall set forth any security held for the payment of | 6667 |
6668 | |
If | 6669 |
is claimed, the facts in connection with the alleged tort or | 6670 |
showing the right to | 6671 |
forth. | 6672 |
Sec. 2117.09. If an executor or administrator doubts the | 6673 |
justice of any claim presented against the estate | 6674 |
or administrator represents, | 6675 |
enter into an agreement in writing with the claimant to refer the | 6676 |
matter in controversy to three disinterested persons, who | 6677 |
shall be approved by the probate judge. | 6678 |
Upon filing the agreement of reference in the probate court | 6679 |
of the county in which the letters testamentary or of | 6680 |
administration were issued, the judge shall docket the cause and | 6681 |
make an order referring the matter in controversy to the referees | 6682 |
selected. | 6683 |
The referees | 6684 |
determine the matter and make their report to the court. The | 6685 |
referees shall have the same powers and be entitled to the same | 6686 |
compensation and the same proceedings shall be followed as if the | 6687 |
reference were made under the provisions for arbitrations under a | 6688 |
rule of the court of common pleas. The court may set aside the | 6689 |
report of the referees, appoint others in their places, or confirm | 6690 |
6691 | |
and administrators. The judgment of the court | 6692 |
valid and effectual. | 6693 |
Sec. 2117.10. The failure of the holder of a valid lien upon | 6694 |
any of the assets of an estate to present | 6695 |
claim upon the indebtedness secured by | 6696 |
in | 6697 |
affect | 6698 |
admitted to public record, or is evidenced by actual possession of | 6699 |
the real or personal property | 6700 |
lien. | 6701 |
Sec. 2117.13. If a devisee, legatee, heir, creditor, or | 6702 |
other interested party files in the probate court a written | 6703 |
requisition on the executor or administrator to reject a claim | 6704 |
presented for allowance against the estate
| 6705 |
administrator represents, whether the claim has been allowed or | 6706 |
not, but which claim has not been paid in full, and enters into a | 6707 |
sufficient bond running to | 6708 |
amount, terms, and surety of which are to be approved by the | 6709 |
probate judge, the claim shall be rejected by the executor or | 6710 |
administrator. The notice of rejection shall inform the claimant | 6711 |
of the filing of the requisition and of the name of the party | 6712 |
filing the same. The condition of the bond shall be to pay all | 6713 |
costs and expenses of contesting
| 6714 |
any reasonable fee | 6715 |
the executor or administrator, in case the claim finally is | 6716 |
allowed in whole, and if | 6717 |
to pay | 6718 |
determine, including | 6719 |
allow to the attorney for the executor or administrator. | 6720 |
Sec. 2117.15. An executor or administrator may proceed to | 6721 |
pay the debts due from the estate in accordance with Chapters | 6722 |
2113. to 2125. of the Revised Code. If it appears at any time that | 6723 |
the estate is insolvent, the executor or administrator may report | 6724 |
that fact to the court, and apply for any order that
| 6725 |
executor or administrator considers necessary because of the | 6726 |
insolvency. In case of insolvency, a creditor who has been paid | 6727 |
according to law shall not be required to make any refund. | 6728 |
Sec. 2117.17. (A) The probate court on its own motion may, | 6729 |
and on motion of the executor or administrator shall, assign all | 6730 |
claims against the estate that have been presented and any other | 6731 |
known valid debts of the estate for hearing on a day certain. | 6732 |
6733 | |
ten days before the date fixed for hearing or | 6734 |
6735 | |
cause written notice of the hearing to be served upon the | 6736 |
following persons who have not waived the notice in writing or | 6737 |
otherwise voluntarily entered their appearance: | 6738 |
| 6739 |
the notice shall be given to the surviving spouse and all other | 6740 |
persons having an interest in the estate as devisees, legatees, | 6741 |
heirs, and distributees. | 6742 |
| 6743 |
sufficient assets to pay all of the valid debts of the estate in | 6744 |
full, then | 6745 |
and claimants whose claims have been rejected and whose rights | 6746 |
have not been finally determined by judgment, reference, or lapse | 6747 |
of time. | 6748 |
(B) The notice required by this section shall state that a | 6749 |
hearing concerning the debts has been scheduled, shall set forth | 6750 |
the time and place of the hearing, and shall state that the action | 6751 |
of the executor or administrator in allowing and classifying | 6752 |
claims will be confirmed at | 6753 |
contrary is shown. The notice shall be served personally or by | 6754 |
certified mail in the manner specified for service of notice of | 6755 |
the rejection of a claim under section 2117.11 of the Revised | 6756 |
Code. Proof of service of the notice to the satisfaction of the | 6757 |
court, by affidavit or otherwise, and all waivers of service shall | 6758 |
be filed in court at the time of the hearing. At any time before | 6759 |
hearing, any interested person may file exceptions in writing to | 6760 |
the allowance or classification of any specific claim. The court | 6761 |
may cause or permit other interested persons to be served with | 6762 |
notice and witnesses to be subpoenaed as may be required to | 6763 |
present the issues fully. | 6764 |
(C) The court, upon the hearing, shall determine whether the | 6765 |
executor or administrator acted properly in allowing and | 6766 |
classifying each claim and shall make an order confirming or | 6767 |
disapproving | 6768 |
(D) An order of the court disapproving the allowance of a | 6769 |
claim shall have the same effect as a rejection of the claim on | 6770 |
the date on which the claimant is served with notice of the | 6771 |
court's order. Notice of the court's order shall be served | 6772 |
personally or by certified mail in the manner specified for | 6773 |
service of notice of the rejection of a claim under section | 6774 |
2117.11 of the Revised Code. An order of the court confirming the | 6775 |
allowance or classification of a claim shall constitute a final | 6776 |
order and shall have the same effect as a judgment at law or | 6777 |
decree in equity, and shall be final as to all persons having | 6778 |
notice of the hearing and as to claimants subsequently presenting | 6779 |
their claims, though without notice of | 6780 |
absence of fraud, the allowance and classification of a claim and | 6781 |
the subsequent payment of it in good faith shall not be subject to | 6782 |
question upon exceptions to the executor's or administrator's | 6783 |
accounts. The confirmation of a claim by the court shall not | 6784 |
preclude the executor or administrator from thereafter rejecting | 6785 |
the claim on discovery of error in | 6786 |
administrator's previous action or on requisition as provided in | 6787 |
sections 2117.13 and 2117.14 of the Revised Code. | 6788 |
Sec. 2117.18. Taxes, penalties, and interest placed on a | 6789 |
duplicate or added by the county auditor or the tax commissioner | 6790 |
because of a failure to make a return or because of a false or | 6791 |
incomplete return for taxation shall be a debt of a decedent and | 6792 |
have the same priority and be paid as other taxes. | 6793 |
taxes, penalties, and interest shall be collectible out of the | 6794 |
property of the estate either before or after distribution, by any | 6795 |
means provided for collecting other taxes. No distribution or | 6796 |
payment of inferior debts or claims shall defeat | 6797 |
collection | 6798 |
not be added before notice to the executor or administrator, and | 6799 |
before an opportunity is given | 6800 |
administrator to be heard. All taxes omitted by the deceased | 6801 |
shall be charged on the tax lists and duplicate in | 6802 |
deceased's name. | 6803 |
In all | 6804 |
under this section, each succeeding tax year shall be considered | 6805 |
as beginning at the time of the completion of the annual | 6806 |
settlement of the duplicate for the previous year with the county | 6807 |
treasurer. | 6808 |
Sec. 2117.30. (A) No suit shall be brought against an | 6809 |
executor or administrator by a creditor of the decedent or by any | 6810 |
other party interested in the estate until after five months from | 6811 |
the time of the appointment of the executor or administrator, or | 6812 |
the expiration of the further time allowed by the probate court | 6813 |
for the collection of the assets of the estate, except in the | 6814 |
following cases: | 6815 |
| 6816 |
| 6817 |
title to specific property; | 6818 |
| 6819 |
by the insolvency of the estate; | 6820 |
| 6821 |
assets; | 6822 |
| 6823 |
prescribed by statute. | 6824 |
(B) When an executor or administrator dies, resigns, or is | 6825 |
removed without having fully administered the estate of the | 6826 |
deceased, the time between | 6827 |
death, resignation, or removal and the appointment of a successor | 6828 |
shall be excluded in computing the five months or longer period | 6829 |
provided in division (A) of this section. In any event, | 6830 |
executor's or administrator's successor shall not be held to | 6831 |
answer the suit until after the expiration of four months from the | 6832 |
date of the successor's appointment, or a further time allowed | 6833 |
the executor or administrator by the court for the collection of | 6834 |
the assets of the estate. | 6835 |
Sec. 2117.31. When two or more persons are indebted in a | 6836 |
joint contract, or upon a judgment founded on | 6837 |
contract, and either of them dies, | 6838 |
be liable | 6839 |
and several, or as if the judgment had been against | 6840 |
decedent alone. This section shall not affect the rights of a | 6841 |
surety, when certified as such, in a judgment rendered jointly | 6842 |
against | 6843 |
Sec. 2117.34. No execution against the assets of an estate | 6844 |
shall issue upon a judgment against an executor or administrator | 6845 |
unless upon the order of the probate court | 6846 |
6847 | |
by | 6848 |
6849 | |
settlement of | 6850 |
assets applicable to the judgment. The order of the court allowing | 6851 |
6852 | |
execution shall issue. | 6853 |
Sec. 2117.35. All executions against executors and | 6854 |
administrators for debts due from the deceased shall run against | 6855 |
the | 6856 |
the possession or under the control of the executors and | 6857 |
administrators. | 6858 |
Sec. 2117.36. No real | 6859 |
6860 | |
prior to the issuing of letters testamentary or of administration | 6861 |
shall be liable while in the | 6862 |
of a bona fide purchaser for value or to the prejudice of a bona | 6863 |
fide lessee or encumbrancer for value for debts of the deceased | 6864 |
person unless letters testamentary or of administration are | 6865 |
granted within four years from the date of death of | 6866 |
deceased person. No real | 6867 |
6868 | |
or devisees after the
| 6869 |
administration shall be liable while in the | 6870 |
under the control of a bona fide purchaser for value or to the | 6871 |
prejudice of a bona fide lessee or encumbrancer for value for | 6872 |
debts of a deceased person unless suit is brought to subject | 6873 |
the real | 6874 |
to the settlement of the executor's or administrator's final | 6875 |
account or what purports to be | 6876 |
administrator's final account; provided that if | 6877 |
account is not filed and settled within four years after the | 6878 |
granting of letters testamentary or of administration, but | 6879 |
excluding for | 6880 |
is pending against the executors or administrators for the | 6881 |
establishment or collection of any claim against the deceased, | 6882 |
6883 | |
the debts of the deceased unless suit is brought to subject | 6884 |
the real | 6885 |
four-year period. The heir or devisee aliening | 6886 |
6887 | |
legal interest from the time of alienation, to the creditors of | 6888 |
the deceased in the manner and within the limitations provided by | 6889 |
law. This section does not enlarge or extend the right of the | 6890 |
creditors of any deceased person against | 6891 |
real
| 6892 |
sections of the Revised Code, or apply to mortgages or liens of | 6893 |
record at the time of the death of | 6894 |
Sec. 2117.37. If a claim is contingent at the time of a | 6895 |
decedent's death and a cause of action subsequently accrues on the | 6896 |
claim, it shall be presented to the executor or administrator, in | 6897 |
the same manner as other claims, before the expiration of | 6898 |
six months after the date of death of the decedent, or before the | 6899 |
expiration of two months after the cause of action accrues, | 6900 |
whichever is later, except as provided in section 2117.39 of the | 6901 |
Revised Code. The executor or administrator shall allow or reject | 6902 |
the claim in the same manner as other claims are allowed or | 6903 |
rejected. If the claim is allowed, the executor or administrator | 6904 |
shall proceed to pay it. If the claim is rejected, the claimant | 6905 |
shall commence an action on the claim within two months after the | 6906 |
rejection or be forever barred from maintaining an action on the | 6907 |
claim. | 6908 |
Sec. 2117.41. A claimant whose cause of action accrues as | 6909 |
provided in section 2117.37 of the Revised Code may bring suit to | 6910 |
recover | 6911 |
surviving spouse as next of kin, devisees, and legatees under the | 6912 |
decedent's will, each of whom shall be liable to the claimant in | 6913 |
an amount not exceeding the value of the real and personal | 6914 |
property that | 6915 |
distribution of the estate. If, by the will of the deceased, any | 6916 |
part of the estate or any one or more of the devisees and legatees | 6917 |
is made exclusively liable for the debt, in exoneration of the | 6918 |
residue of the estate or of the other devisees or legatees, the | 6919 |
terms of the will shall be complied with in that respect and the | 6920 |
persons and estate so exempt by the will shall be liable for only | 6921 |
so much of the debt | 6922 |
chargeable | 6923 |
No | 6924 |
commenced within six months next after the time when the cause of | 6925 |
action first accrues, except in case the suit is for the balance | 6926 |
due after a payment by the executor or administrator, in which | 6927 |
case suit shall be brought within two months after the final | 6928 |
payment by the executor or administrator. If the person entitled | 6929 |
to bring | 6930 |
may bring | 6931 |
disability is removed. | 6932 |
If any of | 6933 |
next of kin, devisees, or legatees dies without having paid | 6934 |
the person's just proportion of | 6935 |
or administrators of that deceased person's estate shall be liable | 6936 |
6937 | |
would have been if living. | 6938 |
Sec. 2117.42. If, in the cases specified in section 2117.41 | 6939 |
of the Revised Code, more than one person is liable for the debt, | 6940 |
the creditor shall proceed by one action to recover | 6941 |
against all so liable, or as many of them
| 6942 |
reach of process. | 6943 |
party requires it, the court | 6944 |
to the plaintiff. | 6945 |
the case, shall decide how much each of the defendants is liable | 6946 |
to pay toward the satisfaction of the debt and the court shall | 6947 |
render judgment accordingly. | 6948 |
No suit shall be dismissed or debarred for not making all the | 6949 |
persons defendants who might have been included as | 6950 |
defendants. In any stage of the cause the court may award process | 6951 |
to bring in other parties and allow amendments necessary to charge | 6952 |
them, as defendants, upon | 6953 |
considers reasonable. | 6954 |
If any of the persons who were originally liable for the debt | 6955 |
is insolvent or unable to pay | 6956 |
beyond the reach of process, the others nevertheless shall be | 6957 |
liable to the creditor for the whole amount of
| 6958 |
except that no one shall be compelled to pay more than the amount | 6959 |
received by
| 6960 |
If, in consequence of insolvency, absence, or other cause, | 6961 |
any of the persons liable for | 6962 |
person's just proportion to the creditor, | 6963 |
liable to indemnify all who, by reason of | 6964 |
failure | 6965 |
the debt, such indemnity to be recovered by all of them jointly or | 6966 |
in separate actions, by any one or more
of them for | 6967 |
respective parts | 6968 |
Sec. 2119.01. When a person owning property in this state | 6969 |
has disappeared and has not been heard from, after diligent | 6970 |
inquiry and for at least three months, under circumstances that | 6971 |
afford reasonable ground to believe that | 6972 |
cannot return, or refuses to return to | 6973 |
6974 | |
or is needed for the maintenance of
| 6975 |
the probate court | 6976 |
the next of kin, may appoint a trustee to take possession and | 6977 |
charge of the property of | 6978 |
with respect to which | 6979 |
written instrument designating an agent or attorney in fact. | 6980 |
The application shall be filed in the county in which | 6981 |
person last resided or if | 6982 |
was | 6983 |
in any county in which | 6984 |
Sec. 2119.02. The probate court, before appointing a trustee | 6985 |
for an absentee, shall cause notice of the filing of the | 6986 |
application under section 2119.01 of the Revised Code and of the | 6987 |
time and place of hearing | 6988 |
published once a week for four consecutive weeks in | 6989 |
newspaper of general circulation in the county and shall cause | 6990 |
copies of | 6991 |
kin of the absentee residing within the state,
| 6992 |
the applicant, and to the absentee residing at | 6993 |
last known address. The court may order notice to be given to | 6994 |
any other persons in | 6995 |
best. | 6996 |
Sec. 2119.03. (A) The trustee appointed under section 2119.01 | 6997 |
of the Revised Code may proceed without order of the probate court | 6998 |
to do the following: | 6999 |
| 7000 |
absentee wherever situated within the state; | 7001 |
| 7002 |
| 7003 |
with Chapters 2113. to 2125. of the Revised Code. | 7004 |
(B) The trustee may pay | 7005 |
or principal of the estate as the court, from time to time, may | 7006 |
direct for the maintenance and support of the absentee's | 7007 |
dependents and, under the order of the court, may bring and defend | 7008 |
suits on behalf of the absentee, compromise claims in favor of and | 7009 |
against the absentee, and pay | 7010 |
that the court finds necessary for the protection of | 7011 |
absentee's dependents, including insurance premiums, orders for an | 7012 |
award of spousal support, and other obligations. The court may | 7013 |
make | 7014 |
the care and custody of the property and its proceeds. | 7015 |
Sec. 2119.04. In order to provide money for the payments | 7016 |
authorized by section 2119.03 of the Revised Code, proceedings may | 7017 |
be had for the mortgaging, leasing, or sale of the real | 7018 |
property of an absentee in the same manner as provided by sections | 7019 |
2127.01 to 2127.43 | 7020 |
real | 7021 |
court, upon notice to the spouse and | 7022 |
7023 | |
part of the personal | 7024 |
Sec. 2119.05. If at any time the absentee returns and makes | 7025 |
application to the probate court for the termination of the trust | 7026 |
established under section 2119.01 of the Revised Code, the court | 7027 |
shall, on notice to the trustee and other interested parties, | 7028 |
order the trustee to file | 7029 |
7030 | |
remaining property returned. If an executor, administrator, or | 7031 |
guardian is appointed for the estate of | 7032 |
court shall | 7033 |
account and on settlement | 7034 |
the trust and order all of the property remaining in the | 7035 |
possession or under the control of the trustee to be delivered to | 7036 |
the fiduciary entitled | 7037 |
Sec. 2121.01. (A) Except as provided in division (B) of this | 7038 |
section, a presumption of the death of a person arises upon either | 7039 |
of the following: | 7040 |
(1) When the person has disappeared and been continuously | 7041 |
absent from | 7042 |
five-year period without being heard from during the period; | 7043 |
(2) When the person has disappeared and been continuously | 7044 |
absent from
| 7045 |
heard from and was at the beginning of
| 7046 |
exposed to a specific peril of death, even though the absence has | 7047 |
continued for less than a five-year period. | 7048 |
(B) When a person who is on active duty in the armed services | 7049 |
of the United States has been officially determined to be absent | 7050 |
in a status of "missing" or "missing in action," a presumption of | 7051 |
death arises when the head of the federal department concerned has | 7052 |
made a finding of death pursuant to the "Federal Missing Persons | 7053 |
Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended and | 7054 |
hereafter amended. | 7055 |
Sec. 2121.02. (A) When | 7056 |
under section 2121.01 of the Revised Code with respect to a person | 7057 |
who at the time of disappearance was domiciled in this state, the | 7058 |
attorney general of this state or any person entitled under the | 7059 |
7060 | |
the Revised Code to any share in the presumed decedent's property | 7061 |
within this state, or any person or entity who, under the terms of | 7062 |
any contract, beneficiary designation, trust, or otherwise, may be | 7063 |
entitled to any property, right, or interest by reason of the | 7064 |
death of the presumed decedent, may file a complaint setting forth | 7065 |
the facts
| 7066 |
court of the county of the presumed decedent's last residence. | 7067 |
(B) When a presumption of death arises pursuant to section | 7068 |
2121.01 of the Revised Code with respect to a person who at the | 7069 |
time of the person's disappearance was domiciled at a place other | 7070 |
than within the state, and the presumed decedent owns real | 7071 |
property within this state, the complaint may be filed in the | 7072 |
county where any part of the real property of the presumed | 7073 |
decedent is located by any of the persons or entities referred to | 7074 |
in division (A) of this section, or by any domiciliary executor or | 7075 |
administrator of the decedent. A foreign fiduciary shall include | 7076 |
with the complaint an exemplified copy of the domiciliary | 7077 |
proceedings pursuant to which the foreign fiduciary was appointed. | 7078 |
(C) In the case of a presumed decedent who was domiciled in | 7079 |
this state, the complainant shall name as parties defendant the | 7080 |
presumed decedent and each of the following that do not join in | 7081 |
the complaint: | 7082 |
(1) The presumed decedent's surviving spouse, if any; | 7083 |
(2) All persons known to the complainant who are entitled | 7084 |
under the presumed decedent's | 7085 |
entitled under Chapter 2105. of the Revised Code to any share of | 7086 |
the presumed decedent's property; | 7087 |
(3) All persons or entities known to the complainant who have | 7088 |
or would have by reason of the presumed decedent's death any right | 7089 |
or interest under any contract, beneficiary designation, trust, or | 7090 |
otherwise; | 7091 |
(4) All contract obligors known to the complainant whose | 7092 |
rights or obligations would be affected by a determination that | 7093 |
the presumed decedent is in fact dead. | 7094 |
(D) In the case of a presumed decedent who was not domiciled | 7095 |
in this state but who owned real | 7096 |
the complainant shall name as parties defendant each of the | 7097 |
following that do not join in the complaint: | 7098 |
(1) The presumed decedent's surviving spouse, if any; | 7099 |
(2) All persons known to the complainant who are entitled | 7100 |
under the presumed decedent's | 7101 |
entitled under Chapter 2105. of the Revised Code to any share of | 7102 |
the presumed decedent's real property within this state. | 7103 |
(E) All parties defendant, other than the presumed decedent, | 7104 |
shall be served with summons in the same manner as provided by the | 7105 |
Rules of Civil Procedure. | 7106 |
(F) The complainant shall cause to be advertised once a week | 7107 |
for four consecutive weeks in a newspaper published in the county, | 7108 |
the fact that the complaint has been filed together with a notice | 7109 |
that on a day certain, | 7110 |
after the last appearance of the advertisement, or after the final | 7111 |
publication where any defendant is being served by publication, | 7112 |
whichever is later, the probate court will hear evidence relevant | 7113 |
to the allegations of the complaint. | 7114 |
(G) No guardian ad litem, trustee for the suit, or other | 7115 |
representative shall be required to be appointed to represent the | 7116 |
presumed decedent in the proceeding. | 7117 |
Sec. 2121.05. (A) Except as provided otherwise in | 7118 |
7119 | |
the probate of the decedent's | 7120 |
proceedings, domiciliary or ancillary, for the administration of | 7121 |
the decedent's estate that are set forth in the Revised Code for | 7122 |
use upon the death of a decedent, shall upon the signing of the | 7123 |
decree of presumed death be instituted and carried on in the same | 7124 |
manner as if the presumed decedent were in fact dead. All acts | 7125 |
pursuant to these proceedings shall be as valid as if the presumed | 7126 |
decedent were in fact dead. | 7127 |
(B) Following the decree the court may make | 7128 |
supplementary orders | 7129 |
consummate any right or interest arising by reason of the death of | 7130 |
the presumed decedent under any contract, trust, or other | 7131 |
nonprobate property interest of any person or entity who was a | 7132 |
party to the proceedings. The court may condition the granting of | 7133 |
7134 | |
benefit | 7135 |
period after the decree in the form and amount, with or without | 7136 |
sureties, as the court shall order. If any supplementary order is | 7137 |
directed to the holder of assets of the presumed decedent | 7138 |
that were created by the decree of presumed death, the court, at | 7139 |
the request of the party defendant to whom the order is directed, | 7140 |
shall condition the granting of | 7141 |
any person or entity who would benefit | 7142 |
furnish a suretyship bond for a three-year period after the decree | 7143 |
in the amount of the assets so created by the decree with interest | 7144 |
for the period of the bond at the rate specified in the order. | 7145 |
(C) The term "assets of the presumed decedent | 7146 |
created by the decree of presumed death" as used in division (B) | 7147 |
of this section and division (D) of section 2121.08 of the Revised | 7148 |
Code, means those potential assets of the presumed decedent in | 7149 |
which the presumed decedent had a contractual or other right, | 7150 |
contingent upon the presumed decedent's death, to have | 7151 |
assets paid to | 7152 |
of presumed death would fulfill the contingency. Only that portion | 7153 |
of the proceeds of life insurance policies on the life of the | 7154 |
presumed decedent that exceeds any net cash surrender value of | 7155 |
7156 | |
definition of the term "assets of the presumed decedent | 7157 |
were created by the decree of presumed death." | 7158 |
(D) The bond shall provide that, if within the three-year | 7159 |
period after the decree is entered by the court it is established | 7160 |
that the presumed decedent is alive, | 7161 |
shall on the subsequent order of the court refund or return any | 7162 |
sums, with interest as provided in the court order, or property | 7163 |
received by virtue of | 7164 |
to the person or entity who, by reason of the erroneous finding of | 7165 |
death of the presumed decedent, made | 7166 |
7167 | |
returning the fair value of the property if the same shall have | 7168 |
been sold or otherwise disposed of in the interim. | 7169 |
(E) If the person or entity who would benefit by an order, as | 7170 |
provided in division (B) of this section, fails to provide a bond | 7171 |
for the amount of the assets of the presumed decedent | 7172 |
were created by the decree, with interest as specified in the | 7173 |
order, the holder shall hold those assets for the three-year | 7174 |
period they would have been bonded. In that event, the holder | 7175 |
shall pay interest at the same rate specified in the order as a | 7176 |
condition of the bond and the interest shall accumulate and be | 7177 |
held throughout that period. | 7178 |
(F) Nothing in this section shall preclude | 7179 |
entity from selling, encumbering, or otherwise disposing of any | 7180 |
property so received and any purchaser, transferee, or mortgagee | 7181 |
acquires good title to | 7182 |
claim of the presumed decedent. | 7183 |
Sec. 2121.06. Upon the signing of the decree establishing | 7184 |
the death of the presumed decedent, the real | 7185 |
the presumed decedent passes and
| 7186 |
of actual death, and the persons entitled by will, or under | 7187 |
Chapter 2105. of the Revised Code, may enter and take possession. | 7188 |
Persons taking the real | 7189 |
and the purchaser or mortgagee takes a good title, free and | 7190 |
discharged of any interest or claim of the presumed decedent. The | 7191 |
persons taking | 7192 |
convey, or mortgage any part | 7193 |
three-year period specified in section 2121.08 of the Revised Code | 7194 |
without first giving bond in an amount to be fixed by the probate | 7195 |
court and with sureties to be approved by the court. In the | 7196 |
discretion of the court the bond may be taken without sureties. | 7197 |
7198 | |
the presumed decedent, in case within the three-year period after | 7199 |
the decree is entered by the court it is established that the | 7200 |
presumed decedent is still alive, the value of the real
| 7201 |
property sold or conveyed, or in the case of the making of a | 7202 |
mortgage, to pay the amount of the mortgage and interest
| 7203 |
on the mortgage, or in case of a foreclosure of | 7204 |
mortgage, to account for and pay over the value of the real | 7205 |
property mortgaged. | 7206 |
Sec. 2121.08. (A) The probate court may at any time within a | 7207 |
three-year period from the date of the decree establishing the | 7208 |
death of a presumed decedent, upon proof satisfactory to the court | 7209 |
that the presumed decedent is in fact alive, vacate the decree | 7210 |
establishing the presumption of | 7211 |
been vacated all the powers of the executor or administrator of | 7212 |
the presumed decedent cease, but all proceedings had and steps | 7213 |
taken with respect to the administration of the estate of the | 7214 |
presumed decedent prior to the vacating of | 7215 |
valid. The executor or administrator of the estate of | 7216 |
presumed decedent who is found to be alive shall settle | 7217 |
account of | 7218 |
down to the time of the vacating of the decree and shall transfer | 7219 |
all assets remaining in | 7220 |
control of the executor or administrator to the person | 7221 |
for whom the executor or administrator | 7222 |
to | 7223 |
(B) The title of any person to any money, property, right, or | 7224 |
interest as surviving spouse, next of kin, heir, legatee, devisee, | 7225 |
co-owner with right of survivorship, beneficiary or other | 7226 |
contractual payee, successor to a trust interest, or otherwise of | 7227 |
the presumed decedent shall be subject to this section, and upon | 7228 |
vacating of | 7229 |
property, money, right, or interest, or | 7230 |
if the same shall have been sold or otherwise disposed of, may be | 7231 |
recovered from the person who had received
| 7232 |
money, right, or interest. | 7233 |
(C) Except as provided in division (D) of this section, in | 7234 |
any action against a beneficiary for the recovery of property or | 7235 |
the value | 7236 |
condition for delivery of money, other personal property, or sale | 7237 |
or encumbrance of real property, the beneficiary may set off as | 7238 |
against | 7239 |
maintaining or preserving the property, and for any moneys or | 7240 |
other considerations made or given by the beneficiary for the | 7241 |
preservation, care, or maintenance of the property during the | 7242 |
period of absence of the person erroneously presumed to be dead, | 7243 |
and the reasonable value of any part of the property used for | 7244 |
support by those whom the person erroneously presumed to be dead | 7245 |
had a legal obligation to support during | 7246 |
(D) There shall be no set off as against those assets defined | 7247 |
in division (C) of section 2121.05 of the Revised Code to be | 7248 |
assets of the presumed decedent | 7249 |
decree of presumed death. Those assets created by the erroneous | 7250 |
decree of presumed death shall be returned with interest to the | 7251 |
person entitled | 7252 |
(E) Any net cash surrender value on any policies of life | 7253 |
insurance on the life of a person erroneously presumed to be dead | 7254 |
are subject to the set off provision in division (C) of this | 7255 |
section. The person erroneously presumed to be dead, or persons | 7256 |
claiming under | 7257 |
recover whatever remains of cash values from the person to whom | 7258 |
paid. | 7259 |
company | 7260 |
from liability on the policies affected. | 7261 |
Sec. 2121.09. After vacation of the decree of the | 7262 |
presumption of death has been established, as provided by section | 7263 |
2121.08 of the Revised Code, the person erroneously presumed to be | 7264 |
dead | 7265 |
substituted as plaintiff or petitioner in all actions or | 7266 |
proceedings brought by the executor or administrator, whether | 7267 |
prosecuted to judgment or decree or otherwise. | 7268 |
7269 | |
executor or administrator, may be substituted as defendant or | 7270 |
respondent, on motion filed by | 7271 |
person's behalf, but shall not be compelled to go to trial in less | 7272 |
than three months from the time of filing of | 7273 |
Judgments or decrees recovered against the executor or | 7274 |
administrator, before the vacation of the decree, may be opened on | 7275 |
application made by the person erroneously presumed to be dead | 7276 |
within three months after the vacating of the decree, provided it | 7277 |
is supported by an affidavit alleging the existence of facts | 7278 |
that would be a valid defense. If the application is not made | 7279 |
within the three months or is made but the supporting alleged | 7280 |
facts are adjudged an insufficient defense, the judgment or decree | 7281 |
is conclusive to all intents, saving the defendant's right to | 7282 |
review as in other cases on appeal. | 7283 |
Sec. 2123.02. In a situation described in section 2123.01 of | 7284 |
the Revised Code, the executor or administrator may file in the | 7285 |
probate court of the county where the estate is being administered | 7286 |
a | 7287 |
or | 7288 |
complaint shall be verified. The surviving spouse and the legatees | 7289 |
and devisees, or the heirs and distributees of the decedent, | 7290 |
including those whose names are unknown, shall be made parties | 7291 |
defendant. The | 7292 |
statement of the pertinent facts and shall conclude with a prayer, | 7293 |
for the determination of the heirs and distributees of | 7294 |
decedent or of the devisees or legatees not named in the will and | 7295 |
their respective interests in the estate. | 7296 |
Sec. 2123.03. Upon the filing of the | 7297 |
mentioned in section 2123.02 of the Revised Code, the same | 7298 |
proceedings, pleadings, and rule days as in civil actions in the | 7299 |
court of common pleas shall apply. All parties defendant who are | 7300 |
known to be residents of the state and whose | 7301 |
residence | 7302 |
for the service of summons in civil actions in | 7303 |
Sec. 2123.05. At the time assigned for the hearing of a | 7304 |
proceeding set forth under section 2123.01 of the Revised Code, or | 7305 |
at any time to which | 7306 |
probate court may hear proof taken by commission, or by witnesses | 7307 |
produced in open court, of the facts set forth in the | 7308 |
complaint, and shall, if satisfied from the evidence, find and | 7309 |
adjudge who are or were the heirs or next of kin of the decedent, | 7310 |
and entitled by the laws of this state to inherit the estate of | 7311 |
the deceased, or the devisees or legatees named or unnamed in the | 7312 |
will | 7313 |
journal of the court, which entry, or a certified copy | 7314 |
the entry, shall be prima facie evidence of the facts | 7315 |
found. | 7316 |
Sec. 2123.06. Whenever it is necessary for any person other | 7317 |
than an executor or administrator to determine who are or were the | 7318 |
heirs at law of a deceased person, on the | 7319 |
any interested party and proceedings | 7320 |
forth in sections 2123.01 to 2123.05 | 7321 |
Code, the probate court may make a determination | 7322 |
are or were the heirs at law of the deceased person. | 7323 |
Sec. 2127.011. (A) In addition to the other methods provided | 7324 |
by law or in the will and unless expressly prohibited by the will, | 7325 |
an executor or administrator may sell at public or private sale, | 7326 |
grant options to sell, exchange, re-exchange, or otherwise dispose | 7327 |
of any parcel of real | 7328 |
any time at prices and upon terms | 7329 |
section and may execute and deliver deeds and other instruments of | 7330 |
conveyance if all of the following conditions are met: | 7331 |
(1) The surviving spouse, all of the legatees and devisees in | 7332 |
the case of testacy, and all of the heirs in the case of | 7333 |
intestacy, give written consent to a power of sale for a | 7334 |
particular parcel of real | 7335 |
for all the real | 7336 |
consent to a power of sale provided for in this section shall be | 7337 |
filed in the probate court. | 7338 |
(2) Any sale under a power of sale authorized pursuant to | 7339 |
this section shall be made at a price of at least eighty per cent | 7340 |
of the appraised value, as set forth in an approved inventory. | 7341 |
(3) No power of sale provided for in this section is | 7342 |
effective if the surviving spouse | 7343 |
heir is a minor. No person may give the consent of the minor that | 7344 |
is required by this section. | 7345 |
(B) A surviving spouse who is the executor or administrator | 7346 |
may sell real | 7347 |
section. | 7348 |
Sec. 2127.02. As soon as an executor or administrator | 7349 |
ascertains that the personal property in | 7350 |
or under the control of the executor or administrator is | 7351 |
insufficient to pay all the debts of the decedent, together with | 7352 |
the allowance for support to the surviving spouse, minor children, | 7353 |
or surviving spouse and minor children of the decedent as provided | 7354 |
in section 2106.13 of the Revised Code, and the costs of | 7355 |
administering the estate, | 7356 |
commence a civil action in the probate court for authority to sell | 7357 |
the decedent's real property. | 7358 |
Sec. 2127.04. (A) With the consent of all persons entitled | 7359 |
to share in an estate upon distribution, the executor, | 7360 |
administrator, or administrator with the will annexed may, and | 7361 |
upon the request of these persons shall, commence an action in the | 7362 |
probate court for authority to sell any part or all of the | 7363 |
decedent's real | 7364 |
property is not required to be sold to pay debts or legacies. A | 7365 |
guardian may make a request under this division, or give consent, | 7366 |
on behalf of the guardian's ward. | 7367 |
(B) An executor, administrator, or administrator with the | 7368 |
will annexed may commence an action in the probate court, on the | 7369 |
executor or administrator's own motion, to sell any part or all of | 7370 |
the decedent's real
| 7371 |
property is not required to be sold to pay debts or legacies. The | 7372 |
court shall not issue an order of sale in the action unless one of | 7373 |
the categories specified in divisions (B)(1)(a), (b), and (c), | 7374 |
(B)(2)(a), (b), and (c), and (B)(3) of this section applies: | 7375 |
(1)(a) At least fifty per cent of all the persons interested | 7376 |
in the real | 7377 |
the sale. | 7378 |
(b) Prior to the issuance of the order, no written objection | 7379 |
is filed with the court by any person or persons who hold | 7380 |
aggregate interests in the interest of the decedent in the real | 7381 |
7382 | |
twenty-five per cent. | 7383 |
(c) The court determines that the sale is in the best | 7384 |
interest of the decedent's estate. | 7385 |
(2)(a) No person's interest in the interest of the decedent | 7386 |
in the real | 7387 |
cent. | 7388 |
(b) Prior to the issuance of the order, no written objection | 7389 |
is filed with the court by any person or persons who hold | 7390 |
aggregate interests in the interest of the decedent in the real | 7391 |
7392 | |
twenty-five per cent. | 7393 |
(c) The court determines that the sale is in the best | 7394 |
interest of the decedent's estate. | 7395 |
(3) The real | 7396 |
the state under division (K) of section 2105.06 of the Revised | 7397 |
Code. | 7398 |
(C) Notwithstanding any provision of the Revised Code, an | 7399 |
executor, administrator, or administrator with the will annexed | 7400 |
shall commence an action in the probate court to sell any part or | 7401 |
all of the decedent's real | 7402 |
entitled to inherit all or part of the real | 7403 |
be found after a due and diligent search. The court shall not | 7404 |
issue an order of sale in the action unless the sale is in the | 7405 |
best interest of the person who cannot be found and in the best | 7406 |
interest of the decedent's estate. | 7407 |
If a sale is ordered under this division, the costs of its | 7408 |
administration shall be taken from the proceeds of the sale. | 7409 |
(D) A surviving spouse who is an executor or administrator of | 7410 |
the decedent spouse's estate is not disqualified, by reason of | 7411 |
being executor or administrator, as a person to whom a parcel of | 7412 |
real | 7413 |
Sec. 2127.05. Whenever necessary for the education, support, | 7414 |
or the payment of the just debts of the ward, or for the discharge | 7415 |
of liens on the real | 7416 |
whenever the real | 7417 |
unavoidable waste, or a better investment of its value can be | 7418 |
made, or whenever it appears that a sale of the real | 7419 |
property will be for the benefit of the ward or | 7420 |
children, the guardian of the person and estate or of the estate | 7421 |
only of a minor, person unable to manage | 7422 |
because of mental illness or deficiency, habitual drunkard, | 7423 |
confined person, or other person under disability may commence a | 7424 |
civil action in the probate court for authority to sell all or any | 7425 |
part of the real | 7426 |
advantage of the ward to lay out all or any part of the | 7427 |
property in town lots, application for | 7428 |
also be made in the action. | 7429 |
When the same person is guardian for two or more wards whose | 7430 |
real | 7431 |
actions may be joined, and in one complaint the guardian may ask | 7432 |
for the sale of the interest of all or any number of | 7433 |
guardian's wards in the real | 7434 |
are guardians of wards interested jointly or in common in the same | 7435 |
real | 7436 |
same action. On the hearing, in either case, the court may | 7437 |
authorize the sale of the interest of one or more of the wards. | 7438 |
Sec. 2127.06. If the fiduciary who brings an action under | 7439 |
section 2127.01 to 2127.43 | 7440 |
resigns, or is removed, or
| 7441 |
time before the real | 7442 |
fiduciary may be substituted as a party to the action and may | 7443 |
convey | 7444 |
successor fiduciary's appointment. | 7445 |
also be required to give an additional bond. | 7446 |
Sec. 2127.07. Any interest in real | 7447 |
legal or equitable, | 7448 |
dispose of at the time of | 7449 |
which the ward was seized at the time the action was brought, | 7450 |
including coal, iron ore, limestone, fireclay, or other mineral | 7451 |
upon or under | 7452 |
them, may be sold by an executor, administrator, or guardian under | 7453 |
sections 2127.01 to 2127.43 | 7454 |
section does not give an executor or administrator with the will | 7455 |
annexed authority to sell real | 7456 |
legacies, other than as charged by the testator or by operation of | 7457 |
law. This section does not give a guardian authority to sell an | 7458 |
equitable estate in real | 7459 |
beyond the power of the ward to sell, convey, or assign. | 7460 |
Sec. 2127.08. When the interest of a decedent or ward in | 7461 |
real | 7462 |
authority to sell | 7463 |
7464 | |
administrator, or guardian, | 7465 |
interest, or any lien holder may, by pleading filed in the cause | 7466 |
setting forth all interests in the property and liens | 7467 |
the property, require that the action include the entire interest | 7468 |
in the property, and the owner of | 7469 |
shall receive | 7470 |
sale after payment has been made of the expenses of sale including | 7471 |
reasonable attorney fees for services in the case | 7472 |
fees | 7473 |
court awards some part | 7474 |
services in the case for the common benefit of all the parties, | 7475 |
having regard to the interest of the parties, the benefit each may | 7476 |
derive from the sale, and the equities of the case. The fees of | 7477 |
the executor, administrator, or guardian shall be a charge only | 7478 |
against | 7479 |
represents the interests of the decedent or ward. | 7480 |
Sec. 2127.09. An action by an executor, administrator, or | 7481 |
guardian to obtain authority to sell real | 7482 |
brought in the county in which
| 7483 |
guardian was appointed or in which the real | 7484 |
subject to sale or any part | 7485 |
If the action is brought in a county other than that in which the | 7486 |
real | 7487 |
situated, a certified transcript of the record of all proceedings | 7488 |
had | 7489 |
probate court of each county in which | 7490 |
property or any part | 7491 |
Sec. 2127.10. An action to obtain authority to sell real | 7492 |
7493 | |
or guardian by filing a complaint with the probate court. | 7494 |
The complaint shall contain a description of the real | 7495 |
property proposed to be sold and its value, as near as can be | 7496 |
ascertained, a statement of the nature of the interest of the | 7497 |
decedent or ward in the real | 7498 |
mortgages and liens upon and adverse interests in the real | 7499 |
property, the facts showing the reason or necessity for the sale, | 7500 |
and any additional facts necessary to constitute the cause of | 7501 |
action under the section of the Revised Code on which the action | 7502 |
is predicated. | 7503 |
Sec. 2127.11. When the actual market value of a decedent's | 7504 |
or ward's real
| 7505 |
thousand dollars, and the court so finds, it may by summary order | 7506 |
authorize the sale and conveyance of the | 7507 |
private sale, on | 7508 |
and in | 7509 |
2127.01 to 2127.43 of the Revised Code, as to service of summons, | 7510 |
appraisal, and additional bond, shall be waived. | 7511 |
Sec. 2127.12. In an action by an executor or administrator | 7512 |
to obtain authority to sell real | 7513 |
persons shall be made parties defendant: | 7514 |
(A) The surviving spouse; | 7515 |
(B) The heirs, devisees, or persons entitled to the next | 7516 |
estate of inheritance from the decedent in the real | 7517 |
property and having an interest in it, but their spouses need not | 7518 |
be made parties defendant; | 7519 |
(C) All mortgagees and other lienholders whose claims affect | 7520 |
the real | 7521 |
(D) If the interest subject to sale is equitable, all persons | 7522 |
holding legal title to the interest or any part of it, and those | 7523 |
who are entitled to the purchase money for it, other than | 7524 |
creditors; | 7525 |
(E) If a fraudulent transfer is sought to be set aside, all | 7526 |
persons holding or claiming under the transfer; | 7527 |
(F) All other persons having an interest in the real | 7528 |
property. | 7529 |
Sec. 2127.13. In an action by a guardian to obtain authority | 7530 |
to sell the real
| 7531 |
following persons shall be made parties defendant: | 7532 |
(A) The ward; | 7533 |
(B) The spouse of the ward; | 7534 |
(C) All persons entitled to the next estate of inheritance | 7535 |
from the ward in
| 7536 |
reside in Ohio, but their spouses need not be made parties | 7537 |
defendant; | 7538 |
(D) All lienholders whose claims affect | 7539 |
property or any part | 7540 |
(E) If the interest subject to | 7541 |
all persons holding legal title | 7542 |
any part | 7543 |
(F) All other persons having an interest in | 7544 |
7545 |
Sec. 2127.14. Service of summons, actual or constructive, in | 7546 |
an action to sell the real | 7547 |
shall be had as in other civil actions, but if any competent | 7548 |
person in interest enters appearance or consents in writing to the | 7549 |
sale, service on | 7550 |
parties consent in writing to the sale, an order | 7551 |
sale may issue forthwith. | 7552 |
Sec. 2127.15. All pleadings and proceedings in an action to | 7553 |
obtain authority to sell the real | 7554 |
a ward in the probate court shall be the same as in other civil | 7555 |
actions, except as otherwise provided in sections 2127.01 to | 7556 |
2127.43 of the Revised Code. | 7557 |
Sec. 2127.16. In a sale of real | 7558 |
executor, administrator, or guardian, | 7559 |
property shall be sold free of all right and expectancy of dower | 7560 |
7561 | |
lieu of dower, the court shall allow to the person having any | 7562 |
dower interest in the property | 7563 |
just and reasonable value of | 7564 |
7565 |
Sec. 2127.17. In an action to obtain authority to sell real | 7566 |
7567 | |
an order for the sale of real | 7568 |
administrator, or guardian, and on hearing it appears to the court | 7569 |
that either the complaint or the objection is unreasonable, it may | 7570 |
award costs to the party prevailing on that issue. | 7571 |
Sec. 2127.18. Upon the hearing of an action to obtain | 7572 |
authority to sell real
| 7573 |
administrator, or guardian, if satisfied that all necessary | 7574 |
parties defendant are properly before the court, and that the | 7575 |
demand for relief ought to be granted, the court may determine the | 7576 |
equities among the parties and the priorities of lien of the | 7577 |
several lien holders on the real
| 7578 |
distribution of the money arising from the sale in accordance with | 7579 |
its determination. The court may in the same cause order | 7580 |
contributions among all parties in interest. | 7581 |
Sec. 2127.19. When an action to obtain authority to sell | 7582 |
real | 7583 |
probate judge shall make the necessary order for an entry of | 7584 |
release and satisfaction of all mortgages and other liens upon the | 7585 |
real | 7586 |
by the purchaser. The executor, administrator, or guardian shall | 7587 |
7588 | |
memorandum of the title of the case, the character of the | 7589 |
proceedings, and the volume and page of record where recorded, | 7590 |
upon the record of | 7591 |
the office where it appears as matter of record. If the executor, | 7592 |
administrator, or guardian fails to enter | 7593 |
satisfaction, the court | 7594 |
party, may enter | 7595 |
the executor's, administrator's, or guardian's cost bill the fee | 7596 |
provided by law for entering
| 7597 |
and a fee of twenty-five cents to the court. | 7598 |
Sec. 2127.21. If a guardian's complaint in an action to | 7599 |
obtain authority to sell real | 7600 |
real property laid out in town lots, and the court finds it to the | 7601 |
advantage of the ward, it shall authorize the survey and platting | 7602 |
of the | 7603 |
return of the survey and plat, the court, if it approves it, shall | 7604 |
authorize the guardian on behalf of
| 7605 |
sign, seal, and acknowledge the plat in that behalf for record. | 7606 |
Sec. 2127.22. If an appraisement of the real | 7607 |
is contained in the inventory required of an executor or | 7608 |
administrator by section 2115.02 of the Revised Code, and of a | 7609 |
guardian by section 2111.14 of the Revised Code, the probate court | 7610 |
may order a sale in accordance with the appraisement, or order a | 7611 |
new appraisement. If a new appraisement is not ordered, the value | 7612 |
set forth in the inventory shall be the appraised value of the | 7613 |
real | 7614 |
value returned shall be the appraised value of the real | 7615 |
property. | 7616 |
If the interest of the deceased or ward in the real | 7617 |
property is fractional and undivided, and if a party requests and | 7618 |
the court orders the entire interest in the real | 7619 |
to be sold, a new appraisement of the entire interest in the real | 7620 |
7621 |
If the relief requested is granted and new appraisement is | 7622 |
ordered, the court shall appoint one, or on request of the | 7623 |
executor, administrator, or guardian, not exceeding three | 7624 |
judicious and disinterested persons of the vicinity, not next of | 7625 |
kin of the complainant, to appraise the real | 7626 |
whole and in parcels at its true value in money. | 7627 |
7628 | |
appraisers in any or all of the counties in which the real | 7629 |
property or a part of it is situated. | 7630 |
Sec. 2127.23. The appraisers appointed under section 2127.22 | 7631 |
of the Revised Code shall agree to truly and impartially appraise | 7632 |
the real | 7633 |
and to perform the duties required of them by the order of the | 7634 |
court. The appraisement shall be signed by the appraisers, and the | 7635 |
officer to whom it is issued shall make return of it to the court | 7636 |
for confirmation. | 7637 |
Sec. 2127.24. | 7638 |
section 2127.22 of the Revised Code as an appraiser fails to | 7639 |
discharge | 7640 |
judge's own motion or on the motion of the executor, | 7641 |
administrator, or guardian may appoint another appraiser. | 7642 |
Sec. 2127.27. Upon the return and approval of the | 7643 |
appraisement provided for by section 2127.22 of the Revised Code, | 7644 |
the court shall require the executor, administrator, or guardian | 7645 |
to execute a bond with two or more personal sureties, or one or | 7646 |
more corporate sureties, whose qualifications shall be those | 7647 |
provided by section 2109.17 of the Revised Code. | 7648 |
shall be payable to the state in an amount | 7649 |
7650 | |
7651 | |
original bond given by the executor, administrator, or guardian, | 7652 |
and the distribution to be made of the proceeds arising from the | 7653 |
sale | 7654 |
discharge of | 7655 |
duties and the payment of, and accounting for, all moneys arising | 7656 |
from | 7657 |
additional to that given by the executor, administrator, or | 7658 |
guardian at the time of
| 7659 |
amount of the original bond given by the executor, administrator, | 7660 |
or guardian is sufficient, having regard for the amount of real | 7661 |
7662 | |
distribution to be made of the proceeds arising from the sale, the | 7663 |
giving of additional bond may be dispensed with by order of the | 7664 |
court. | 7665 |
executor, administrator, or guardian | 7666 |
appointed. | 7667 |
If the action to obtain authority to sell real | 7668 |
property is pending in another court, the latter shall proceed no | 7669 |
further until there is filed | 7670 |
from the court | 7671 |
guardian | 7672 |
that | 7673 |
sufficient. This section does not prevent the court in an action | 7674 |
to sell real | 7675 |
real | 7676 |
provided by | 7677 |
give bond. | 7678 |
Sec. 2127.28. The probate court may, after notice to all | 7679 |
parties in interest, allow a real estate commission in an action | 7680 |
to sell real | 7681 |
guardian, but an allowance shall be passed upon by the court prior | 7682 |
to the sale. | 7683 |
The court may allow payment for certificate or abstract of | 7684 |
title or policy of title insurance in connection with the sale of | 7685 |
any | 7686 |
Sec. 2127.29. When the bond required by section 2127.27 of | 7687 |
the Revised Code is filed and approved by the court, it shall | 7688 |
order the sale of the real | 7689 |
complaint set forth in section 2127.10 of the Revised Code, or the | 7690 |
part of the real | 7691 |
the interest of all parties concerned. If the complaint alleges | 7692 |
that it is necessary to sell part of the real | 7693 |
that by the partial sale the residue of the | 7694 |
or a specific part of it, would be greatly injured, the court, if | 7695 |
it so finds, may order a sale of the whole | 7696 |
Sec. 2127.30. If the order of sale set forth in section | 7697 |
2127.29 of the Revised Code includes real | 7698 |
the ward or the estate has an equitable interest only, the court | 7699 |
may make an order for the appraisement and sale of | 7700 |
equitable estate free from dower, for the indemnity of the estate | 7701 |
against any claim for purchase money, and for payment of the value | 7702 |
of | 7703 |
equitable, having regard for the rights of all parties in | 7704 |
interest. | 7705 |
Sec. 2127.32. The real | 7706 |
court's order of sale, as provided in section 2127.29 of the | 7707 |
Revised Code, shall be sold either in whole or in parcels at | 7708 |
public auction at the door of the courthouse in the county in | 7709 |
which the order of sale was granted, or at another place, as the | 7710 |
court directs, and the order shall fix the place, day, and hour of | 7711 |
sale. If it appears to be more for the interest of the ward or the | 7712 |
estate to sell the real | 7713 |
may authorize the complainant to sell it either in whole or in | 7714 |
parcels. If an order for private sale is issued, it shall be | 7715 |
returned by the complainant. Upon motion and showing of a person | 7716 |
interested in the proceeds of the sale, filed after thirty days | 7717 |
from the date of the order, the court may require the complainant | 7718 |
to return the order, if the premises have not been sold.
| 7719 |
Upon return of the order, the court may order the real | 7720 |
property to be sold at public sale. | 7721 |
If upon showing of any person interested, the court finds | 7722 |
that it will be to the interest of the ward or the estate, it may | 7723 |
order a reappraisement and sale in parcels. | 7724 |
If the sale is to be public, the executor, administrator, or | 7725 |
guardian | 7726 |
by advertisement at least three weeks successively in a newspaper | 7727 |
published in the county where the | 7728 |
situated. | 7729 |
Sec. 2127.33. | 7730 |
provided in section 2127.32 of the Revised Code is private, the | 7731 |
real | 7732 |
value. | 7733 |
property if improved shall not be sold for less than two thirds of | 7734 |
the appraised value, or if not improved, for less than one half of | 7735 |
the appraised value. In private sales if no sale has been effected | 7736 |
after one bona fide effort to sell under this section, or if in | 7737 |
public sales the | 7738 |
bidders when offered pursuant to advertisement, the court may fix | 7739 |
the price for which | 7740 |
may set aside the appraisement and order a new appraisement. If | 7741 |
7742 | |
and upon the first offer | 7743 |
public sale there are no bids, then upon the motion of any party | 7744 |
interested the court may order the real | 7745 |
readvertised and sold at public auction to the highest bidder. | 7746 |
Sec. 2127.34. The order for the sale of real | 7747 |
property, granted by the probate court in an action by an | 7748 |
executor, administrator, or guardian, shall prescribe the terms of | 7749 |
the sale, and payment of the purchase money, either in whole or in | 7750 |
part, for cash, or on deferred payments. In the sales by executors | 7751 |
or administrators, deferred payments shall not exceed two years | 7752 |
with interest. | 7753 |
Sec. 2127.35. An executor, administrator, or guardian shall | 7754 |
make return of | 7755 |
proceedings under the order for the sale of real | 7756 |
granted by the probate court. The court, after careful | 7757 |
examination, if satisfied that the sale has in all respects been | 7758 |
legally made, shall confirm the sale, and order the executor, | 7759 |
administrator, or guardian to make a deed to the purchaser. | 7760 |
The deed shall be received in all courts as prima-facie | 7761 |
evidence that the executor, administrator, or guardian in all | 7762 |
respects observed the direction of the court, and complied with | 7763 |
the requirements of the law, | 7764 |
real | 7765 |
vest title to the interest in the purchaser as if conveyed by the | 7766 |
deceased in | 7767 |
disability, and by the owners of the remaining interests in the | 7768 |
real | 7769 |
Sec. 2127.36. The order for the sale of real | 7770 |
granted in an action by an executor, administrator, or guardian | 7771 |
shall require that before the delivery of the deed the deferred | 7772 |
installments of the purchase money be secured by mortgage on the | 7773 |
real | 7774 |
a rate approved by the probate court. If after the sale is made, | 7775 |
and before delivery of the deed, the purchaser offers to pay the | 7776 |
full amount of the purchase money in cash, the court may order | 7777 |
that it be accepted, if for the best interest of the estate or the | 7778 |
ward, and direct its distribution. | 7779 |
The court in | 7780 |
without recourse, of any or all of the notes taken for deferred | 7781 |
payments, if for the best interest of the estate or the ward, at | 7782 |
not less than their face value with accrued interest, and direct | 7783 |
the distribution of the proceeds. | 7784 |
Sec. 2127.37. | 7785 |
is prosecuted by an executor or administrator | 7786 |
administrator shall be allowed the compensation provided by law, | 7787 |
by the probate court from which | 7788 |
administrator's letters issued. | 7789 |
guardian, | 7790 |
action shall be considered by the court appointing | 7791 |
guardian in awarding | 7792 |
considers reasonable. | 7793 |
Sec. 2127.38. The sale price of real | 7794 |
following an action by an executor, administrator, or guardian | 7795 |
shall be applied and distributed as follows: | 7796 |
(A) To discharge the costs and expenses of the sale, | 7797 |
including reasonable fees to be fixed by the probate court for | 7798 |
services performed by attorneys for the fiduciary in connection | 7799 |
with the sale, and compensation, if any, to the fiduciary for | 7800 |
services in connection with the sale as the court may fix, which | 7801 |
costs, expenses, fees, and compensation shall be paid prior to any | 7802 |
liens upon the real | 7803 |
purchase of the real | 7804 |
(B) To the payment of taxes, interest, penalties, and | 7805 |
assessments then due against the real | 7806 |
payment of mortgages and judgments against the ward or deceased | 7807 |
person, according to their respective priorities of lien, so far | 7808 |
as they operated as a lien on the real | 7809 |
deceased at the time of the sale, or on the estate of the ward at | 7810 |
the time of the sale, | 7811 |
determined by the court, or on reference to a master, or | 7812 |
otherwise; | 7813 |
(C)(1) In the case of an executor or administrator, the | 7814 |
remaining proceeds of sale shall be applied as follows: | 7815 |
| 7816 |
property of the deceased was charged, if the action is to sell | 7817 |
real | 7818 |
| 7819 |
order provided by law. | 7820 |
(2) Whether the executor or administrator was appointed in | 7821 |
this state or elsewhere, the surplus of the proceeds of sale | 7822 |
shall be considered for all purposes as real | 7823 |
be disposed of accordingly. | 7824 |
Sec. 2127.39. | 7825 |
is brought by an executor or administrator with the will annexed, | 7826 |
if in the | 7827 |
the decedent's estate for the payment of debts, or a provision | 7828 |
that may require or induce the probate court to marshal the assets | 7829 |
differently from the way the law otherwise would prescribe, | 7830 |
those devises, or parts of the will, shall be set forth in the | 7831 |
complaint, and a copy of the will exhibited to the court, | 7832 |
whereupon the court shall marshal the proceeds of the sale | 7833 |
accordingly, so far as it can be done consistently with the rights | 7834 |
of creditors. | 7835 |
Sec. 2127.40. When an action is brought by an executor or | 7836 |
administrator to sell real | 7837 |
7838 | |
interests in | 7839 |
transferred by the decedent in | 7840 |
intent to defraud | 7841 |
real property fraudulently transferred cannot be taken from any | 7842 |
person who purchased them for a valuable consideration, in good | 7843 |
faith, and without knowledge of the fraud. No claim to | 7844 |
that real property shall be made unless within four years next | 7845 |
after the decease of the grantor. | 7846 |
If real | 7847 |
included in | 7848 |
either before or at the same time, may commence a civil action in | 7849 |
the court of common pleas in the county in which the real | 7850 |
property is situated to recover possession of it, or, in | 7851 |
action for its sale,
| 7852 |
the fraud and have the fraudulent transfer avoided. But when the | 7853 |
real | 7854 |
recovery of possession by the executor or administrator, the | 7855 |
action shall be brought in the court of common pleas in the county | 7856 |
in which the real | 7857 |
Sec. 2127.41. If, after the institution of proceedings for | 7858 |
the partition of the real property of a decedent, it is found that | 7859 |
the assets in the | 7860 |
executor or administrator probably are insufficient to pay the | 7861 |
debts of the estate, together with the allowance for support of | 7862 |
the surviving spouse, minor children, or surviving spouse and | 7863 |
minor children as provided in section 2106.13 of the Revised Code, | 7864 |
the expenses of administration, and the legacies that are a charge | 7865 |
upon the real property, the executor or administrator shall make a | 7866 |
written statement to the probate court of the assets, | 7867 |
indebtedness, expenses, and legacies, and the court | 7868 |
shall ascertain the amount necessary to pay the debts, expenses, | 7869 |
and legacies and give a certificate of the amount to the executor | 7870 |
or administrator. | 7871 |
The executor or administrator then shall present the | 7872 |
certificate to the court in which the proceedings for partition | 7873 |
are or have been pending, and, on | 7874 |
or administrator, the court shall order the amount named in the | 7875 |
certificate to be paid over to the executor or administrator out | 7876 |
of the proceeds of the sale of the premises, if thereafter they | 7877 |
are sold or already have been sold. This section does not prohibit | 7878 |
an executor or administrator from proceeding to sell real property | 7879 |
belonging to the estate for the payment of debts or legacies, | 7880 |
although it has been sold on partition or otherwise, or the | 7881 |
proceeds of the sale have been fully distributed. | 7882 |
Sec. 2127.42. Wards living out of this state and owning | 7883 |
7884 | |
sections 2127.01 to 2127.43 of the Revised Code. Complaints for | 7885 |
the sale of real | 7886 |
shall be filed in the county in which the | 7887 |
situated, or if situated in two or more counties, then in one of | 7888 |
the counties in which a part of it is situated. Additional | 7889 |
security shall be required from | 7890 |
considered necessary by the probate court of the county in which | 7891 |
the complaints are filed. | 7892 |
Sec. 2127.43. | 7893 |
extends to an action brought by the trustee of a nonresident minor | 7894 |
or mentally ill or deficient person to sell the real | 7895 |
property of the ward. | 7896 |
Sec. 2129.02. | 7897 |
testamentary have been granted in any state other than this state, | 7898 |
in any territory or possession of the United States, or in any | 7899 |
foreign country, as to the estate of a deceased resident of that | 7900 |
state, territory, possession, or country, and | 7901 |
administration proceedings have been commenced in this state, the | 7902 |
person to whom the letters of appointment were granted may file an | 7903 |
authenticated copy of them in the probate court of any county of | 7904 |
this state in which is located real | 7905 |
decedent. | 7906 |
The claim of any creditor of | 7907 |
subject to section 2117.06 of the Revised Code. The person filing | 7908 |
7909 | |
against claims against the estate established by that section, by | 7910 |
giving written notice to a potential claimant that identifies the | 7911 |
decedent by name, states the date of the death of the decedent, | 7912 |
identifies the court, states its mailing address, and informs the | 7913 |
potential claimant that any claims | 7914 |
have against the estate are required to be presented to the court | 7915 |
within the earlier of thirty days after receipt of the notice by | 7916 |
the potential claimant or | 7917 |
the death of the decedent. A claim of that potential claimant that | 7918 |
is not presented to the court within the earlier of thirty days | 7919 |
after receipt of the notice by the potential claimant or | 7920 |
six months after the date of the death of the decedent is forever | 7921 |
barred as a possible lien upon the real
| 7922 |
decedent in this state. If, at the expiration of that period, any | 7923 |
such claim has been filed and remains unpaid after reasonable | 7924 |
notice of the claim to the nonresident executor or administrator, | 7925 |
ancillary administration proceedings as to the estate may be had | 7926 |
forthwith. | 7927 |
Sec. 2129.05. Authenticated copies of wills, executed and | 7928 |
proved according to the laws of any state or territory of the | 7929 |
United States, relative to property in this state, may be admitted | 7930 |
to record in the probate court of a county where a part of | 7931 |
that property is situated. | 7932 |
recorded, shall be as valid as wills made in this state. | 7933 |
When such a will, or authenticated copy, is admitted to | 7934 |
record, a copy
| 7935 |
with the copy of the order to record it annexed | 7936 |
copy, certified by the probate judge under the seal of | 7937 |
probate court, may be filed and recorded in the office of the | 7938 |
probate judge of any other county where a part of | 7939 |
property is situated, and it shall be as effectual as the | 7940 |
authenticated copy of | 7941 |
admitted to record by the court. | 7942 |
Sec. 2129.08. (A) After an authenticated copy of the will of | 7943 |
a nonresident decedent has been allowed and admitted to record as | 7944 |
provided in this chapter, and after there has been filed in the | 7945 |
probate court a complete exemplification of the record of the | 7946 |
grant of the domiciliary letters of appointment and of any other | 7947 |
records of the court of domiciliary administration that the court | 7948 |
requires, the court shall appoint as the ancillary administrator | 7949 |
the person named in the will, or nominated in accordance with any | 7950 |
power of nomination conferred in the will, as general executor of | 7951 |
the decedent's estate or as executor of the portion of the | 7952 |
decedent's estate located in this state, provided that the person | 7953 |
makes application and qualifies under division (B)(2) of section | 7954 |
2109.21 of the Revised Code and in all other respects as required | 7955 |
by law. If the testator in the will naming or providing for the | 7956 |
nomination of that executor orders or requests that bond not be | 7957 |
given by | 7958 |
sufficient reason, the court requires it. | 7959 |
(B) If a nonresident decedent died intestate, or failed to | 7960 |
designate in | 7961 |
qualified to act as ancillary administrator or to confer in the | 7962 |
will a power to nominate a person as an executor as described in | 7963 |
division (A) of this section, or if the will of a nonresident | 7964 |
decedent conferred | 7965 |
act as ancillary administrator was nominated, the court shall | 7966 |
appoint in | 7967 |
resident of the county including, but not limited to, a creditor | 7968 |
of the estate. | 7969 |
(C) An ancillary administrator, acting as to the estate of a | 7970 |
testate decedent that is located in this state, may sell and | 7971 |
convey the real and personal property by virtue of the will as | 7972 |
executors or administrators with the will annexed may do. | 7973 |
(D) No person shall be appointed as an ancillary | 7974 |
administrator of the estate of a nonresident presumed decedent | 7975 |
that is located in this state, except after Chapter 2121. of the | 7976 |
Revised Code, relative to the appointment of an ancillary | 7977 |
administrator, has been complied with. | 7978 |
Sec. 2129.11. If no domiciliary administration has been | 7979 |
commenced, the ancillary administrator shall proceed with the | 7980 |
administration in | 7981 |
a resident of | 7982 |
death. | 7983 |
Sec. 2129.13. If an ancillary administrator finds that the | 7984 |
personal property of the nonresident decedent in | 7985 |
is not sufficient to pay the expenses of administration, public | 7986 |
rates and taxes, and other valid claims | 7987 |
presented, | 7988 |
much of the real | 7989 |
state | 7990 |
shall be the same as in sales of real | 7991 |
administration proceedings relating to the estates of resident | 7992 |
decedents under sections 2127.01 to 2127.43 | 7993 |
Revised Code. | 7994 |
Sec. 2129.14. A domiciliary executor or administrator of a | 7995 |
nonresident decedent may file in the probate court by which the | 7996 |
ancillary administrator was appointed information showing that it | 7997 |
will be necessary to sell | 7998 |
decedent located in this state to pay debts and legacies, and the | 7999 |
court may thereupon authorize the ancillary administrator to sell | 8000 |
8001 | |
necessary. The ancillary administrator shall proceed to sell
| 8002 |
the real | 8003 |
of the Revised Code. | 8004 |
Sec. 2129.15. Within five months after | 8005 |
ancillary administrator of a nonresident decedent shall forward to | 8006 |
the domiciliary administrator, if any, of | 8007 |
the name and address of | 8008 |
known, a certificate showing all assets of the estate in this | 8009 |
state and all debts and liabilities including estimated expenses | 8010 |
of administration. If the name and address of | 8011 |
administrator are not known, | 8012 |
forwarded to the next of kin of the deceased whose names and | 8013 |
addresses are known and to the court having jurisdiction in estate | 8014 |
matters in the county in which the decedent resided at the time of | 8015 |
8016 |
Sec. 2129.17. An ancillary administrator shall file in the | 8017 |
probate court of every county in | 8018 |
8019 | |
copy of the records in the court of | 8020 |
administrator's appointment | 8021 |
that real | 8022 |
Sec. 2129.18. Whenever property of a nonresident decedent as | 8023 |
to whose estate ancillary administration proceedings are being had | 8024 |
in | 8025 |
under a will to a beneficiary not named | 8026 |
proceedings may be had to determine the persons entitled to | 8027 |
that property in the same manner as in the estates of resident | 8028 |
decedents under sections 2123.01 to 2123.07 | 8029 |
Revised Code. The ancillary administrator shall file a certified | 8030 |
copy of | 8031 |
8032 | |
located. | 8033 |
court for the information of the court a certified copy of any | 8034 |
determination of heirship relative to | 8035 |
made in the state of the domiciliary administration. | 8036 |
Sec. 2129.19. Prior to filing | 8037 |
administrator's final account, an ancillary administrator shall | 8038 |
file in the probate court an application for a certificate of | 8039 |
transfer as to the real | 8040 |
decedent situated in | 8041 |
administration of the estates of resident decedents under section | 8042 |
2113.61 of the Revised Code. | 8043 |
Sec. 2129.23. When the expense of the ancillary | 8044 |
administration of a nonresident decedent's estate, including | 8045 |
any attorney's fee | 8046 |
public charges and taxes, and all claims of creditors presented as | 8047 |
provided in section 2129.12 of the Revised Code, have been paid, | 8048 |
any residue of the personal | 8049 |
any real | 8050 |
distributed by the ancillary administrator as follows: | 8051 |
(A) With the approval of the court | 8052 |
delivered to the domiciliary administrator or executor. | 8053 |
(B) If the court so orders, | 8054 |
delivered to the persons entitled | 8055 |
Sec. 2129.25. When an executor or administrator is appointed | 8056 |
in any other state, territory, or foreign country for the estate | 8057 |
of a person dying out of this state, and no executor or | 8058 |
administrator | 8059 |
the foreign executor or administrator may file an authenticated | 8060 |
copy of
| 8061 |
in the probate court of any county in which there is real
| 8062 |
property of the deceased, together with an authenticated copy of | 8063 |
the will. After filing | 8064 |
or administrator may be authorized, under an order of the court, | 8065 |
to sell real | 8066 |
and charges of administration, in the manner prescribed in | 8067 |
sections 2127.01 to 2127.43 | 8068 |
Sec. 2129.26. | 8069 |
granting the order of sale set forth in section 2129.25 of the | 8070 |
Revised Code that the foreign executor or administrator is bound | 8071 |
with sufficient surety in the state or country in which
| 8072 |
foreign executor or administrator was appointed to account for the | 8073 |
proceeds of | 8074 |
and for charges of administration, and an authenticated copy of | 8075 |
8076 | |
shall be required of | 8077 |
8078 | |
making | 8079 |
8080 | |
sureties, conditioned to account for and dispose of | 8081 |
proceeds of the sale for the payment of the debts or legacies of | 8082 |
the deceased and the charges of administration according to the | 8083 |
laws of the state or country in which | 8084 |
administrator was appointed. | 8085 |
| 8086 |
authorized by order of the court to sell more than is necessary | 8087 |
for the payment of debts, legacies, and charges of administration, | 8088 |
before making the sale, | 8089 |
shall give bond with two or more sufficient sureties to this | 8090 |
state, conditioned to account before the court for all the | 8091 |
proceeds of the sale that remain and to dispose of | 8092 |
proceeds after payment of | 8093 |
Sec. 2129.28. If a trustee is named in a foreign will | 8094 |
that creates a trust relating to | 8095 |
this state, | 8096 |
bond to the state in | 8097 |
that the probate court of the county in which | 8098 |
property or a part | 8099 |
approves, conditioned to discharge with fidelity the trust reposed | 8100 |
in
| 8101 |
orders or requests that bond | 8102 |
bond shall not be required, unless for sufficient cause the court | 8103 |
requires it. | 8104 |
Sec. 2129.29. If a trustee has been appointed under a | 8105 |
foreign will | 8106 |
property situated in this state by a foreign court according to | 8107 |
the laws of the foreign jurisdiction, | 8108 |
the trust upon giving bond as provided in section 2129.28 of the | 8109 |
Revised Code, and after satisfying the probate court of the county | 8110 |
in which | 8111 |
situated, by an authenticated record of | 8112 |
the person or entity has been appointed trustee to execute the | 8113 |
trust. | 8114 |
Sec. 2129.30. | 8115 |
county where the property affected by the trust is situated, on | 8116 |
application by petition of the parties interested, may appoint a | 8117 |
trustee to carry into effect a trust created by a foreign will. | 8118 |
8119 | |
give bond with | 8120 |
the court directs. | 8121 |
Sec. 2131.08. (A) Subject to sections 1746.14, 1747.09, and | 8122 |
2131.09 of the Revised Code, no interest in real or personal | 8123 |
property shall be good unless it must vest, if at all, not later | 8124 |
than twenty-one years after a life or lives in being at the | 8125 |
creation of the interest. All estates given in tail, by deed or | 8126 |
will, in | 8127 |
shall be and remain an absolute estate in fee simple to the issue | 8128 |
of the first donee in tail. It is the intention by the adoption of | 8129 |
this section to make effective in this state what is generally | 8130 |
known as the common law rule against perpetuities, except as set | 8131 |
forth in divisions (B) and (C) of this section. | 8132 |
(B) For the purposes of this section and subject to sections | 8133 |
1746.14, 1747.09, and 2131.09 of the Revised Code, the time of the | 8134 |
creation of an interest in real or personal property subject to a | 8135 |
power reserved by the grantor to revoke or terminate the interest | 8136 |
shall be the time at which the reserved power expires by reason of | 8137 |
the death of the grantor, by release of the power, or otherwise. | 8138 |
(C) Any interest in real or personal property that would | 8139 |
violate the rule against perpetuities, under division (A) of this | 8140 |
section, shall be reformed, within the limits of the rule, to | 8141 |
approximate most closely the intention of the creator of the | 8142 |
interest. In determining whether an interest would violate the | 8143 |
rule and in reforming an interest, the period of perpetuities | 8144 |
shall be measured by actual rather than possible events. | 8145 |
(D) Divisions (B) and (C) of this section shall be effective | 8146 |
with respect to interests in real or personal property created by | 8147 |
wills of decedents dying after December 31, 1967, with respect to | 8148 |
interests in real or personal property created by inter vivos | 8149 |
instruments executed after December 31, 1967, and with respect to | 8150 |
interests in real or personal property created by inter vivos | 8151 |
instruments executed on or before December 31, 1967, that by | 8152 |
reason of division (B) of this section will be treated as | 8153 |
interests created after December 31, 1967. Divisions (B) and (C) | 8154 |
of this section shall be effective with respect to interests in | 8155 |
real or personal property created by the exercise of a power of | 8156 |
appointment if divisions (B) and (C) of this section apply to the | 8157 |
instrument that exercises the power, whether or not divisions (B) | 8158 |
and (C) of this section apply to the instrument that creates the | 8159 |
power. | 8160 |
Sec. 2131.11. | 8161 |
account, deposit, or stock deposit is made | 8162 |
and loan or savings and loan association, credit union, or society | 8163 |
for savings, payable to the owner during
| 8164 |
and to another on | 8165 |
certificate, share account, deposit, or stock deposit | 8166 |
8167 | |
or dividend | 8168 |
be paid to the owner during | 8169 |
the owner's death | 8170 |
account, deposit, or stock deposit | 8171 |
certificate, account, or deposit, or any interest or dividend | 8172 |
8173 | |
the designated beneficiary, and the receipt of acquittance of the | 8174 |
person paid is a sufficient release and discharge of the bank, | 8175 |
building and loan or savings and loan association, credit union, | 8176 |
or society for savings for any payment so made. | 8177 |
Sec. 2133.04. (A) A declarant may revoke a declaration at | 8178 |
any time and in any manner. The revocation shall be effective when | 8179 |
the declarant expresses | 8180 |
declaration, except that, if the declarant made | 8181 |
declarant's attending physician aware of the declaration, the | 8182 |
revocation shall be effective upon its communication to the | 8183 |
attending physician of the declarant by the declarant | 8184 |
witness to the revocation, or other health care personnel to whom | 8185 |
the revocation is communicated by | 8186 |
actual knowledge to the contrary, the attending physician of a | 8187 |
declarant and other health care personnel who are informed of the | 8188 |
revocation of a declaration by an alleged witness may rely on the | 8189 |
information and act in accordance with the revocation. | 8190 |
(B) Upon the communication as described in division (A) of | 8191 |
this section to the attending physician of a declarant of the fact | 8192 |
that | 8193 |
or other health care personnel acting under the direction of the | 8194 |
attending physician shall make the fact a part of the declarant's | 8195 |
medical record. | 8196 |
Sec. 2133.05. (A) If the attending physician of a declarant | 8197 |
and one other physician who examines the declarant determine that | 8198 |
8199 | |
unconscious state, whichever is addressed in the declaration, if | 8200 |
the attending physician additionally determines that the declarant | 8201 |
no longer is able to make informed decisions regarding the | 8202 |
administration of life-sustaining treatment for | 8203 |
declarant and that there is no reasonable possibility that the | 8204 |
declarant will regain the capacity to make those informed | 8205 |
decisions for | 8206 |
physician is aware of the existence of the declarant's | 8207 |
declaration, then the attending physician shall do all of the | 8208 |
following: | 8209 |
(1) Record the determinations, together with the terms of the | 8210 |
declaration or any copy of the declaration acquired as described | 8211 |
in division (C) of section 2133.02 of the Revised Code, in the | 8212 |
declarant's medical record; | 8213 |
(2)(a) Make a good faith effort, and use reasonable | 8214 |
diligence, to notify either of the following of the | 8215 |
determinations: | 8216 |
(i) If the declarant designated in | 8217 |
declaration one or more persons to be notified at any time that | 8218 |
life-sustaining treatment would be withheld or withdrawn pursuant | 8219 |
to the declaration, that person or those persons; | 8220 |
(ii) If division (A)(2)(a)(i) of this section is not | 8221 |
applicable, the appropriate individual or individuals, in | 8222 |
accordance with the following descending order of priority: if | 8223 |
any, the guardian of the declarant, but this division does not | 8224 |
permit or require, and shall not be construed as permitting or | 8225 |
requiring, the appointment of a guardian for the declarant; the | 8226 |
declarant's spouse; the declarant's adult children who are | 8227 |
available within a reasonable period of time for consultation with | 8228 |
the declarant's attending physician; the declarant's parents; or | 8229 |
an adult sibling of the declarant or, if there is more than one | 8230 |
adult sibling, a majority of the declarant's adult siblings who | 8231 |
are available within a reasonable period of time for
| 8232 |
consultation. | 8233 |
(b) The attending physician shall record in the declarant's | 8234 |
medical record the names of the individual or individuals notified | 8235 |
pursuant to division (A)(2)(a) of this section and the manner of | 8236 |
notification. | 8237 |
(c) If, despite making a good faith effort, and despite using | 8238 |
reasonable diligence, to notify the appropriate individual or | 8239 |
individuals described in division (A)(2)(a) of this section, the | 8240 |
attending physician cannot notify the individual or individuals of | 8241 |
the determinations because the individual or individuals are | 8242 |
deceased, cannot be located, or cannot be notified for some other | 8243 |
reason, then the requirements of divisions (A)(2)(a) and (b) and | 8244 |
(3) of this section and, except as provided in division (B)(1)(b) | 8245 |
of this section, the provisions of division (B) of this section | 8246 |
shall not apply in connection with the declarant and | 8247 |
declarant's declaration. However, the attending physician shall | 8248 |
record in the declarant's medical record information pertaining to | 8249 |
the reason for the failure to provide the requisite notices and | 8250 |
information pertaining to the nature of the good faith effort and | 8251 |
reasonable diligence used. | 8252 |
(3) Afford time for the individual or individuals notified in | 8253 |
accordance with division (A)(2) of this section to object in the | 8254 |
manner described in division (B)(1)(a) of this section. | 8255 |
(B)(1)(a) Within forty-eight hours after receipt of a notice | 8256 |
pursuant to division (A)(2) of this section, any individual so | 8257 |
notified shall advise the attending physician of the declarant | 8258 |
whether | 8259 |
(B)(2)(c) of this section. If an objection as described in that | 8260 |
division is communicated to the attending physician, then, within | 8261 |
two business days after the communication, the individual shall | 8262 |
file a complaint as described in division (B)(2) of this section | 8263 |
in the probate court of the county in which the declarant is | 8264 |
located. If the individual fails to so file a complaint, | 8265 |
individual's objections as described in division (B)(2)(c) of this | 8266 |
section shall be considered to be void. | 8267 |
(b) Within forty-eight hours after a person described in | 8268 |
division (A)(2)(a)(i) of this section or a priority individual or | 8269 |
any member of a priority class of individuals described in | 8270 |
division (A)(2)(a)(ii) of this section receives a notice pursuant | 8271 |
to division (A)(2) of this section or within forty-eight hours | 8272 |
after information pertaining to an unnotified person described in | 8273 |
division (A)(2)(a)(i) of this section or an unnotified priority | 8274 |
individual or unnotified priority class of individuals described | 8275 |
in division (A)(2)(a)(ii) of this section is recorded in a | 8276 |
declarant's medical record pursuant to division (A)(2)(c) of this | 8277 |
section, either of the following shall advise the attending | 8278 |
physician of the declarant whether | 8279 |
objection on a basis specified in division (B)(2)(c) of this | 8280 |
section: | 8281 |
(i) If a person described in division (A)(2)(a)(i) of this | 8282 |
section was notified pursuant to division (A)(2) of this section | 8283 |
or was the subject of a recordation under division (A)(2)(c) of | 8284 |
this section, then the objection shall be communicated by the | 8285 |
individual or a majority of the individuals in either of the first | 8286 |
two classes of individuals that pertain to the declarant in the | 8287 |
descending order of priority set forth in division (A)(2)(a)(ii) | 8288 |
of this section. | 8289 |
(ii) If an individual or individuals in the descending order | 8290 |
of priority set forth in division (A)(2)(a)(ii) of this section | 8291 |
were notified pursuant to division (A)(2) of this section or were | 8292 |
the subject of a recordation under division (A)(2)(c) of this | 8293 |
section, then the objection shall be communicated by the | 8294 |
individual or a majority of the individuals in the next class of | 8295 |
individuals that pertains to the declarant in the descending order | 8296 |
of priority set forth in division (A)(2)(a)(ii) of this section. | 8297 |
If an objection as described in division (B)(2)(c) of this | 8298 |
section is communicated to the attending physician in accordance | 8299 |
with division (B)(1)(b)(i) or (ii) of this section, then, within | 8300 |
two business days after the communication, the objecting | 8301 |
individual or majority shall file a complaint as described in | 8302 |
division (B)(2) of this section in the probate court of the county | 8303 |
in which the declarant is located. If the objecting individual or | 8304 |
majority fails to file a complaint, | 8305 |
described in division (B)(2)(c) of this section shall be | 8306 |
considered to be void. | 8307 |
(2) A complaint of an individual that is filed in accordance | 8308 |
with division (B)(1)(a) of this section or of an individual or | 8309 |
majority of individuals that is filed in accordance with division | 8310 |
(B)(1)(b) of this section shall satisfy all of the following: | 8311 |
(a) Name any health care facility in which the declarant is | 8312 |
confined; | 8313 |
(b) Name the declarant, | 8314 |
physician, and the consulting physician associated with the | 8315 |
determination that the declarant is in a terminal condition or in | 8316 |
a permanently unconscious state, whichever is addressed in the | 8317 |
declaration; | 8318 |
(c) Indicate whether the plaintiff or plaintiffs object on | 8319 |
one or more of the following bases: | 8320 |
(i) To the attending physician's and consulting physician's | 8321 |
determinations that the declarant is in a terminal condition or in | 8322 |
a permanently unconscious state, whichever is addressed in the | 8323 |
declaration; | 8324 |
(ii) To the attending physician's determination that the | 8325 |
declarant no longer is able to make informed decisions regarding | 8326 |
the administration of life-sustaining treatment; | 8327 |
(iii) To the attending physician's determination that there | 8328 |
is no reasonable possibility that the declarant will regain the | 8329 |
capacity to make informed decisions regarding the administration | 8330 |
of life-sustaining treatment; | 8331 |
(iv) That the course of action proposed to be undertaken by | 8332 |
the attending physician is not authorized by the declarant's | 8333 |
declaration; | 8334 |
(v) That the declaration was executed when the declarant was | 8335 |
not of sound mind or was under or subject to duress, fraud, or | 8336 |
undue influence; | 8337 |
(vi) That the declaration otherwise does not substantially | 8338 |
comply with this chapter. | 8339 |
(d) Request the probate court to issue one of the following | 8340 |
types of orders: | 8341 |
(i) An order to the attending physician to reevaluate, in | 8342 |
light of the court proceedings, the determination that the | 8343 |
declarant is in a terminal condition or in a permanently | 8344 |
unconscious state, whichever is addressed in the declaration, the | 8345 |
determination that the declarant no longer is able to make | 8346 |
informed decisions regarding the administration of life-sustaining | 8347 |
treatment, the determination that there is no reasonable | 8348 |
possibility that the declarant will regain the capacity to make | 8349 |
those informed decisions, or the course of action proposed to be | 8350 |
undertaken; | 8351 |
(ii) An order invalidating the declaration because it was | 8352 |
executed when the declarant was not of sound mind or was under or | 8353 |
subject to duress, fraud, or undue influence, or because it | 8354 |
otherwise does not substantially comply with this chapter; | 8355 |
(e) Be accompanied by an affidavit of the plaintiff or | 8356 |
plaintiffs that includes averments relative to whether | 8357 |
plaintiff is an individual or | 8358 |
as described in division (A)(2)(a)(i) or (ii) of this section and | 8359 |
to the factual basis for
| 8360 |
plaintiffs' objections; | 8361 |
(f) Name any individuals who were notified by the attending | 8362 |
physician in accordance with division (A)(2)(a) of this section | 8363 |
and who are not joining in the complaint as plaintiffs; | 8364 |
(g) Name, in the caption of the complaint, as defendants the | 8365 |
attending physician of the declarant, the consulting physician | 8366 |
associated with the determination that the declarant is in a | 8367 |
terminal condition or in a permanently unconscious state, | 8368 |
whichever is addressed in the declaration, any health care | 8369 |
facility in which the declarant is confined, and any individuals | 8370 |
who were notified by the attending physician in accordance with | 8371 |
division (A)(2)(a) of this section and who are not joining in the | 8372 |
complaint as plaintiffs. | 8373 |
(3) Notwithstanding any contrary provision of the Revised | 8374 |
Code or of the Rules of Civil Procedure, the state and persons | 8375 |
other than an objecting individual as described in division | 8376 |
(B)(1)(a) of this section, other than an objecting individual or | 8377 |
majority of individuals as described in division (B)(2)(b)(i) or | 8378 |
(ii) of this section, and other than persons described in division | 8379 |
(B)(2)(g) of this section are prohibited from commencing a civil | 8380 |
action under this section and from joining or being joined as | 8381 |
parties to an action commenced under this section, including | 8382 |
joining by way of intervention. | 8383 |
(4)(a) A probate court in which a complaint as described in | 8384 |
division (B)(2) of this section is filed within the period | 8385 |
specified in division (B)(1)(a) or (b) of this section shall | 8386 |
conduct a hearing on the complaint after a copy of the complaint | 8387 |
and a notice of the hearing have been served upon the defendants. | 8388 |
The clerk of the probate court in which the complaint is filed | 8389 |
shall cause the complaint and the notice of the hearing to be so | 8390 |
served in accordance with the Rules of Civil Procedure, which | 8391 |
service shall be made, if possible, within three days after the | 8392 |
filing of the complaint. The hearing shall be conducted at the | 8393 |
earliest possible time, but no later than the third business day | 8394 |
after | 8395 |
the hearing, the court shall enter on its journal its | 8396 |
determination whether a requested order will be issued. | 8397 |
(b) If the declarant's declaration authorized the use or | 8398 |
continuation of life-sustaining treatment should | 8399 |
be in a terminal condition or in a permanently unconscious state | 8400 |
and if the plaintiff or plaintiffs requested a reevaluation order | 8401 |
to the attending physician of the declarant as described in | 8402 |
division (B)(2)(d)(i) of this section, the court shall issue the | 8403 |
reevaluation order only if it finds that the plaintiff or | 8404 |
plaintiffs have established a factual basis for the objection or | 8405 |
objections involved by clear and convincing evidence, to a | 8406 |
reasonable degree of medical certainty, and in accordance with | 8407 |
reasonable medical standards. | 8408 |
(c) If the declarant's declaration authorized the withholding | 8409 |
or withdrawal of life-sustaining treatment should | 8410 |
be in a terminal condition or in a permanently unconscious state | 8411 |
and if the plaintiff or plaintiffs requested a reevaluation order | 8412 |
to the attending physician of the declarant as described in | 8413 |
division (B)(2)(d)(i) of this section, the court shall issue the | 8414 |
reevaluation order only if it finds that the plaintiff or | 8415 |
plaintiffs have established a factual basis for the objection or | 8416 |
objections involved by a preponderance of the evidence, to a | 8417 |
reasonable degree of medical certainty, and in accordance with | 8418 |
reasonable medical standards. | 8419 |
(d) If the plaintiff or plaintiffs requested an invalidation | 8420 |
order as described in division (B)(2)(d)(ii) of this section, the | 8421 |
court shall issue the order only if it finds that the plaintiff or | 8422 |
plaintiffs have established a factual basis for the objection or | 8423 |
objections involved by clear and convincing evidence. | 8424 |
(e) If the court issues a reevaluation order to the | 8425 |
declarant's attending physician pursuant to division (B)(4)(b) or | 8426 |
(c) of this section, then the attending physician shall make the | 8427 |
requisite reevaluation. If, after doing so, the attending | 8428 |
physician again determines that the declarant is in a terminal | 8429 |
condition or in a permanently unconscious state, that the | 8430 |
declarant no longer is able to make informed decisions regarding | 8431 |
the administration of life-sustaining treatment, that there is no | 8432 |
reasonable possibility that the declarant will regain the capacity | 8433 |
to make those informed decisions, or that | 8434 |
physician would undertake the same proposed course of action, then | 8435 |
8436 | |
the determination and comply with the provisions of section | 8437 |
2133.10 of the Revised Code. | 8438 |
Sec. 2133.06. (A) As long as a qualified patient is able to | 8439 |
make informed decisions regarding the administration of | 8440 |
life-sustaining treatment, | 8441 |
to do so. | 8442 |
(B) Life-sustaining treatment shall not be withheld or | 8443 |
withdrawn from a declarant pursuant to a declaration if | 8444 |
declarant is pregnant and if the withholding or withdrawal of the | 8445 |
treatment would terminate the pregnancy, unless the declarant's | 8446 |
attending physician and one other physician who has examined the | 8447 |
declarant determine, to a reasonable degree of medical certainty | 8448 |
and in accordance with reasonable medical standards, that the | 8449 |
fetus would not be born alive. | 8450 |
Sec. 2133.08. (A)(1) If written consent to the withholding | 8451 |
or withdrawal of life-sustaining treatment, witnessed by two | 8452 |
individuals who satisfy the witness eligibility criteria set forth | 8453 |
in division (B)(1) of section 2133.02 of the Revised Code, is | 8454 |
given by the appropriate individual or individuals as specified in | 8455 |
division (B) of this section to the attending physician of a | 8456 |
patient who is an adult, and if all of the following apply in | 8457 |
connection with the patient, then, subject to section 2133.09 of | 8458 |
the Revised Code, | 8459 |
withhold or withdraw the life-sustaining treatment: | 8460 |
(a) The attending physician and one other physician who | 8461 |
examines the patient determine, in good faith, to a reasonable | 8462 |
degree of medical certainty, and in accordance with reasonable | 8463 |
medical standards, that the patient is in a terminal condition or | 8464 |
the patient currently is and for at least the immediately | 8465 |
preceding twelve months has been in a permanently unconscious | 8466 |
state, and the attending physician additionally determines, in | 8467 |
good faith, to a reasonable degree of medical certainty, and in | 8468 |
accordance with reasonable medical standards, that the patient no | 8469 |
longer is able to make informed decisions regarding the | 8470 |
administration of life-sustaining treatment and that there is no | 8471 |
reasonable possibility that the patient will regain the capacity | 8472 |
to make those informed decisions. | 8473 |
(b) The patient does not have a declaration that addresses | 8474 |
8475 | |
in a terminal condition or in a permanently unconscious state, | 8476 |
whichever applies, or a durable power of attorney for health care, | 8477 |
or has a document that purports to be such a declaration or | 8478 |
durable power of attorney for health care but that document is not | 8479 |
legally effective. | 8480 |
(c) The consent of the appropriate individual or individuals | 8481 |
is given after consultation with the patient's attending physician | 8482 |
and after receipt of information from the patient's attending | 8483 |
physician or a consulting physician that is sufficient to satisfy | 8484 |
the requirements of informed consent. | 8485 |
(d) The appropriate individual or individuals who give a | 8486 |
consent are of sound mind and voluntarily give the consent. | 8487 |
(e) If a consent would be given under division (B)(3) of this | 8488 |
section, the attending physician made a good faith effort, and | 8489 |
used reasonable diligence, to notify the patient's adult children | 8490 |
who are available within a reasonable period of time for | 8491 |
consultation as described in division (A)(1)(c) of this section. | 8492 |
(2) The consulting physician under division (A)(1)(a) of this | 8493 |
section associated with a patient allegedly in a permanently | 8494 |
unconscious state shall be a physician who, by virtue of advanced | 8495 |
education or training, of a practice limited to particular | 8496 |
diseases, illnesses, injuries, therapies, or branches of medicine | 8497 |
or surgery or osteopathic medicine and surgery, of certification | 8498 |
as a specialist in a particular branch of medicine or surgery or | 8499 |
osteopathic medicine and surgery, or of experience acquired in the | 8500 |
practice of medicine or surgery or osteopathic medicine and | 8501 |
surgery, is qualified to determine whether the patient currently | 8502 |
is and for at least the immediately preceding twelve months has | 8503 |
been in a permanently unconscious state. | 8504 |
(B) For purposes of division (A) of this section, a consent | 8505 |
to withhold or withdraw life-sustaining treatment may be given by | 8506 |
the appropriate individual or individuals, in accordance with the | 8507 |
following descending order of priority: | 8508 |
(1) If any, the guardian of the patient. This division does | 8509 |
not permit or require, and shall not be construed as permitting or | 8510 |
requiring, the appointment of a guardian for the patient. | 8511 |
(2) The patient's spouse; | 8512 |
(3) An adult child of the patient or, if there is more than | 8513 |
one adult child, a majority of the patient's adult children who | 8514 |
are available within a reasonable period of time for consultation | 8515 |
with the patient's attending physician; | 8516 |
(4) The patient's parents; | 8517 |
(5) An adult sibling of the patient or, if there is more than | 8518 |
one adult sibling, a majority of the patient's adult siblings who | 8519 |
are available within a reasonable period of time for
| 8520 |
consultation; | 8521 |
(6) The nearest adult who is not described in divisions | 8522 |
(B)(1) to (5) of this section, who is related to the patient by | 8523 |
blood or adoption, and who is available within a reasonable period | 8524 |
of time for | 8525 |
(C) If an appropriate individual or class of individuals | 8526 |
entitled to decide under division (B) of this section whether or | 8527 |
not to consent to the withholding or withdrawal of life-sustaining | 8528 |
treatment for a patient is not available within a reasonable | 8529 |
period of time for | 8530 |
decide, or declines to so decide, then the next priority | 8531 |
individual or class of individuals specified in that division is | 8532 |
authorized to make the decision. However, an equal division in a | 8533 |
priority class of individuals under that division does not | 8534 |
authorize the next class of individuals specified in that division | 8535 |
to make the decision. If an equal division in a priority class of | 8536 |
individuals under that division occurs, no written consent to the | 8537 |
withholding or withdrawal of life-sustaining treatment from the | 8538 |
patient can be given pursuant to this section. | 8539 |
(D)(1) A decision to consent pursuant to this section to the | 8540 |
use or continuation, or the withholding or withdrawal, of | 8541 |
life-sustaining treatment for a patient shall be made in good | 8542 |
faith. | 8543 |
(2) Except as provided in division (D)(4) of this section, if | 8544 |
the patient previously expressed | 8545 |
the use or continuation, or the withholding or withdrawal, of | 8546 |
life-sustaining treatment should | 8547 |
a terminal condition or in a permanently unconscious state, | 8548 |
whichever applies, and no longer able to make informed decisions | 8549 |
regarding the administration of life-sustaining treatment, a | 8550 |
consent given pursuant to this section shall be valid only if it | 8551 |
is consistent with that previously expressed intention. | 8552 |
(3) Except as provided in division (D)(4) of this section, if | 8553 |
the patient did not previously express | 8554 |
respect to the use or continuation, or the withholding or | 8555 |
withdrawal, of life-sustaining treatment should | 8556 |
subsequently be in a terminal condition or in a permanently | 8557 |
unconscious state, whichever applies, and no longer able to make | 8558 |
informed decisions regarding the administration of life-sustaining | 8559 |
treatment, a consent given pursuant to this section shall be valid | 8560 |
only if it is consistent with the type of informed consent | 8561 |
decision that the patient would have made if | 8562 |
previously had expressed | 8563 |
or continuation, or the withholding or withdrawal, of | 8564 |
life-sustaining treatment should | 8565 |
a terminal condition or in a permanently unconscious state, | 8566 |
whichever applies, and no longer able to make informed decisions | 8567 |
regarding the administration of life-sustaining treatment, as | 8568 |
inferred from the lifestyle and character of the patient, and from | 8569 |
any other evidence of the desires of the patient, prior to | 8570 |
patient's becoming no longer able to make informed decisions | 8571 |
regarding the administration of life-sustaining treatment. The | 8572 |
Rules of Evidence shall not be binding for purposes of this | 8573 |
division. | 8574 |
(4)(a) The attending physician of the patient, and other | 8575 |
health care personnel acting under the direction of the attending | 8576 |
physician, who do not have actual knowledge of a previously | 8577 |
expressed intention as described in division (D)(2) of this | 8578 |
section or who do not have actual knowledge that the patient would | 8579 |
have made a different type of informed consent decision under the | 8580 |
circumstances described in division (D)(3) of this section, may | 8581 |
rely on a consent given in accordance with this section unless a | 8582 |
probate court decides differently under division (E) of this | 8583 |
section. | 8584 |
(b) The immunity conferred by division (C)(1) of section | 8585 |
2133.11 of the Revised Code is not forfeited by an individual who | 8586 |
gives a consent to the use or continuation, or the withholding or | 8587 |
withdrawal, of life-sustaining treatment for a patient under | 8588 |
division (B) of this section if the individual gives the consent | 8589 |
in good faith and without actual knowledge, at the time of giving | 8590 |
the consent, of either a contrary previously expressed intention | 8591 |
of the patient, or a previously expressed intention of the | 8592 |
patient, as described in division (D)(2) of this section, that is | 8593 |
revealed to the individual subsequent to the time of giving the | 8594 |
consent. | 8595 |
(E)(1) Within forty-eight hours after a priority individual | 8596 |
or class of individuals gives a consent pursuant to this section | 8597 |
to the use or continuation, or the withholding or withdrawal, of | 8598 |
life-sustaining treatment and communicates the consent to the | 8599 |
patient's attending physician, any individual described in | 8600 |
divisions (B)(1) to (5) of this section who objects to the | 8601 |
application of this section to the patient shall advise the | 8602 |
attending physician of the grounds for the objection. If an | 8603 |
objection is so communicated to the attending physician, then, | 8604 |
within two business days after that communication, the objecting | 8605 |
individual shall file a complaint against the priority individual | 8606 |
or class of individuals, the patient's attending physician, and | 8607 |
the consulting physician associated with the determination that | 8608 |
the patient is in a terminal condition or that the patient | 8609 |
currently is and for at least the immediately preceding twelve | 8610 |
months has been in a permanently unconscious state, in the probate | 8611 |
court of the county in which the patient is located for the | 8612 |
issuance of an order reversing the consent of the priority | 8613 |
individual or class of individuals. If the objecting individual | 8614 |
fails to so file a complaint, | 8615 |
shall be considered to be void. | 8616 |
A probate court in which a complaint is filed in accordance | 8617 |
with this division shall conduct a hearing on the complaint after | 8618 |
a copy of the complaint and a notice of the hearing have been | 8619 |
served upon the defendants. The clerk of the probate court in | 8620 |
which the complaint is filed shall cause the complaint and the | 8621 |
notice of the hearing to be so served in accordance with the Rules | 8622 |
of Civil Procedure, which service shall be made, if possible, | 8623 |
within three days after the filing of the complaint. The hearing | 8624 |
shall be conducted at the earliest possible time, but no later | 8625 |
than the third business day after | 8626 |
completed. Immediately following the hearing, the court shall | 8627 |
enter on its journal its determination whether the decision of the | 8628 |
priority individual or class of individuals to consent to the use | 8629 |
or continuation, or the withholding or withdrawal, of | 8630 |
life-sustaining treatment in connection with the patient will be | 8631 |
confirmed or reversed. | 8632 |
(2) If the decision of the priority individual or class of | 8633 |
individuals was to consent to the use or continuation of | 8634 |
life-sustaining treatment in connection with the patient, the | 8635 |
court only may reverse that consent if the objecting individual | 8636 |
establishes, by clear and convincing evidence and, if applicable, | 8637 |
to a reasonable degree of medical certainty and in accordance with | 8638 |
reasonable medical standards, one or more of the following: | 8639 |
(a) The patient is able to make informed decisions regarding | 8640 |
the administration of life-sustaining treatment. | 8641 |
(b) The patient has a legally effective declaration that | 8642 |
addresses | 8643 |
determined to be in a terminal condition or in a permanently | 8644 |
unconscious state, whichever applies, or a legally effective | 8645 |
durable power of attorney for health care. | 8646 |
(c) The decision to use or continue life-sustaining treatment | 8647 |
is not consistent with the previously expressed intention of the | 8648 |
patient as described in division (D)(2) of this section. | 8649 |
(d) The decision to use or continue life-sustaining treatment | 8650 |
is not consistent with the type of informed consent decision that | 8651 |
the patient would have made if | 8652 |
expressed | 8653 |
continuation, or the withholding or withdrawal, of life-sustaining | 8654 |
treatment should | 8655 |
condition or in a permanently unconscious state, whichever | 8656 |
applies, and no longer able to make informed decisions regarding | 8657 |
the administration of life-sustaining treatment as described in | 8658 |
division (D)(3) of this section. | 8659 |
(e) The decision of the priority individual or class of | 8660 |
individuals was not made after consultation with the patient's | 8661 |
attending physician and after receipt of information from the | 8662 |
patient's attending physician or a consulting physician that is | 8663 |
sufficient to satisfy the requirements of informed consent. | 8664 |
(f) The priority individual, or any member of the priority | 8665 |
class of individuals, who made the decision to use or continue | 8666 |
life-sustaining treatment was not of sound mind or did not | 8667 |
voluntarily make the decision. | 8668 |
(g) If the decision of a priority class of individuals under | 8669 |
division (B)(3) of this section is involved, the patient's | 8670 |
attending physician did not make a good faith effort, and use | 8671 |
reasonable diligence, to notify the patient's adult children who | 8672 |
were available within a reasonable period of time for consultation | 8673 |
as described in division (A)(1)(c) of this section. | 8674 |
(h) The decision of the priority individual or class of | 8675 |
individuals otherwise was made in a manner that does not comply | 8676 |
with this section. | 8677 |
(3) If the decision of the priority individual or class of | 8678 |
individuals was to consent to the withholding or withdrawal of | 8679 |
life-sustaining treatment in connection with the patient, the | 8680 |
court only may reverse that consent if the objecting individual | 8681 |
establishes, by a preponderance of the evidence and, if | 8682 |
applicable, to a reasonable degree of medical certainty and in | 8683 |
accordance with reasonable medical standards, one or more of the | 8684 |
following: | 8685 |
(a) The patient is not in a terminal condition, the patient | 8686 |
is not in a permanently unconscious state, or the patient has not | 8687 |
been in a permanently unconscious state for at least the | 8688 |
immediately preceding twelve months. | 8689 |
(b) The patient is able to make informed decisions regarding | 8690 |
the administration of life-sustaining treatment. | 8691 |
(c) There is a reasonable possibility that the patient will | 8692 |
regain the capacity to make informed decisions regarding the | 8693 |
administration of life-sustaining treatment. | 8694 |
(d) The patient has a legally effective declaration that | 8695 |
addresses | 8696 |
determined to be in a terminal condition or in a permanently | 8697 |
unconscious state, whichever applies, or a legally effective | 8698 |
durable power of attorney for health care. | 8699 |
(e) The decision to withhold or withdraw life-sustaining | 8700 |
treatment is not consistent with the previously expressed | 8701 |
intention of the patient as described in division (D)(2) of this | 8702 |
section. | 8703 |
(f) The decision to withhold or withdraw life-sustaining | 8704 |
treatment is not consistent with the type of informed consent | 8705 |
decision that the patient would have made if | 8706 |
previously had expressed | 8707 |
or continuation, or the withholding or withdrawal, of | 8708 |
life-sustaining treatment should | 8709 |
a terminal condition or in a permanently unconscious state, | 8710 |
whichever applies, and no longer able to make informed decisions | 8711 |
regarding the administration of life-sustaining treatment as | 8712 |
described in division (D)(3) of this section. | 8713 |
(g) The decision of the priority individual or class of | 8714 |
individuals was not made after consultation with the patient's | 8715 |
attending physician and after receipt of information from the | 8716 |
patient's attending physician or a consulting physician that is | 8717 |
sufficient to satisfy the requirements of informed consent. | 8718 |
(h) The priority individual, or any member of the priority | 8719 |
class of individuals, who made the decision to withhold or | 8720 |
withdraw life-sustaining treatment was not of sound mind or did | 8721 |
not voluntarily make the decision. | 8722 |
(i) If the decision of a priority class of individuals under | 8723 |
division (B)(3) of this section is involved, the patient's | 8724 |
attending physician did not make a good faith effort, and use | 8725 |
reasonable diligence, to notify the patient's adult children who | 8726 |
were available within a reasonable period of time for consultation | 8727 |
as described in division (A)(1)(c) of this section. | 8728 |
(j) The decision of the priority individual or class of | 8729 |
individuals otherwise was made in a manner that does not comply | 8730 |
with this section. | 8731 |
(4) Notwithstanding any contrary provision of the Revised | 8732 |
Code or of the Rules of Civil Procedure, the state and persons | 8733 |
other than individuals described in divisions (B)(1) to (5) of | 8734 |
this section are prohibited from filing a complaint under division | 8735 |
(E) of this section and from joining or being joined as parties to | 8736 |
a hearing conducted under division (E) of this section, including | 8737 |
joining by way of intervention. | 8738 |
(F) A valid consent given in accordance with this section | 8739 |
supersedes any general consent to treatment form signed by or on | 8740 |
behalf of the patient prior to, upon, or after | 8741 |
admission to a health care facility to the extent there is a | 8742 |
conflict between the consent and the form. | 8743 |
(G) Life-sustaining treatment shall not be withheld or | 8744 |
withdrawn from a patient pursuant to a consent given in accordance | 8745 |
with this section if | 8746 |
withholding or withdrawal of the treatment would terminate the | 8747 |
pregnancy, unless the patient's attending physician and one other | 8748 |
physician who has examined the patient determine, to a reasonable | 8749 |
degree of medical certainty and in accordance with reasonable | 8750 |
medical standards, that the fetus would not be born alive. | 8751 |
Sec. 2133.09. (A) The attending physician of a patient who | 8752 |
is an adult and who currently is and for at least the immediately | 8753 |
preceding twelve months has been in a permanently unconscious | 8754 |
state may withhold or withdraw nutrition and hydration in | 8755 |
connection with the patient only if all of the following apply: | 8756 |
(1) Written consent to the withholding or withdrawal of | 8757 |
life-sustaining treatment in connection with the patient has been | 8758 |
given by an appropriate individual or individuals in accordance | 8759 |
with section 2133.08 of the Revised Code, and divisions (A)(1)(a) | 8760 |
to (e) and (2) of that section have been satisfied. | 8761 |
(2) A probate court has not reversed the consent to the | 8762 |
withholding or withdrawal of life-sustaining treatment in | 8763 |
connection with the patient pursuant to division (E) of section | 8764 |
2133.08 of the Revised Code. | 8765 |
(3) The attending physician of the patient and one other | 8766 |
physician as described in division (A)(2) of section 2133.08 of | 8767 |
the Revised Code who examines the patient determine, in good | 8768 |
faith, to a reasonable degree of medical certainty, and in | 8769 |
accordance with reasonable medical standards, that nutrition and | 8770 |
hydration will not or no longer will provide comfort or alleviate | 8771 |
pain in connection with the patient. | 8772 |
(4) Written consent to the withholding or withdrawal of | 8773 |
nutrition and hydration in connection with the patient, witnessed | 8774 |
by two individuals who satisfy the witness eligibility criteria | 8775 |
set forth in division (B)(1) of section 2133.02 of the Revised | 8776 |
Code, is given to the attending physician of the patient by an | 8777 |
appropriate individual or individuals as specified in division (B) | 8778 |
of section 2133.08 of the Revised Code. | 8779 |
(5) The written consent to the withholding or withdrawal of | 8780 |
the nutrition and hydration in connection with the patient is | 8781 |
given in accordance with division (B) of this section. | 8782 |
(6) The probate court of the county in which the patient is | 8783 |
located issues an order to withhold or withdraw the nutrition and | 8784 |
hydration in connection with the patient pursuant to division (C) | 8785 |
of this section. | 8786 |
(B)(1) A decision to consent pursuant to this section to the | 8787 |
withholding or withdrawal of nutrition and hydration in connection | 8788 |
with a patient shall be made in good faith. | 8789 |
(2) Except as provided in division (B)(4) of this section, if | 8790 |
the patient previously expressed | 8791 |
the use or continuation, or the withholding or withdrawal, of | 8792 |
nutrition and hydration should | 8793 |
permanently unconscious state and no longer able to make informed | 8794 |
decisions regarding the administration of nutrition and hydration, | 8795 |
a consent given pursuant to this section shall be valid only if it | 8796 |
is consistent with that previously expressed intention. | 8797 |
(3) Except as provided in division (B)(4) of this section, if | 8798 |
the patient did not previously express | 8799 |
respect to the use or continuation, or the withholding or | 8800 |
withdrawal, of nutrition and | 8801 |
patient subsequently be in a permanently unconscious state and no | 8802 |
longer able to make informed decisions regarding the | 8803 |
administration of nutrition and hydration, a consent given | 8804 |
pursuant to this section shall be valid only if it is consistent | 8805 |
with the type of informed consent decision that the patient would | 8806 |
have made if | 8807 |
intention with respect to the use or continuation, or the | 8808 |
withholding or withdrawal, of nutrition and hydration should | 8809 |
the patient subsequently be in a permanently unconscious state and | 8810 |
no longer able to make informed decisions regarding the | 8811 |
administration of nutrition and hydration, as inferred from the | 8812 |
lifestyle and character of the patient, and from any other | 8813 |
evidence of the desires of the patient, prior to | 8814 |
becoming no longer able to make informed decisions regarding the | 8815 |
administration of nutrition and hydration. The Rules of Evidence | 8816 |
shall not be binding for purposes of this division. | 8817 |
(4)(a) The attending physician of the patient, and other | 8818 |
health care personnel acting under the direction of the attending | 8819 |
physician, who do not have actual knowledge of a previously | 8820 |
expressed intention as described in division (B)(2) of this | 8821 |
section or who do not have actual knowledge that the patient would | 8822 |
have made a different type of informed consent decision under the | 8823 |
circumstances described in division (B)(3) of this section, may | 8824 |
rely on a consent given in accordance with this section unless a | 8825 |
probate court decides differently under division (C) of this | 8826 |
section. | 8827 |
(b) The immunity conferred by division (C)(2) of section | 8828 |
2133.11 of the Revised Code is not forfeited by an individual who | 8829 |
gives a consent to the withholding or withdrawal of nutrition and | 8830 |
hydration in connection with a patient under division (A)(4) of | 8831 |
this section if the individual gives the consent in good faith and | 8832 |
without actual knowledge, at the time of giving the consent, of | 8833 |
either a contrary previously expressed intention of the patient, | 8834 |
or a previously expressed intention of the patient, as described | 8835 |
in | 8836 |
the individual subsequent to the time of giving the consent. | 8837 |
(C)(1) Prior to the withholding or withdrawal of nutrition | 8838 |
and hydration in connection with a patient pursuant to this | 8839 |
section, the priority individual or class of individuals that | 8840 |
consented to the withholding or withdrawal of the nutrition and | 8841 |
hydration shall apply to the probate court of the county in which | 8842 |
the patient is located for the issuance of an order that | 8843 |
authorizes the attending physician of the patient to commence the | 8844 |
withholding or withdrawal of the nutrition and hydration in | 8845 |
connection with the patient. Upon the filing of the application, | 8846 |
the clerk of the probate court shall schedule a hearing on it and | 8847 |
cause a copy of it and a notice of the hearing to be served in | 8848 |
accordance with the Rules of Civil Procedure upon the applicant, | 8849 |
the attending physician, the consulting physician associated with | 8850 |
the determination that nutrition and hydration will not or no | 8851 |
longer will provide comfort or alleviate pain in connection with | 8852 |
the patient, and the individuals described in divisions (B)(1) to | 8853 |
(5) of section 2133.08 of the Revised Code who are not applicants, | 8854 |
which service shall be made, if possible, within three days after | 8855 |
the filing of the application. The hearing shall be conducted at | 8856 |
the earliest possible time, but no sooner than the thirtieth | 8857 |
business day, and no later than the sixtieth business day, after | 8858 |
8859 |
At the hearing, any individual described in divisions (B)(1) | 8860 |
to (5) of section 2133.08 of the Revised Code who is not an | 8861 |
applicant and who disagrees with the decision of the priority | 8862 |
individual or class of individuals to consent to the withholding | 8863 |
or withdrawal of nutrition and hydration in connection with the | 8864 |
patient shall be permitted to testify and present evidence | 8865 |
relative to the use or continuation of nutrition and hydration in | 8866 |
connection with the patient. Immediately following the hearing, | 8867 |
the court shall enter on its journal its determination whether the | 8868 |
requested order will be issued. | 8869 |
(2) The court shall issue an order that authorizes the | 8870 |
patient's attending physician to commence the withholding or | 8871 |
withdrawal of nutrition and hydration in connection with the | 8872 |
patient only if the applicants establish, by clear and convincing | 8873 |
evidence, to a reasonable degree of medical certainty, and in | 8874 |
accordance with reasonable medical standards, all of the | 8875 |
following: | 8876 |
(a) The patient currently is and for at least the immediately | 8877 |
preceding twelve months has been in a permanently unconscious | 8878 |
state. | 8879 |
(b) The patient no longer is able to make informed decisions | 8880 |
regarding the administration of life-sustaining treatment. | 8881 |
(c) There is no reasonable possibility that the patient will | 8882 |
regain the capacity to make informed decisions regarding the | 8883 |
administration of life-sustaining treatment. | 8884 |
(d) The conditions specified in divisions (A)(1) to (4) of | 8885 |
this section have been satisfied. | 8886 |
(e) The decision to withhold or withdraw nutrition and | 8887 |
hydration in connection with the patient is consistent with the | 8888 |
previously expressed intention of the patient as described in | 8889 |
division (B)(2) of this section or is consistent with the type of | 8890 |
informed consent decision that the patient would have made if | 8891 |
the patient previously had expressed | 8892 |
to the use or continuation, or the withholding or withdrawal, of | 8893 |
nutrition and hydration should | 8894 |
permanently unconscious state and no longer able to make informed | 8895 |
decisions regarding the administration of nutrition and hydration | 8896 |
as described in division (B)(3) of this section. | 8897 |
(3) Notwithstanding any contrary provision of the Revised | 8898 |
Code or of the Rules of Civil Procedure, the state and persons | 8899 |
other than individuals described in division (A)(4) of this | 8900 |
section or in divisions (B)(1) to (5) of section 2133.08 of the | 8901 |
Revised Code and other than the attending physician and consulting | 8902 |
physician associated with the determination that nutrition and | 8903 |
hydration will not or no longer will provide comfort or alleviate | 8904 |
pain in connection with the patient are prohibited from filing an | 8905 |
application under this division and from joining or being joined | 8906 |
as parties to a hearing conducted under this division, including | 8907 |
joining by way of intervention. | 8908 |
(D) A valid consent given in accordance with this section | 8909 |
supersedes any general consent to treatment form signed by or on | 8910 |
behalf of the patient prior to, upon, or after | 8911 |
admission to a health care facility to the extent there is a | 8912 |
conflict between the consent and the form. | 8913 |
Sec. 2335.34. On the first Monday of January, each year, the | 8914 |
clerk of each court of common pleas and court of appeals, each | 8915 |
probate judge, and each sheriff shall make two certified lists of | 8916 |
causes in which money has been paid and has remained in the hands | 8917 |
of | 8918 |
judge, or sheriff, for one year next preceding | 8919 |
Monday of January. | 8920 |
money and in whose hands it remains. One list shall be set up in a | 8921 |
conspicuous place by
| 8922 |
office, for the period of thirty days, and the other list shall be | 8923 |
posted at | 8924 |
published on the web site of the court or officer, on the second | 8925 |
Monday of January, for the same period of time. | 8926 |
Sec. 3101.02. Any consent required under section 3101.01 of | 8927 |
the Revised Code shall be personally given before the probate | 8928 |
judge or a deputy clerk of the probate court, or certified under | 8929 |
the hand of the person consenting, by two witnesses, one of whom | 8930 |
8931 | |
witness saw the person whose name is annexed to the certificate | 8932 |
subscribe it, or heard
| 8933 |
Sec. 3101.03. If the parent or guardian of a minor is a | 8934 |
nonresident of, or is absent from, the county in which the | 8935 |
marriage license is applied for,
| 8936 |
personally may appear before the official upon whose authority | 8937 |
marriage licenses are issued | 8938 |
or guardian is at the time domiciled, and give | 8939 |
writing to | 8940 |
to by two witnesses, certified to by | 8941 |
forwarded to the probate judge of the county in which the license | 8942 |
is applied for. The probate judge may administer any oath | 8943 |
required, issue and sign | 8944 |
the probate court. | 8945 |
Sec. 3101.10. A minister upon producing to the secretary of | 8946 |
state, credentials of | 8947 |
ordained or licensed minister of any religious society or | 8948 |
congregation, shall be entitled to receive from the secretary of | 8949 |
state a license authorizing | 8950 |
marriages in this state so long as | 8951 |
regular minister in | 8952 |
shall produce for inspection | 8953 |
solemnize marriages upon demand of any party to a marriage at | 8954 |
which | 8955 |
demand of any probate judge. | 8956 |
Sec. 3101.13. Except as otherwise provided in this section, | 8957 |
a certificate of every marriage solemnized shall be transmitted by | 8958 |
the authorized person solemnizing the marriage, within thirty days | 8959 |
after the solemnization, to the probate judge of the county in | 8960 |
which the marriage license was issued. If, in accordance with | 8961 |
section 2101.27 of the Revised Code, a probate judge solemnizes a | 8962 |
marriage and if the probate judge issued the marriage license to | 8963 |
the husband and wife, | 8964 |
certificate of that solemnized marriage in | 8965 |
office within thirty days after the solemnization. All | 8966 |
transmitted and filed certificates shall be consecutively numbered | 8967 |
and recorded in the order in which they are received. | 8968 |
Sec. 3101.14. Every marriage license shall have printed upon | 8969 |
it in prominent type the notice that, unless the person | 8970 |
solemnizing the marriage returns a certificate of the solemnized | 8971 |
marriage to the probate court that issued the marriage license | 8972 |
within thirty days after performing the ceremony, or, if the | 8973 |
person solemnizing the marriage is a probate judge who is acting | 8974 |
in accordance with section 2101.27 of the Revised Code and who | 8975 |
issued the marriage license to the husband and wife, unless | 8976 |
that probate judge files a certificate of the solemnized marriage | 8977 |
in
| 8978 |
solemnization, | 8979 |
misdemeanor and, upon conviction, may be punished by a fine of | 8980 |
fifty dollars. An envelope suitable for returning the certificate | 8981 |
of marriage, and addressed to the proper probate court, shall be | 8982 |
given with each license, except that this requirement does not | 8983 |
apply if a marriage is to be solemnized by a probate judge who is | 8984 |
acting in accordance with section 2101.27 of the Revised Code and | 8985 |
who issued the marriage license to the husband and wife. | 8986 |
Sec. 3313.85. If the board of education of any city, | 8987 |
exempted village, or local school district or the governing board | 8988 |
of any educational service center | 8989 |
8990 | |
within a period of thirty days after
| 8991 |
probate court of the county in which | 8992 |
center is located, upon being advised and satisfied of | 8993 |
failure, shall act as | 8994 |
8995 | |
possible. | 8996 |
Sec. 5111.113. (A) As used in this section: | 8997 |
(1) "Adult care facility" has the same meaning as in section | 8998 |
3722.01 of the Revised Code. | 8999 |
(2) "Commissioner" means a person appointed by a probate | 9000 |
court under division | 9001 |
to act as a commissioner. | 9002 |
(3) "Home" has the same meaning as in section 3721.10 of the | 9003 |
Revised Code. | 9004 |
(4) "Personal needs allowance account" means an account or | 9005 |
petty cash fund that holds the money of a resident of an adult | 9006 |
care facility or home and that the facility or home manages for | 9007 |
the resident. | 9008 |
(B) Except as provided in divisions (C) and (D) of this | 9009 |
section, the owner or operator of an adult care facility or home | 9010 |
shall transfer to the department of job and family services the | 9011 |
money in the personal needs allowance account of a resident of the | 9012 |
facility or home who was a recipient of the medical assistance | 9013 |
program no earlier than sixty days but not later than ninety days | 9014 |
after the resident dies. The adult care facility or home shall | 9015 |
transfer the money even though the owner or operator of the | 9016 |
facility or home has not been issued letters testamentary or | 9017 |
letters of administration concerning the resident's estate. | 9018 |
(C) If funeral or burial expenses for a resident of an adult | 9019 |
care facility or home who has died have not been paid and the only | 9020 |
resource the resident had that could be used to pay for the | 9021 |
expenses is the money in the resident's personal needs allowance | 9022 |
account, or all other resources of the resident are inadequate to | 9023 |
pay the full cost of the expenses, the money in the resident's | 9024 |
personal needs allowance account shall be used to pay for the | 9025 |
expenses rather than being transferred to the department of job | 9026 |
and family services pursuant to division (B) of this section. | 9027 |
(D) If, not later than sixty days after a resident of an | 9028 |
adult care facility or home dies, letters testamentary or letters | 9029 |
of administration are issued, or an application for release from | 9030 |
administration is filed under section 2113.03 of the Revised Code, | 9031 |
concerning the resident's estate, the owner or operator of the | 9032 |
facility or home shall transfer the money in the resident's | 9033 |
personal needs allowance account to the administrator, executor, | 9034 |
commissioner, or person who filed the application for release from | 9035 |
administration. | 9036 |
(E) The transfer or use of money in a resident's personal | 9037 |
needs allowance account in accordance with division (B), (C), or | 9038 |
(D) of this section discharges and releases the adult care | 9039 |
facility or home, and the owner or operator of the facility or | 9040 |
home, from any claim for the money from any source. | 9041 |
(F) If, sixty-one or more days after a resident of an adult | 9042 |
care facility or home dies, letters testamentary or letters of | 9043 |
administration are issued, or an application for release from | 9044 |
administration under section 2113.03 of the Revised Code is filed, | 9045 |
concerning the resident's estate, the department of job and family | 9046 |
services shall transfer the funds to the administrator, executor, | 9047 |
commissioner, or person who filed the application, unless the | 9048 |
department is entitled to recover the money under the medicaid | 9049 |
estate recovery program instituted under section 5111.11 of the | 9050 |
Revised Code. | 9051 |
Section 2. That existing sections 2101.01, 2101.02, 2101.021, | 9052 |
2101.03, 2101.04, 2101.06, 2101.07, 2101.08, 2101.09, 2101.10, | 9053 |
2101.11, 2101.13, 2101.15, 2101.16, 2101.162, 2101.19, 2101.20, | 9054 |
2101.22, 2101.23, 2101.24, 2101.27, 2101.30, 2101.34, 2101.37, | 9055 |
2101.38, 2101.41, 2101.43, 2103.01, 2105.051, 2105.06, 2105.09, | 9056 |
2105.10, 2105.11, 2105.13, 2105.14, 2105.15, 2105.16, 2105.19, | 9057 |
2106.01, 2106.08, 2106.11, 2107.01, 2107.02, 2107.03, 2107.04, | 9058 |
2107.05, 2107.07, 2107.08, 2107.081, 2107.082, 2107.083, 2107.084, | 9059 |
2107.085, 2107.09, 2107.10, 2107.11, 2107.15, 2107.17, 2107.18, | 9060 |
2107.20, 2107.21, 2107.22, 2107.29, 2107.32, 2107.34, 2107.35, | 9061 |
2107.36, 2107.38, 2107.46, 2107.47, 2107.49, 2107.50, 2107.501, | 9062 |
2107.51, 2107.52, 2107.53, 2107.54, 2107.55, 2107.56, 2107.58, | 9063 |
2107.59, 2107.60, 2107.61, 2107.65, 2107.71, 2107.73, 2107.75, | 9064 |
2108.51, 2109.02, 2109.021, 2109.03, 2109.04, 2109.05, 2109.06, | 9065 |
2109.07, 2109.09, 2109.10, 2109.11, 2109.12, 2109.14, 2109.17, | 9066 |
2109.19, 2109.20, 2109.21, 2109.22, 2109.24, 2109.25, 2109.26, | 9067 |
2109.302, 2109.303, 2109.32, 2109.33, 2109.34, 2109.35, 2109.36, | 9068 |
2109.361, 2109.37, 2109.371, 2109.372, 2109.38, 2109.39, 2109.40, | 9069 |
2109.42, 2109.43, 2109.44, 2109.45, 2109.46, 2109.47, 2109.48, | 9070 |
2109.49, 2109.50, 2109.51, 2109.52, 2109.53, 2109.54, 2109.55, | 9071 |
2109.56, 2109.57, 2109.58, 2109.59, 2109.60, 2109.61, 2109.62, | 9072 |
2111.02, 2111.021, 2111.031, 2111.04, 2111.041, 2111.06, 2111.07, | 9073 |
2111.09, 2111.091, 2111.12, 2111.131, 2111.14, 2111.141, 2111.16, | 9074 |
2111.17, 2111.181, 2111.19, 2111.20, 2111.21, 2111.22, 2111.25, | 9075 |
2111.26, 2111.27, 2111.28, 2111.29, 2111.30, 2111.31, 2111.33, | 9076 |
2111.34, 2111.35, 2111.36, 2111.37, 2111.38, 2111.39, 2111.40, | 9077 |
2111.41, 2111.44, 2111.46, 2111.48, 2111.50, 2113.01, 2113.03, | 9078 |
2113.04, 2113.05, 2113.06, 2113.07, 2113.12, 2113.13, 2113.14, | 9079 |
2113.15, 2113.16, 2113.18, 2113.19, 2113.20, 2113.21, 2113.22, | 9080 |
2113.25, 2113.30, 2113.31, 2113.311, 2113.33, 2113.34, 2113.35, | 9081 |
2113.36, 2113.39, 2113.40, 2113.41, 2113.45, 2113.46, 2113.48, | 9082 |
2113.49, 2113.50, 2113.51, 2113.52, 2113.54, 2113.58, 2113.61, | 9083 |
2113.62, 2113.67, 2113.68, 2113.69, 2113.70, 2113.72, 2113.73, | 9084 |
2113.74, 2113.75, 2113.81, 2113.82, 2113.85, 2113.86, 2113.87, | 9085 |
2113.88, 2115.02, 2115.03, 2115.06, 2115.09, 2115.10, 2115.11, | 9086 |
2115.12, 2115.16, 2115.17, 2117.01, 2117.02, 2117.03, 2117.04, | 9087 |
2117.08, 2117.09, 2117.10, 2117.13, 2117.15, 2117.17, 2117.18, | 9088 |
2117.30, 2117.31, 2117.34, 2117.35, 2117.36, 2117.37, 2117.41, | 9089 |
2117.42, 2119.01, 2119.02, 2119.03, 2119.04, 2119.05, 2121.01, | 9090 |
2121.02, 2121.05, 2121.06, 2121.08, 2121.09, 2123.02, 2123.03, | 9091 |
2123.05, 2123.06, 2127.011, 2127.02, 2127.04, 2127.05, 2127.06, | 9092 |
2127.07, 2127.08, 2127.09, 2127.10, 2127.11, 2127.12, 2127.13, | 9093 |
2127.14, 2127.15, 2127.16, 2127.17, 2127.18, 2127.19, 2127.21, | 9094 |
2127.22, 2127.23, 2127.24, 2127.27, 2127.28, 2127.29, 2127.30, | 9095 |
2127.32, 2127.33, 2127.34, 2127.35, 2127.36, 2127.37, 2127.38, | 9096 |
2127.39, 2127.40, 2127.41, 2127.42, 2127.43, 2129.02, 2129.05, | 9097 |
2129.08, 2129.11, 2129.13, 2129.14, 2129.15, 2129.17, 2129.18, | 9098 |
2129.19, 2129.23, 2129.25, 2129.26, 2129.28, 2129.29, 2129.30, | 9099 |
2131.08, 2131.11, 2133.04, 2133.05, 2133.06, 2133.08, 2133.09, | 9100 |
2335.34, 3101.02, 3101.03, 3101.10, 3101.13, 3101.14, 3313.85, and | 9101 |
5111.113 and sections 2101.36, 2113.02, 2113.17, 2113.24, 2113.26, | 9102 |
2113.27, 2113.28, 2113.29, 2113.57, and 2113.63 of the Revised | 9103 |
Code are hereby repealed. | 9104 |
Section 3. The provisions of this act that relate to the | 9105 |
estates of decedents apply to the estates of decedents who die on | 9106 |
or after the effective date of this act. | 9107 |
Section 4. The General Assembly, applying the principle | 9108 |
stated in division (B) of section 1.52 of the Revised Code that | 9109 |
amendments are to be harmonized if reasonably capable of | 9110 |
simultaneous operation, finds that the following sections, | 9111 |
presented in this act as composites of the sections as amended by | 9112 |
the acts indicated, are the resulting versions of the sections in | 9113 |
effect prior to the effective date of the sections as presented in | 9114 |
this act: | 9115 |
Section 2101.24 of the Revised Code as amended by both Sub. | 9116 |
H.B. 416 and Sub. H.B. 426 of the 126th General Assembly. | 9117 |
Section 2109.44 of the Revised Code as amended by both Am. | 9118 |
Sub. H.B. 538 and Sub. S.B. 129 of the 121st General Assembly. | 9119 |