As Reported by the Senate Judiciary--Civil Justice Committee

129th General Assembly
Regular Session
2011-2012
Am. S. B. No. 124


Senator Bacon 

Cosponsors: Senators Wagoner, Brown, Hughes, Kearney 



A BILL
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


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

       Section 1. That sections 2101.01, 2101.02, 2101.021, 2101.03, 76
2101.04, 2101.06, 2101.07, 2101.08, 2101.09, 2101.10, 2101.11, 77
2101.13, 2101.15, 2101.16, 2101.162, 2101.19, 2101.20, 2101.22, 78
2101.23, 2101.24, 2101.27, 2101.30, 2101.34, 2101.37, 2101.38, 79
2101.41, 2101.43, 2103.01, 2105.051, 2105.06, 2105.09, 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 casesequipment or other necessary items 133
for the safekeeping and preservation of the books, records, and 134
papers of the court and shall furnish any blankbooks, blanks135
books, forms, and stationery, and any machines, equipment, and 136
materials for the keeping or examining of records, that the 137
probate judge requires in the discharge of official duties. The 138
board also shall authorize expenditures for accountants, financial 139
consultants, and other agents required for auditing or financial 140
consulting by the probate division whenever the probate judge 141
considers these services and expenditures necessary for the 142
efficient performance of the division's duties. The probate judge 143
shall employ and supervise all clerks, deputies, magistrates, and 144
other employees of the probate division. The probate judge shall 145
supervise all probate court investigators and assessors in the 146
performance of their duties as investigators and assessors and 147
shall employ, appoint, or designate all probate court 148
investigators and assessors in the manner described in divisions 149
(A)(2) and (3) of section 2101.11 of the Revised Code.150

       (B) As used in the Revised Code:151

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

       (2) With respect to Lorain county:156

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

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

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

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

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

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

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

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

       Sec. 2101.03.  Before entering upon the discharge of his197
official duties, the probate judge shall give a bond to the state 198
in a sum not less than five thousand dollars. SuchThe bond shall 199
have sufficient surety, shall be approved by the board of county 200
commissioners, or by the county auditor and county recorder in the 201
absence from the county of two of the members of the board, and 202
shall be conditioned that suchthe judge will faithfully pay over 203
all moneys received by himthe judge in histhe judge's official 204
capacity, enter and record the orders, judgments, and proceedings 205
of the court, and faithfully and impartially perform all the 206
duties of histhe judge's office. SuchThe bond, with the oath of 207
office required by sections 3.22 and 3.23 of the Revised Code 208
indorsed thereonon it, shall be deposited with the county 209
treasurer and kept in histhe treasurer's office. As the state of 210
business in histhe probate judge's office renders it necessary, 211
the board may require the probate judge to give additional bond.212

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

       Sec. 2101.06.  The probate judge, upon the motion of a party 221
or histhe judge's own motion, may appoint a special master 222
commissioner in any matter pending before suchthe judge. SuchThe223
commissioner shall be an attorney at law, and shall be sworn 224
faithfully to discharge histhe commissioner's duties. When 225
requested by the probate judge, suchthe commissioner shall 226
execute a bond to the state in suchthe sum asthat the court 227
directs, with surety approved by the court, and conditioned that 228
suchthe commissioner willshall faithfully discharge histhe 229
commissioner's duties and pay over all money received by himthe 230
commissioner in that capacity. SuchThe bond shall be for the 231
benefit of anyone aggrieved and shall be filed in the probate 232
court.233

       SuchThe commissioner shall take the testimony and report 234
suchthe testimony to the court with histhe commissioner's235
conclusions on the law and the facts involved therein, which. The236
report may be excepted to by the parties, and confirmed, modified, 237
or set aside by the court.238

       Sec. 2101.07.  A special master commissioner of the probate 239
court may administer all oaths required in the discharge of his240
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, suchthe commissioner shall require the witnesses 244
severally to subscribe theirthe witnesses' testimony.245

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

       The court shall allow suchthe commissioner suchthose fees 250
asthat are allowed to other officers for similar services, which251
and the court shall tax those fees shall be taxed with the costs.252

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

       Sec. 2101.09.  When required by the probate judge, sheriffs, 257
coroners, and constables shall attend histhe judge's court and 258
shall serve and return process directed and delivered to them by 259
suchthe judge. No such officer of that type shall neglect or 260
refuse to serve and return suchany process as required by this 261
section. If suchan officer does neglect or refuse to serve and 262
return such process as required by this section, the judge shall 263
issue a summons specifying the cause for amercement, directed to 264
the officer, therein named in the summons, commanding himthe 265
named officer to summon the officer guilty of suchthe misconduct 266
to appear within two days after the service of summons and show 267
cause why hethe latter officer should not be amerced. In addition 268
to a fine, as provided by section 2101.99 of the Revised Code,269
that is to be paid into the county treasury, suchthe officer and 270
histhe officer's sureties shall be liable upon histhe officer's271
official bond for damages sustained by any person by reason of 272
suchthe officer's misconduct.273

       Sec. 2101.10.  No sheriff, coroner, or constable shall refuse 274
to pay moneys, collected by him,that officer to the probate judge 275
or other person, when so directed by the judge. For refusal to pay 276
over moneys collected, suchthe officer shall be summoned as 277
provided in section 2101.09 of the Revised Code and amerced for 278
the use of the parties interested, in the amount required to be 279
collected by suchthe process, with ten per cent thereonon the 280
amount to be collected. The judge may enforce the collection of 281
suchthe amercement by execution or other process, by imprisonment 282
as for contempt of court, or both. The delinquent officer and his283
the officer's sureties shall also be liable on histhe officer's284
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, stenographerscourt reporters, a bailiff, 291
and any other necessary employees, each of whom shall take an oath 292
of office before entering upon the duties of the employee's 293
appointment and, when so qualified, may perform the duties 294
appertaining to the office of clerk of the court.295

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       The judge 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 histhe judge's official439
duties, hethe judge shall make, in the books and other 440
record-keeping materials of histhe judge's office, the proper 441
records, entries, and indexes omitted by histhe judge's442
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 himthe judge as 446
though the entries, proceedings, and records had been commenced, 447
prosecuted, determined, and made by or before himthe judge.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 himthe judge. On the first day of January, in each 451
year, hethe judge shall file with the county auditor an account, 452
certified by suchthe judge, of all fees received by himthe judge453
during the preceding year. No judge shall fail to perform the 454
duties imposed in this section. At the instance of any person, an 455
action shall be instituted and prosecuted by the prosecuting 456
attorney shall institute and prosecute an action against any such457
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 estate property, petition complaint to 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, petition complaint for 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, petition complaint for 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, petition complaint to determine 542
$ 20.00 543
(38) Injunction proceedings 544
$ 20.00 545
(39) Improve real estate property, petition to 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 estate property, application to 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 estate property, petition to 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 estate property, petition complaint to 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 estate property at appraised value, petition of surviving spouse to 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 estate property, petition for 604
$ 25.00 605
(66) Terminate guardianship, petition to 606
$ 10.00 607
(67) Transfer of real estate property, application, entry, and certificate for 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 like653
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
histhe probate court to charge a fee not to exceed three dollars, 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 histhe probate court, additional funds are 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 hisprobate judge's741
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 saidthe judge and the employees of the probate court, 764
including court constables, for the same calendar year, suchthe765
judge may, by an order entered on histhe judge's journal, provide 766
for a discount of all the fees and allowances hethe judge is 767
required to charge and collect for the use of the county by fixing 768
a per cent of discount whichthat shall be applied to all the 769
earnings of saidthe office for the ensuing year and shall 770
constitute the legal fees of saidthe office for saidthat year.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 himthe judge.774

       Sec. 2101.23.  The probate judge may keep order in histhe 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 himthe judge. The probate judge may punish any 778
contempt of histhe judge's authority as suchthat contempt might 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
he shall bethe person is guilty of a contempt of court, and the 783
judge shall issue a summons directing suchthe person to appear 784
before the court, within two days from the service thereof,of the 785
summons and show cause why hethe person should not be punished 786
for contempt. If it appears to the judge that suchthe person is 787
secreting himselfattempting to avoid the process of the court, or 788
is about to leave the county for that purpose, the judge may issue 789
an attachment instead of the summons, commanding the officer, to 790
whom it is directed, to bring suchthe person before suchthe791
judge to answer for contempt. If no sufficient excuse is shown, 792
suchthe person shall be punished for contempt.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 estateproperty827
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 hethe probate judge solemnizes;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 forthwith notify the commissioners 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 jurymenjurypersons. Additional names 958
may be drawn if required. The clerk of the court of common pleas 959
or one of histhe clerk's deputies shall make a list of suchthose960
names in the order drawn and certify itthe list to the probate 961
court, and suchthe court shall issue a venire commanding the 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 thereafterof 965
delivery and make prompt return of suchthe service.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 histhe judge's county.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 his972
the judge's office necessitates it, hethe judge may call upon a 973
judge of the court of common pleas having jurisdiction in said974
that county to act in histhe probate judge's place, or in 975
conjunction with himthe probate judge, or hethe probate judge976
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 suchthe absent or incapacitated probate 979
judge, or in conjunction with himthe absent or incapacitated 980
probate judge. If the probate judge of any county dies or resigns 981
during histhe judge's term of office, a judge of the court of 982
common pleas of saidthat county shall act in the place of said983
the probate judge until hisa successor is appointed and 984
qualified. When a judge of the court of common pleas or a probate 985
judge so designated resides outside the county in which hethe 986
designated judge is called upon to act, hethe designated judge987
shall receive suchthe compensation asthat is provided for judges 988
of the court of common pleas designated by the chief justice to 989
hold court outside their respective counties. The record of such990
the cases shall be made and preserved in the proper records of the 991
probate court by the deputy clerk thereofof the probate court.992

       Sec. 2101.38.  Letters testamentary, of administration, or of 993
guardianship shall not be issued to a person after histhe 994
person's election to the office of probate judge and before the 995
expiration of histhe person's term. If a probate judge is 996
interested, as heir, legatee, devisee, or other manner in an 997
estate whichthat would otherwise be settled in the probate court 998
of the county where hethe judge resides, suchthe estate, and all 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
suchthose matters and cases in which the judge is interested, the 1002
judge shall certify the original papers shall be by him forthwith 1003
certified to the court of common pleas. In other matters and 1004
proceedings in a probate court in which the judge thereofof the 1005
probate court is interested or in which hethe judge is required 1006
to be a witness to a will, suchthe judge shall, upon the motion 1007
of a party interested in the proceedings, or upon histhe judge's1008
own motion, certify the matters and proceedings to the court of 1009
common pleas and forthwith file with the clerk of the court of 1010
common pleas all original papers connected therewithwith those 1011
matters and proceedings.1012

       When a matter or proceeding is so certified, a judge of the 1013
court of common pleas, at chambers, by a judge thereof, or in open 1014
court shall hear and determine itthe matter or proceeding in 1015
chambers or in open court as though suchthe court had original 1016
jurisdiction of the subject matter. Upon final decision of the 1017
questions involved in suchthe matter or proceedings, the final 1018
settlement of the estate in which the judge is interested as 1019
executor, administrator, or guardian, or when histhe judge's1020
interest thereinin the estate ceases, the clerk shall deliver the 1021
original papers to the probate court from which they camein which1022
the original papers were filed and make and file thereinin that 1023
court an authenticated transcript of the orders, judgments, and 1024
proceedings of the court of common pleas. Thereupon theThe1025
probate judge shall record suchthe orders, judgments, and 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 histhe office of probate judge.1034

       The deputy clerk of a probate court may engage in the 1035
practice of law if histhe deputy's practice is not related in any 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 refereemagistrate appointed solely to conduct hearings 1040
under Chapters 5122. and 5123. of the Revised Code may engage in 1041
the practice of law, including probate law, except that hethe 1042
magistrate shall not practice law under thesethose chapters other 1043
than as a refereemagistrate and shall not knowingly accept any 1044
business arising out of or otherwise connected with a proceeding 1045
in which hethe magistrate served as a refereemagistrate under 1046
thesethose chapters.1047

       The prosecuting attorney shall file histhe prosecuting 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 himthe judge or deputy clerk1053
prior to histhe judge's or clerk's election or appointment, 1054
provided it is not connected with histhe official dutyduties of 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 suchthe county, not less than ninety days 1061
before any general election for county officers, for the 1062
submission to the electors of suchthe county the question of 1063
combining the probate court with the court of common pleas, such1064
the judge shall place upon the journal of saidthe court an order 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, thereupon,1069
make and deliver a certified copy of suchthe order to the 1070
sheriff, and the sheriff shall include notice of the submission of 1071
suchthe question in the sheriff's proclamation of election for 1072
the next general election.1073

       Each elector joining in a petition for the submission of said1074
the question of combining the probate court with the court of 1075
common pleas shall sign suchthe petition in the elector's own 1076
handwriting, unless the elector cannot write and the elector's 1077
signature is made by mark, and shall add theretoinclude in the 1078
petition the township, precinct, or ward of which the elector is a 1079
resident. SuchThe petition may consist of as many parts as are 1080
convenient. One of the signers to each separate paper shall swear 1081
before somean officer who is qualified to administer the oath 1082
that the petition is bona fide to the best of the signer's 1083
knowledge and belief. SuchThe oath shall be a part of or attached 1084
to suchthe paper. The judge upon receipt of suchthe petition 1085
shall deposit it with the clerk of the court of common pleas.1086

       No signature shall be taken from or added to suchthe1087
petition after it has been filed with the judge. When deposited 1088
suchthe petition shall be preserved and open to public 1089
inspection, and, if it is in conformity with this section, it 1090
shall be valid, unless an objection theretoto the petition is 1091
made in writing by an elector of the county within five days after 1092
the filing thereofof the petition. SuchThe objections, or any 1093
other questions arising in the course of the submission of the 1094
question of combining said courtsthe probate court with the court 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. InAs used in sections 2103.01 to 2103.09, 1098
inclusive, of the Revised Code, unless the context shows that 1099
another sense wasis intended, "property" includes lands, 1100
tenements, hereditamentsreal property,and money, chattels,1101
choses in action, and evidences of debt, and other personal 1102
property.1103

       Sec. 2105.051.  When a person dies, property that hethe 1104
person gave during histhe person's lifetime to an heir shall be 1105
treated as an advancement against the heir's share of the estate 1106
only if declared in a contemporaneous writing by the decedent, or 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 estateproperty or 1117
inheritance, in this state, the personal property shall be 1118
distributed, and the real estateproperty or inheritance shall 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 such1163
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 hethe auditor1169
acts pursuant to division (C) of this section, shall take 1170
possession of real property escheated to the state that is located 1171
in histhe auditor's county and outside the incorporated area of a 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 thereofproceeds1192
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 suchany lawful purposes asthat the board of county 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 suchthe prices and 1208
for suchthe purposes asthat it considers proper. With the 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 himthe 1234
minor, and provide for histhe minor's maintenance or support as 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 histhe parent's minor child who 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 histhe parent's deceased child, the 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 hethe administrator receives histhe 1305
administrator's letters of administration, then such athat1306
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 suchthe intestate have died leaving 1314
children or their lineal descendants, suchthe estate shall 1315
descend to the children of suchthe intestate, living at the time 1316
of histhe intestate's death, in equal proportions.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 suchthe1320
children aswho are dead, so that each child who is living will 1321
inherit the share to which hethe child who is living would have 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 suchthe1325
deceased child would be entitled if hethe deceased child were 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
histhe intestate's death, but born thereafterafter the 1337
intestate's death, in all cases will inherit as if born in the 1338
lifetime of the intestate and surviving himthe intestate; but in 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 histhe person's county and in the 1343
presence of suchthe judge and two disinterested persons of such1344
that person's acquaintance, file a written declaration declaring 1345
that, as histhe person's free and voluntary act, hethe person1346
did designate and appoint another, stating the name and place of 1347
residence of suchthe other person specifically, to stand toward 1348
himthe person in the relation of an heir at law in the event of 1349
histhe person's death. SuchThe declaration mustshall be 1350
attested by the two disinterested persons and subscribed by the 1351
declarant. If satisfied that suchthe declarant is of sound mind 1352
and memory and free from restraint, the judge thereupon shall 1353
enter that fact upon histhe judge's journal and make a complete 1354
record of suchthe proceedings. ThenceforwardFrom then on the 1355
person designated will stand in the same relation, for all 1356
purposes, to suchthe declarant as hethe person designated could 1357
if a child born in lawful wedlock. The rules of inheritance will 1358
be the same between himthe person designated and the relations by 1359
blood of the declarant, as if so born. A certified copy of such1360
the record will be prima-facie evidence of the fact stated therein1361
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 suchthe designation, suchthe declarant may have such1364
the designation vacated or changed by filing in saidthat probate 1365
court an application to vacate or change suchthe designation of 1366
heir; provided, that there is compliance with the procedure, 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 histhe 1371
person's ancestors having been aliens. Aliens may hold, possess, 1372
and enjoy lands, tenements, and hereditamentsreal property within 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 hethe person has exerted 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 hethe 1407
person was adjudicated incompetent to stand trial or was found not 1408
guilty by reason of insanity, or histhe person's guardian 1409
appointed pursuant to Chapter 2111. of the Revised Code or other 1410
legal representative, may file a complaint to declare histhe 1411
person's right to benefit from the death in the probate court in 1412
which the decedent's estate is being administered or whichthat1413
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 such a complaint of that nature has been 1420
filed within ten days after the filing of such athe complaint. 1421
The person who files the motioncomplaint, and each person who is 1422
required to be notified of the filing of the motioncomplaint1423
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 histhe person's right to benefit from the 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 hethe person had been brought to 1434
trial in the case in which hethe person was adjudicated 1435
incompetent or if hethe person were not insane at the time of the 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 deemedconsidered for 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 handspossession 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 histhe 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 histhe surviving 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 estateproperty and may be enforced by foreclosure or any 1568
other appropriate remedy.1569

       Sec. 2107.01. InAs used in Chapters 2101. to 2131. of the 1570
Revised Code, "will: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 of the age ofwho is eighteen years,1578
of age or overolder, of sound mind and memory, and not under 1579
restraint may make a will.1580

       Sec. 2107.03.  Except oral wills, every last will and 1581
testament shall be in writing, but may be handwritten or 1582
typewritten. The will shall be signed at the end by the testator 1583
making it or by some other person in the testator's conscious 1584
presence and at the testator's express direction, and. The will 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. SuchThe agreement mustshall be signed by the maker or 1596
by some other person at suchthe maker's express direction. If 1597
signed by a person other than suchthe maker, the instrument must1598
shall be subscribed by two or more competent witnesses who heard 1599
suchthe maker acknowledge that it was signed at histhe maker's1600
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. Such1604
That document, book, record, or memorandum shall be deposited in 1605
the probate court when the will is probated or within thirty days1606
thereafterafter the will is probated, unless the court grants an 1607
extension of time for good cause shown. A copy may be substituted 1608
for the original document, book, record, or memorandum if suchthe1609
copy is certified to be correct by a person authorized to take 1610
acknowledgments on deeds.1611

       Sec. 2107.07.  A will may be deposited by the makertestator, 1612
or by some person for the makertestator, in the office of the 1613
judge of the probate court in the county in which the testator 1614
lives. SuchThat will shall be safely kept until delivered or 1615
disposed of as provided by section 2107.08 of the Revised Code. 1616
The judge, on being paid the fee of one dollarfive dollars, shall 1617
receive, keep, and give a certificate of deposit for suchthe1618
will.1619

       Every will whichthat is to beso deposited shall be enclosed 1620
in a sealed wrapper, whichenvelope that shall be indorsed with 1621
the name of the testator. The judge shall indorse thereonon the 1622
envelope the date of delivery and the person by whom suchthe will 1623
was delivered. The wrapperenvelope may be indorsed with the name 1624
of a person to whom it is to be delivered after the death of the 1625
testator. SuchThe will shall not be opened or read until 1626
delivered to a person entitled to receive it, until the maker 1627
petitionstestator files a complaint in the probate court for a 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 himthe testator, to some 1634
person authorized by himthe testator by a written order, or to a 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 wrapper1638
envelope of the will, if there is a person named who demands it. 1639
If the testator has petitionedfiled a complaint in the probate 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 two monthsone month after notice of the 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, hethe probate judge immediately shall give notice of its 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 petitionfile a 1666
complaint in the probate court of the county in which hethe 1667
person is domiciled, if hethe person is domiciled in this state,1668
or in the probate court of the county in which any of histhe 1669
person's real property is located, if hethe person is not 1670
domiciled in this state, for a judgment declaring the validity of 1671
the will.1672

       The petitioncomplaint may be filed in the form determined by 1673
the probate court of the county in which it is filed.1674

       The petitioncomplaint shall name as parties defendant all 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 petitioncomplaint was filed.1679

       For the purposes of this section, "domicile" shall be 1680
determined at the time of filing the petitioncomplaint with the 1681
probate court.1682

       (B) The failure of a testator to file a petitioncomplaint1683
for a judgment declaring the validity of a will hethe testator1684
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
and freedom from undue influence under section 2107.02 of the 1690
Revised Codeor was under any restraint.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 that actionthe complaint filed under that 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 and1699
petitioncomplaint, to the party at histhe party's last known 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
petitioncomplaint was filed, for three consecutive weeks, if the 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 petitioncomplaint is filed pursuant 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 freedom from undue influence pursuant to section 1724
2107.02 of the Revised Codewas not under any restraint.1725

       Any such judgment under this section declaring a will valid 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 his 1736
designated officerthe probate judge's designee in the offices of 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 petitioning1744
filing a complaint in the probate court in possession of the will 1745
and asking that the will be revoked or modified. The petition1746
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 petitioncomplaint was 1754
filed. Service of the petitioncomplaint and process shall be made 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 petitioncomplaint for a judgment declaring a will to 1761
be valid under this section. If the court finds that the 1762
revocation or modification is valid, as definedunder the 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, and shall be available 1769
during the testator's lifetime only to the testator.1770

       (D) A testator may also modify a will by any later will or1771
that has been declared valid under division (A) of this section 1772
and is in the possession of the probate judge may be modified by1773
codicil executed according to the laws of this state or any other 1774
state andif the codicil is declared valid by the same procedure 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, orof a codicil to a 1778
will previously declared valid, or of a revocation or modification 1779
of a will previously determined to be valid,that is given under 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
thesethose sections is not binding upon the parties to such a1791
that proceeding in any action not brought to determine the 1792
validity of a will.1793

       The failure of a testator to file a petitioncomplaint for a 1794
judgment declaring the validity of a will hethe testator has 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 or personal estateproperty is 1799
devised or personal property is bequeathed by a last will, the 1800
executor, or any interested person, may cause suchthe will to be 1801
brought before the probate court of the county in which the 1802
decedent was domiciled. By citation, attachment, or warrant or, if 1803
circumstances require it, by warrant or attachment in the first 1804
instancejudicial order, suchthe court may compel the person 1805
having the custody or control of suchthe will to produce it 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, hethe person may 1810
be committed to the county jail and kept in close custody until he 1811
produces the will is produced. ThisThe person also shall be 1812
liable to any party aggrieved for the damages sustained by such1813
that neglect or refusal.1814

       Any citation, attachment, or warrantjudicial order issued 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 suchthe process is delivered shall be 1819
liable for neglect in its service or return in likethe same1820
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 three yearsone year after the 1835
death of the testator and has the power to control it, and, 1836
without reasonable cause, intentionally conceals or withholds it 1837
or neglects or refuses within the three yearsthat one year to 1838
cause it to be offered for or admitted to probate. The estate1839
property devised or bequeathed to such deviseethat beneficiary1840
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 it is his 1853
reasonable beliefthe named beneficiary reasonably believes that 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

       (A)(1) In the county in this state in which the testator was 1857
domiciled if, at the time of histhe testator's death, he was 1858
domiciled in this state;1859

       (B)(2) In any county of this state where any real property or 1860
personal property of suchthe testator is located if, at the time 1861
of histhe testator's death, hethe testator was not domiciled in 1862
this state, and provided that suchthe will has not previously 1863
been admitted to probate in this state or in the state of suchthe1864
testator's domicile;1865

       (C)(3) In the county of this state in which a probate court 1866
rendered a judgment declaring that the will was valid and wherein 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 such instrument of that nature1872
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, hethe 1879
witness takes so much of that share that does not exceed the 1880
bequest or devise to himthe witness. The devisees and legatees 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 photostatic or any similar process. The 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, or with the law in force in this state at the time of 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 of1905
histhe testator's death.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 himthe judge or the clerk of the probate court 1916
in a book to be kept for that purpose.1917

       A copy of suchthe recorded will, with a copy of the order of 1918
probate annexed theretoto the copy of the recorded will, 1919
certified by the judge under seal of histhe judge's court, shall 1920
be as effectual in all cases as the original would be, if 1921
established by proof.1922

       Sec. 2107.21.  If real estateproperty devised by will is 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 suchthe real estate1928
property is situated upon the order of suchthat judge. The 1929
authenticated copy shall have the same validity thereinin the 1930
county in which the real property is situated as if probate had 1931
been had in suchthat county.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, or with the law 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 histhe testator's death.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 suchthe will or a copy of suchthe will and its probate may be 1984
recorded by the probate court if it appears to the court's 1985
satisfaction that suchthe record has been destroyed and if it 1986
appears, by reason of a certificate signed and sealed by the 1987
probate judge, or by the clerk of the court of common pleas, that 1988
suchthe copy is a true copy of the original will or a true copy 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, inclusive,1992
of the Revised Code,shall immediately thereafter shallafter 1993
admitting the will or copy to record give notice for three 1994
consecutive weeks in two weekly newspapers of histhe probate 1995
judge's county if two are published thereinin the county, or if 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 suchthe record was supplied under 1999
those sections. All persons interested in the record, at any time 2000
within five years from the making of suchthe record, may come 2001
into the probate court and contest the question whether the record 2002
thusthat was supplied is the same as the destroyed record 2003
destroyed.2004

       Sec. 2107.34.  If, after making a last will and testament, a 2005
testator has a child born alive, or adopts a child, or designates 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 in2009
suchthe will or by settlement for suchthe pretermitted child or 2010
heir, or for thethat child's or heir's issue thereof, the will 2011
shall not be revoked; but unless. Unless it appears by suchthe2012
will that it was the intention of the testator to disinherit such2013
the pretermitted child or heir, the devises and legacies granted 2014
by suchthe will, except those to a surviving spouse, shall be 2015
abated proportionately, or in suchany other manner asthat is 2016
necessary to give effect to the intention of the testator as shown 2017
by the will, so that suchthe pretermitted child or heir will 2018
receive a share equal to that which suchthe person would have 2019
been entitled to receive out of the estate if suchthe testator 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 suchthe 2023
pretermitted child or heir dies prior to the death of the 2024
testator, the issue of suchthe deceased child or heir shall 2025
receive the share the parent would have received if living.2026

       If suchthe pretermitted child or heir supposed to be dead at 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 suchthe pretermitted child or heir shall 2030
take the provision made for the pretermitted child's or heir's 2031
lineal descendants or suchthat part of it as, in the opinion of 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 estate2045
property for the purpose of securing the payment of money or the 2046
performance of a covenant shall not revoke a will previously 2047
executed andwill relating to such estatethat property.2048

       Sec. 2107.36.  An act of a testator whichthat alters but 2049
does not wholly divest suchthe testator's interest in property 2050
previously devised or bequeathed by himthe testator does not 2051
revoke the devise or bequest of suchthe property, but such. The2052
devise or bequest shall pass to the devisee or legatee the actual 2053
interest of the testator, whichthat would otherwise descend to 2054
histhe testator's heirs or pass to histhe testator's next of 2055
kin;, unless, in the instrument by which suchthe alteration is 2056
made,declares the testator's intention is declared that it shall 2057
operate as a revocation of suchthe previous devise or bequest.2058

       If the instrument by which suchthe alteration is made is 2059
wholly inconsistent with the previous devise or bequest, suchthe2060
instrument willshall operate as a revocation thereofof the 2061
devise or bequest, unless suchthe instrument depends on a 2062
condition or contingency, and suchthe condition is not performed 2063
or suchthe contingency does not happen.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 suchthe revocation 2067
show that it was suchthe testator's intention to revive and give 2068
effect to histhe testator's first will or unless, after suchthe2069
destruction, cancellation, or revocation of the second will, such2070
the testator republishes histhe testator's first will.2071

       Sec. 2107.46.  Any fiduciary may maintainfile an action in 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 bring suchfile an 2077
action under this section after a written request from a party in 2078
interest, the party making the request may institutefile the suit2079
action.2080

       Sec. 2107.47.  (A) The title, estate, or interest of a bona 2081
fide purchaser, lessee, or encumbrancer, for value, in landreal 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 landreal property situated 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 lands, tenements, or hereditaments2102
interests in real property are given by deed or will to a person 2103
for histhe person's life, and after histhe person's death to his2104
the person's heirs in fee, the conveyance shall vest an estate for 2105
life only in suchthe first taker and a remainder in fee simple in 2106
histhe heirs of the first taker. If the remainder is given to the 2107
heirs of the body of the life tenant, the conveyance shall vest an 2108
estate for life only in suchthe first taker and a remainder in 2109
fee simple in the heirs of histhe body of the life tenant. The 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 was possessedhad an interest at his decease2114
the time of the decedent's death shall pass under histhe 2115
decedent's will unless suchthe will manifests a different 2116
intention.2117

       Sec. 2107.501.  (A) A specific devisee or legatee has the 2118
right ofto the remaining specifically devised or bequeathed 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 such athat devise or bequest shall 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 the specific devisee or legatee 2147
hasacquired under division (A) of this section.2148

       Sec. 2107.51.  Every devise of lands, tenements, or 2149
hereditamentsan interest in real property in a will shall convey 2150
all the estate of the devisor thereinin the property, unless it 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 hethe devisee or legatee had survived the testator. 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 suchthe proportions asthat the testamentary 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 estateproperty of a 2176
testator descends to histhe testator's heirs because it was not 2177
disposed of by histhe testator's will, and histhe testator's2178
personal estateproperty is insufficient to pay histhe testator's2179
debts, the undevised real estateproperty shall be chargeable 2180
first with the debts, as far as it will go, in exoneration of the 2181
real estateproperty that is devised, unless it appears from the 2182
will that a different arrangement of assets was made for the 2183
payment of suchthe testator's debts, in which case suchthe2184
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 suchthe payment was taken so that the loss will fall 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 suchthe claim to the executor or 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 hethe devisee or legatee would 2205
have occupied if suchthe claim had been presented and allowed for 2206
suchthe sum asthat is justly owing on it.2207

       (C) A devisee of real estateproperty that is subject to a 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 histhe testator's2217
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
suchthe estate and the advancement made to suchthe child, heir, 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
suchthat child, heir, or witness and hethe child, heir, or 2228
witness shall be bound to contribute with the devisees and 2229
legatees, as provided by suchthat section, and may claim 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
suchthe insolvency, each being liable in proportion to the value 2236
of the property received by himthe person from the estate of the 2237
deceased. If any one of the persons liable dies without paying his2238
the person's proportion of suchthe debt, histhe executors and 2239
administrators of the person's estate shall be liable thereforfor 2240
that proportion to the extent to which hethe person would have 2241
been liable if living.2242

       Sec. 2107.58.  When a sale of landsreal property aliened or 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, inclusive, of the 2245
Revised Code do not prevent the probate court from making suchan2246
order and decree for the sale of any portion of the aliened or 2247
unaliened land asreal property that is equitable betweenamong2248
the several parties, and making an order of contribution and 2249
further order and decree to settle and adjust the various rights 2250
and liabilities of the parties.2251

       Sec. 2107.59.  When a last will and testament is admitted to 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
lands, tenements, or hereditamentsinterests in real property are 2255
given or devised by suchthe will to the executors named in the 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 such 2258
estatethe interests in real property thereby isare ordered to be 2259
sold by suchthe executors and one or more of the executors dies, 2260
refuses to act, or neglects to take upon himselfself the 2261
execution of the will, then all sales and conveyances of such 2262
estatethe interests in real property by the executors who took 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 suchthe2266
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 such estatethe 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 estateproperty if reduced to 2277
writing and subscribed by two competent disinterested witnesses 2278
within ten days after the speaking of the testamentary words. Such2279
The witnesses mustshall prove that the testator was of sound mind 2280
and memory, not under restraint, and that hethe testator called 2281
upon some person present at the time the testamentary words were 2282
spoken to bear testimony to suchthe disposition as histhe 2283
testator's will.2284

       No oral will shall be admitted to record unless it is offered 2285
for probate within sixthree months after the death of the 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, inclusive, and2289
or 2129.05 to 2129.07, inclusive, of the Revised Code, no will is 2290
effectual to passtransfer real or personal estateproperty.2291

       Sec. 2107.65.  A testator may confer in histhe testator's2292
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 histhe will that the person 2295
or persons so nominated may serve without bond. If a will confers 2296
such athat power, the holders of it have the authority to 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, which will or codicil2301
that has not been declared valid by judgment of a probate court 2302
pursuant to section 2107.084 of the Revised Code, or which will or 2303
codicilthat has been declared valid by judgment of a probate 2304
court pursuant to section 2107.084 of the Revised Code, but which2305
has been removed from the possession of the probate judge, may 2306
contest its validity by filing a civil actioncomplaint in the 2307
probate court in the county in which suchthe will or codicil was 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 its makerthe 2312
testator during histhe testator's lifetime and declared valid by 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 such athat will, 2317
modification, or codicil as to suchthose facts if the person is 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
suchthat action. Upon the filing of an actiona complaint2323
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 petition2331
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 last will and testament or codicil of 2345
the testator, the trial court shall allow as part of the costs of 2346
administration suchthe amounts to the fiduciary and to the 2347
attorneys defending suchthe purported last will or purported 2348
codicil asthat the trial court finds to be reasonable 2349
compensation for the services rendered in suchthe will contest 2350
action. The court shall order suchthe amounts allowed to be paid 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
suchthat consent, performs an autopsy or post-mortem examination 2357
is not liable in a civil or criminal action brought against him2358
the licensed physician or surgeon for suchthat act.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 holdsheld as a 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 suchthose letters.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. AnThe court shall reject an improper or 2386
incomplete filing shall be rejected, and that court shall return 2387
it to the sender, and impose a cost of two dollars and fifty cents 2388
per improper or incomplete filing, chargeable against the estate.2389

       Sec. 2109.03.  At the time of the appointment of a fiduciary, 2390
suchthe fiduciary shall file in the probate court the name of the 2391
attorney, if any, who will represent himthe fiduciary in matters 2392
relating to the trust. After the name of an attorney has been 2393
filed, notices sent to suchthat fiduciary in histhe fiduciary's2394
official capacity shall also be sent by the court to suchthat2395
attorney who may sign waiver of service of any or all of suchthe2396
notices upon himthe attorney. If the fiduciary is absent from the 2397
state, suchthe attorney shall be the agent of the fiduciary upon 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 thereofof the summons, citation, or notice to 2401
the attorney designated by himthe fiduciary. No probate judge 2402
shall permit any person to practice law in the probate court for 2403
compensation, unless hethe person has been admitted to the 2404
practice of law within the state. This section does not prevent 2405
any person from representing histhe person's own interest in any 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 suchan amount as may 2412
bethat is fixed by the court, but in no event less than double 2413
the probable value of the personal estateproperty and of the 2414
annual real estateproperty rentals whichthat will come into such 2415
person's handsthe possession or under the control of the person2416
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 estateproperty2440
and of the annual real estateproperty rentals that will come into 2441
the guardian's handspossession or under the control of 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 such sections 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 such a2455
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 suchan2460
amount as may bethat is fixed by the court. On failure to give 2461
suchthat bond, the defaulting fiduciary shall be removed. 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 suchthat intention. 2466

       The court by whichthat appoints a fiduciary is appointed may 2467
reduce the amount of the bond of suchthe fiduciary at any time 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 deemedconsidered necessary by the 2473
probate court and not otherwise directed in the will, a bond, as 2474
provided by sections 2109.01 to 2109.58, inclusive, of the Revised 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 such athe trustee fails to give bond within the time 2479
ordered by the court, he shall be removedthe court shall remove 2480
the trustee from histhe trust, or the trustee shall be considered 2481
to have declined it. Another person may be appointed in his stead 2482
upon giving the required bond.2483

       Sec. 2109.06.  The probate court by whichthat appoints a 2484
fiduciary is appointed may, on its own motion or on the 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, whenever, in the opinion of suchthe court, the 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 such2491
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 suchthe bond whichthat2497
are committed before the new bond is approved by the court.2498

       AThe court shall remove a fiduciary who fails within the 2499
time fixed by the court to furnish new or additional bond or 2500
sureties shall be removed, and some other person appointed in his 2501
stead, as the circumstances of the case requirethe court shall 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 estateproperty located in this state;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 estateproperty in which the deceased had an interest, 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 real2547
estateproperty located in this state;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 estateproperty in which the 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 suchthat bond shall not discharge the lien on 2578
the decedent's real estateproperty for the payment of the 2579
decedent's debts, except that part whichthat has been lawfully 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, chattels, rights, credits, other personal property,2587
and real estateproperty belonging to the trust that come to the 2588
trustee's possession or knowledge;2589

       (B) To administer and distribute according to law and the 2590
will of the testator all moneys, chattels, rights, credits, other 2591
personal property and real estateproperty belonging to the trust 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, chattels, rights, credits, other 2603
personal property, and real estateproperty belonging to the ward 2604
that come to the guardian's possession or knowledge;2605

       (B) To administer and distribute according to law all moneys, 2606
chattels, rights, credits, other personal property, and real 2607
estateproperty belonging to the ward that come to the possession 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 whichthat are 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 suchthose works be deposited with a 2618
corporation conducting such athe museum or other similar 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. SuchThe deposit 2622
shall be made in the name of the fiduciary, and the property 2623
deposited shall not be withdrawn from the custody of suchthe2624
depository or otherwise deposited except upon the special order of 2625
the court. The probate judge may impose suchany conditions 2626
relative to insurance and the care and protection of the property 2627
deposited asthat the court thinks best for the interests of the 2628
estate and the beneficiaries thereofof the estate. After suchthe2629
deposit has been made, a receipt for saidthat property executed 2630
by saidthat corporation shall be filed with the court, whichand 2631
the receipt shall acknowledge that saidthe property is held by 2632
saidthat corporation subject to the order of the court. When 2633
suchthe receipt is filed, the court may fix or reduce the amount 2634
of the bond so that the amount of the penalty thereofof the bond2635
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 histhe fiduciary's sureties 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 suchthe fiduciary has acted in good faith.2641

       Sec. 2109.17.  If the bond of a fiduciary is executed by 2642
personal sureties, one or more of suchthe sureties shall be a 2643
resident of the county in which suchthe fiduciary applies for 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. WhenIf two or more sureties are offered on the same 2648
bond, they must have in the aggregate the qualifications 2649
prescribed in this section. SuchThe sureties shall qualify under 2650
oath and may be required to exhibit to the probate court 2651
satisfactory evidence of the ownership of suchthe real property.2652

       No corporate surety shall be acceptable on a fiduciary's bond 2653
in suchthe probate court unless suchthe surety is acceptable to 2654
the United States government on surety bonds in likethe same2655
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. SuchThe surety shall also be qualified 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 suchthe fiduciary to the estate represented by 2661
himthe fiduciary existing at the time suchthe fiduciary was 2662
appointed; but suchthe surety shall be liable to the extent that 2663
suchthe debt has been made uncollectible by wrongful act of such2664
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 suchthe fiduciary may order himthe fiduciary to render an 2669
account and to execute to suchthe surety a bond of indemnity with 2670
sureties approved by the court. Upon neglect or refusal to execute 2671
suchthe bond within the time ordered, the court may remove such2672
the fiduciary, revoke histhe fiduciary's letters of appointment, 2673
and appoint another fiduciary in histhe fiduciary's place.2674

       Sec. 2109.20.  Instead of the sureties required on hisa 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 estate2678
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 estate2681
property, and it shall be shown to the court's satisfaction that, 2682
exclusive of improvements on the real estateproperty, the real 2683
estateproperty is of a value sufficient to secure the bond. The 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 maker of 2697
the willtestator by consanguinity or affinity, or a person who 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
maker of a willtestator by consanguinity or affinity, as an 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 maker of the willtestator by consanguinity 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 maker of a willtestator by 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 estate2758
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
himthe person from acting as fiduciary, whether the marriage 2774
occurs before or after histhe person's appointment and 2775
qualification, and all of histhe person's acts in suchthat2776
capacity shall have the same validity as though hethe person were 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 fiduciary2795
forthwith may be removed by the court and shall receive no 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 suchthe written application unless for a good cause.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 histhe 2816
fiduciary's duties because hethe fiduciary is engaged or is about 2817
to engage in military service as defined by this section, the 2818
court may remove suchthe fiduciary and appoint a substitute or 2819
authorize the remaining fiduciaries to execute the trust. Such2820
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 suchthose2823
persons and in suchthe manner asthat the court shall direct.2824

       If any of the duties of suchthat office remain unexecuted 2825
when a fiduciary who has resigned or been removed on account of 2826
histhe fiduciary's military service ceases to be in suchthat2827
military service, hethe fiduciary shall be reappointed as 2828
fiduciary upon histhe fiduciary's application to the court and 2829
upon suchany notice asthat the court may direct, provided hethe 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 suchthe person is reappointed, the court 2833
shall remove the substitute fiduciary and revoke histhe 2834
substitute fiduciary's letters of appointment, and shall make such 2835
further order or decree as justice requires.2836

       "Military service," as(B) As used in this section, "military 2837
service" means any service, work, or occupation whichthat in the 2838
opinion of the court is directly or indirectly in furtherance of 2839
any military effort of the United States. Such definition2840
"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 thereofof the 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 suchthe trust to be 2849
filed forthwith by suchthe fiduciary if a living person and able 2850
to act. If suchthe fiduciary is a living person but unable to 2851
act, suchthe final account shall be filed by histhe fiduciary's2852
guardian, or, if there is no guardian, by some other suitable 2853
person in histhe fiduciary's behalf, appointed or approved by the 2854
court. If suchthe fiduciary is a deceased person, suchthe final2855
account shall be filed by histhe fiduciary's executor or 2856
administrator. If no estate is commenced for a deceased fiduciary, 2857
the deceased fiduciary's successor shall file the final account.2858
If suchthe fiduciary is a dissolved corporation, suchthe final2859
account shall be filed by suchthose persons asthat are charged 2860
by law with winding up the affairs of suchthe dissolved2861
corporation. Thereupon theThe court shall cause suchthe2862
proceedings to be had as are provided by sections 2109.30 to 2863
2109.36, inclusive, of the Revised Code.2864

       Whenever such a vacancy occurs and suchthat contingency is 2865
not otherwise provided for by law or by the instrument creating 2866
the trust, or whenever suchthe instrument names no fiduciary, the 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 somea competent person or persons who shall qualify according 2870
to law and execute the trust to its proper termination. SuchThe2871
vacancy and the appointment of a successor fiduciary shall not 2872
affect the liability of the former fiduciary or histhe former 2873
fiduciary's sureties whichthat was previously incurred.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 handspossession or under the control of 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. WhenIf2915
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

       WhenIf a guardian or conservator is authorized by law to 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 handspossession or under the control of 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. WhenIf securities are located outside the 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

       WhenIf a testamentary trustee or other fiduciary is 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 asthat the court considers proper. If, at the hearing 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 his or herthe beneficiary's distribution and for which a 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 histhe fiduciary's account to be conducted under section 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 his3124
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 himthe person to vacate the order settling each 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, he forthwiththe person3136
shall examine each prior account so specified, shall inquire into 3137
its contents, and, if he deemsthe person considers it necessary 3138
to protect histhe person's rights, shall take the action with 3139
respect to histhe person's rights that is permitted by law.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 suchthat3168
class shall be deemedconsidered to be represented in any hearing 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
suchthat proceeding or if a trustee for the proceeding is 3172
appointed by the probate court. The unborn members of suchthe3173
class need not be served by publication. An order made in such3174
the proceeding shall be binding upon all members of suchthe3175
class, except that suchthe order may be vacated for fraud as 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 such proceeding under this section by the attorney general if3181
hethe attorney general is made a party theretoto the proceeding. 3182
Any order made in the proceeding shall be binding upon suchthose3183
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
hethe person discovers the existence of the fraud, whichever is 3194
later, or histhe person's guardian or a successor guardian may do 3195
so during the period of the legal disability. If the death of any 3196
person occurs during the period within which hethe person could 3197
have filed the motion, histhe person's administrator or executor 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 deemedconsidered to have been a party to the 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 deemedconsidered to have been a party to that 3216
proceeding unless hethe person was represented in it as provided 3217
in section 2111.23 of the Revised Code. Neither the fiduciary nor 3218
histhe fiduciary's surety shall incur any liability as a result 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 himthe person, with legal interest.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 suchthe time asthat the 3258
court shall designate. The fiduciary may serve notice of the 3259
hearing upon suchthe application, or cause suchthe notice to be 3260
served, upon any person who may be affected by an order disposing 3261
thereofof the application; or the court, upon motion of any 3262
interested person for good cause shown or at its own instance, may 3263
order suchthe notice to be served upon any suchthat person. Such3264
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 theretoto the 3268
application, and make suchan order asthat the court deems3269
considers proper. If the court makes an order of distribution, the 3270
fiduciary shall comply therewithwith the order and shall account 3271
to the court for histhe fiduciary's distribution, verified by 3272
vouchers or proof. An order of distribution shall have the effect 3273
of a judgment. SuchThe order may be reviewed upon appeal and may 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 goods3318
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
whichthat are to be invested may invest them in the following: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 suchthe county, municipal corporation, school 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 suchthe county, municipal 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 suchthat investment, has not defaulted for more than 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 whichthat are: (a) secured by a first mortgage on 3380
real estateproperty held in fee and located in the state, 3381
improved by a unit designed principally for residential use for 3382
not more than four families or by a combination of suchthat3383
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 estate3386
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 suchthat mortgage does 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 suchthe mortgage requires 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 estate3399
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 estateproperty at the time the investment is made, 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
thereinin the notes not exceeding ninety days in duration;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 suchthe ward or 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 suchthat3430
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 suchthe evidences of deposits are insured under 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 such3459
the deposits except with the approval of the probate court, and 3460
then in an amount not to exceed the amount whichthat the 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 by depositing the funds in the bank, and suchthe3467
national or state bank when itself acting in a fiduciary capacity 3468
may deposit the funds in savings accounts in, or certificates or 3469
other evidences of deposits issued by, its own savings department 3470
or any bank subsidiary corporation owned or controlled by the bank 3471
holding company that owns or controls suchthe national or state 3472
bank; provided that no deposit shall be made by any fiduciary, 3473
individual, or corporate, unless the deposits of the depository 3474
bank are insured by the federal deposit insurance corporation 3475
created under the "Federal Deposit Insurance Corporation Act of 3476
1933," 48 Stat. 162, 12 U.S.C. 264, as amended, and provided that 3477
the deposit of the funds of any one trust in any suchthose3478
savings accounts in, or certificates or other evidences of 3479
deposits issued by, any one bank shall not exceed the sum insured 3480
under that act, as amended;3481

       (15) Obligations consisting of notes, bonds, debentures, or 3482
equipment trust certificates issued under an indenture, whichthat3483
are the direct obligations, or in the case of equipment trust 3484
certificates are secured by direct obligations, of a railroad or 3485
industrial corporation, or a corporation engaged directly and 3486
primarily in the production, transportation, distribution, or sale 3487
of electricity or gas, or the operation of telephone or telegraph 3488
systems or waterworks, or in some combination of them; provided 3489
that the obligor corporation is one whichthat is incorporated 3490
under the laws of the United States, any state, or the District of 3491
Columbia, or foreign government, and the obligations are rated at 3492
the time of purchase in the highest or next highest classification 3493
established by at least two standard rating services selected from 3494
a list of the standard rating services whichthat shall be 3495
prescribed by the superintendent of financial institutions; 3496
provided that every such list shall be certified by the 3497
superintendent to the clerk of each probate court in the state, 3498
and shall continue in effect until a different list is prescribed 3499
and certified as provided in this division;3500

       (16) Obligations issued, assumed, or guaranteed by the 3501
international finance corporation or by the international bank for 3502
reconstruction and development, the Asian development bank, the 3503
inter-American development bank, the African development bank, or 3504
other similar development bank in which the president, as 3505
authorized by congress and on behalf of the United States, has 3506
accepted membership, provided that the obligations are rated at 3507
the time of purchase in the highest or next highest classification 3508
established by at least one standard rating service selected from 3509
a list of standard rating services whichthat shall be prescribed 3510
by the superintendent of financial institutions;3511

       (17) Securities of any investment company, as defined in and 3512
registered under sections 3 and 8 of the "Investment Company Act 3513
of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3 and 80a-8, that are 3514
invested exclusively in forms of investment or in instruments that 3515
are fully collateralized by forms of investment in which the 3516
fiduciary is permitted to invest pursuant to divisions (A)(1) to 3517
(16) of this section, provided that, in addition to suchthose3518
forms of investment, the investment company may, for the purpose 3519
of reducing risk of loss or of stabilizing investment returns, 3520
engage in hedging transactions.3521

       (B) No administrator or executor may invest funds belonging 3522
to an estate in any asset other than a direct obligation of the 3523
United States that has a maturity date not exceeding one year from 3524
the date of investment, or other than in a short-term investment 3525
fund that is invested exclusively in obligations of the United 3526
States or of its agencies, or primarily in suchthose obligations 3527
and otherwise only in variable demand notes, corporate money 3528
market instruments including, but not limited to, commercial 3529
paper, or fully collateralized repurchase agreements or other 3530
evidences of indebtedness that are payable on demand or generally 3531
have a maturity date not exceeding ninety-one days from the date 3532
of investment, except with the approval of the probate court or 3533
with the permission of the instruments creating the trust.3534

       (C)(1) In addition to the investments allowed by this 3535
section, a guardian or trustee, with the approval of the court, 3536
may invest funds belonging to the trust in productive real estate3537
property located within the state, provided that neither the 3538
guardian nor the trustee nor any member of the family of either 3539
has any interest in suchthe real estateproperty or in the 3540
proceeds of the purchase price. The title to any real estate3541
property so purchased by a guardian mustshall be taken in the 3542
name of the ward.3543

       (2) Notwithstanding the provisions of division (C)(1) of this 3544
section, the court may permit the funds to be used to purchase or 3545
acquire a home for the ward or an interest in a home for the ward 3546
in which a member of the ward's family may have an interest. After 3547
the filing of the petition by a guardian or a conservator for 3548
authority to purchase or acquire a home for the ward or an 3549
interest in a home for the ward in which a member of the ward's 3550
family may have an interest, the matter shall be set for a hearing 3551
before the probate court.3552

       (D) If the fiduciary is a trustee appointed by and 3553
accountable to the probate court, the fiduciary shall invest the 3554
trust's assets pursuant to the requirements and standards set 3555
forth in the Ohio Uniform Prudent Investor Act.3556

       Sec. 2109.371.  (A) In addition to those investments made 3557
eligible by section 2109.37 or 2109.372 of the Revised Code, 3558
investments may be made by a fiduciary other than a guardian under 3559
sections 5905.01 to 5905.19 of the Revised Code, and subject to 3560
the restriction placed on an administrator or executor by division 3561
(B) of section 2109.37 of the Revised Code, in any of the 3562
following kinds and classes of securities, provided that it may be 3563
lawfully sold in Ohio and investment is made only in suchthose3564
securities asthat would be acquired by prudent persons of 3565
discretion and intelligence in suchthose matters who are seeking 3566
a reasonable income and the preservation of their capital:3567

       (1) Securities of corporations organized and existing under 3568
the laws of the United States, the District of Columbia, or any 3569
state of the United States, or any foreign government or state,3570
including, but not limited to, bonds, debentures, notes, equipment 3571
trust obligations, or other evidences of indebtedness, and shares 3572
of common and preferred stocks of suchthose corporations;3573

       (2) Subject to division (C) of this section, collective 3574
investment funds established in accordance with section 1111.14 of 3575
the Revised Code or securities of any investment company, 3576
including any affiliated investment company, whether or not the 3577
fiduciary has invested other funds held by it in an agency or 3578
other nonfiduciary capacity in the securities of the same 3579
investment company or affiliated investment company. SuchThose3580
investments may be made regardless of the eligibility of the 3581
underlying assets held by the fund portfolios of the investment 3582
company.3583

       (3) Bonds or other interest-bearing obligations of any state 3584
or territory of the United States, or of any county, city, 3585
village, school district, or other legally constituted political 3586
taxing subdivision of any state or territory of the United States, 3587
not otherwise eligible under division (A)(2) or (3) of section 3588
2109.37 of the Revised Code, or of any foreign government;3589

       (4) Debt or equity securities of foreign corporations that 3590
trade on recognized United States domiciled exchanges.3591

       (B) No investment shall be made pursuant to this section3592
whichthat, at the time suchthe investment is made, causes the 3593
aggregate market value of the investments, not made eligible by 3594
section 2109.37 or 2109.372 of the Revised Code, to exceed sixty 3595
per cent of the aggregate market value at that time of all the 3596
property of the fund held by the fiduciary. No sale or other 3597
liquidation of any investment shall be required solely because of 3598
any change in the relative market value of those investments made 3599
eligible by this section and those made eligible by section 3600
2109.37 or 2109.372 of the Revised Code; provided that, in the 3601
event of a sale of investments authorized by this section, the 3602
proceeds from the sale may be reinvested in the kinds and classes 3603
of securities authorized by this section without regard to the 3604
percentage limitation provided in this division. In determining 3605
the aggregate market value of the property of a fund and the 3606
percentage of a fund to be invested under this section, a 3607
fiduciary may rely upon published market quotations as to those 3608
investments for which suchthose quotations are available and 3609
upon suchthe valuations of other investments asthat, in the 3610
fiduciary's best judgment, seem fair and reasonable according to 3611
available information.3612

       (C)(1)(a) A fiduciary making an investment of trust funds in 3613
securities of an affiliated investment company, or a bank 3614
subsidiary corporation or other corporation owned or controlled by 3615
the bank holding company that owns or controls the fiduciary, may 3616
charge a reasonable fee for investment advisory, brokerage, 3617
transfer agency, registrar, management, or other similar services 3618
provided to an affiliated investment company. The fee may be in 3619
addition to the compensation to which the fiduciary is otherwise 3620
entitled to receive from the trust, provided that the fee is 3621
charged as a percentage of either asset value or income earned or 3622
actual amount charged and is disclosed at least annually by 3623
prospectus, account statement, or any other written means to all 3624
persons entitled to receive statements of account activity. The 3625
fiduciary shall disclose the relationship between the fiduciary 3626
and the affiliated investment company, at least annually by 3627
account statement, whether or not the fee is charged.3628

       (b) A fiduciary making an investment of trust funds in 3629
securities of an affiliated investment company pursuant to 3630
division (A)(2) of this section shall, when providing any periodic 3631
account statements to the trust fund, report the net asset value 3632
of the shares comprising the investment of the trust funds in the 3633
affiliated investment company.3634

       (c) If a fiduciary making an investment of trust funds in 3635
securities of an affiliated investment company pursuant to 3636
division (A)(2) of this section invests suchthose funds in any 3637
mutual fund, the fiduciary shall disclose, in at least ten-point 3638
boldface type, by prospectus, account statement, or any other 3639
written means to all persons entitled to receive statements of 3640
account activity, that the mutual fund is not insured or 3641
guaranteed by the federal deposit insurance corporation or by any 3642
other government-sponsored agency of the federal government or of 3643
this state.3644

       (2) Unless the investment of trust funds in securities of an 3645
affiliated investment company can be made under the terms of the 3646
instrument creating the trust, an exception to the investment of 3647
trust funds in securities of an affiliated investment company may 3648
be filed with the probate court. Any exception filed pursuant to 3649
this division mustshall be signed by all persons who would, at 3650
the time the exception is filed, be permitted to file an exception 3651
to an account pursuant to section 2109.33 of the Revised Code and 3652
mustshall state that all suchof those persons request that the 3653
current investment of trust funds in securities of an affiliated 3654
investment company be terminated within a reasonable time. If the 3655
probate court determines that the exception complies with the 3656
requirements of this division, the probate court shall establish a 3657
schedule for disposing of any current investments in securities of 3658
an affiliated investment company, and the fiduciary shall cause 3659
the trust to dispose of the investments in accordance with the 3660
schedule. The fiduciary shall not be liable for any loss incurred 3661
by the trust as a result of complying with division (C)(2) of this 3662
section.3663

       (D) As used in this section, "affiliated investment company" 3664
and "reasonable fee" have the same meanings as in division (E) of 3665
section 1111.13 of the Revised Code.3666

       Sec. 2109.372.  (A) As used in this section:3667

       (1) "Short term trust-quality investment fund" means a short 3668
term investment fund that meets both of the following conditions:3669

       (a) The fund may be either a collective investment fund 3670
established in accordance with section 1111.14 of the Revised Code 3671
or a registered investment company, including any affiliated 3672
investment company whether or not the fiduciary has invested other 3673
funds held by it in an agency or other nonfiduciary capacity in 3674
the securities of the same registered investment company or 3675
affiliated investment company.3676

       (b) The fund is invested in any one or more of the following 3677
manners:3678

       (i) In obligations of the United States or of its agencies;3679

       (ii) In obligations of one or more of the states of the 3680
United States or their political subdivisions;3681

       (iii) In obligations of foreign governments or states;3682

       (iv) In variable demand notes, corporate money market 3683
instruments including, but not limited to, commercial paper rated 3684
at the time of purchase in either of the two highest 3685
classifications established by at least one nationally recognized 3686
standard rating service;3687

       (iv)(v) Deposits in banks, savings banks, or savings and loan 3688
associations, whose deposits are insured by the federal deposit 3689
insurance corporation, or in credit unions insured by the national 3690
credit union administration or by a credit union share guaranty 3691
corporation established under Chapter 1761. of the Revised Code, 3692
if the rate of interest paid on suchthose deposits is at least 3693
equal to the rate of interest generally paid by suchthose banks, 3694
savings banks, savings and loan associations, or credit unions on 3695
deposits of similar terms or amounts;3696

       (v)(vi) In fully collateralized repurchase agreements or 3697
other evidences of indebtedness that are of trust quality and are 3698
payable on demand or have a maturity date consistent with the 3699
purpose of the fund and the duty of fiduciary prudence.3700

       (2) "Registered investment company" means any investment 3701
company that is defined in and registered under sections 3 and 8 3702
of the "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 3703
80a-3 and 80a-8.3704

       (3) "Affiliated investment company" has the same meaning as 3705
in division (E)(1) of section 1111.13 of the Revised Code.3706

       (B) A fiduciary is not required to invest cash that belongs 3707
to the trust and may hold that cash for the period prior to 3708
distribution if either of the following applies:3709

       (1) The fiduciary reasonably expects to do either of the 3710
following:3711

       (a) Distribute the cash to beneficiaries of the trust on a 3712
quarterly or more frequent basis;3713

       (b) Use the cash for the payment of debts, taxes, or expenses 3714
of administration within the ninety-day period following the 3715
receipt of the cash by the fiduciary.3716

       (2) Determined on the basis of the facilities available to 3717
the fiduciary and the amount of the income that reasonably could 3718
be earned by the investment of the cash, the amount of the cash 3719
does not justify the administrative burden or expense associated 3720
with its investment.3721

       (C) If a fiduciary wishes to hold funds that belong to the 3722
trust in liquid form and division (B) of this section does not 3723
apply, the fiduciary may so hold the funds as long as they are 3724
temporarily invested as described in division (D) of this section.3725

       (D)(1) A fiduciary may make a temporary investment of cash 3726
that the fiduciary may hold uninvested in accordance with division 3727
(B) of this section, and shall make a temporary investment of 3728
funds held in liquid form pursuant to division (C) of this 3729
section, in any of the following investments, unless the governing 3730
instrument provides for other investments in which the temporary 3731
investment of cash or funds is permitted:3732

       (a) A short term trust-quality investment fund;3733

       (b) Direct obligations of the United States or of its 3734
agencies;3735

       (c) Obligations of foreign governments or states;3736

       (d) A deposit with a bank, savings bank, savings and loan 3737
association, or credit union, including a deposit with the 3738
fiduciary itself or any bank subsidiary corporation owned or 3739
controlled by the bank holding company that owns or controls the 3740
fiduciary, whose deposits are insured by the federal deposit 3741
insurance corporation, if the rate of interest paid on that 3742
deposit is at least equal to the rate of interest generally paid 3743
by that bank, savings bank, savings and loan association, or 3744
credit union on deposits of similar terms or amounts.3745

       (2) A fiduciary that makes a temporary investment of cash or 3746
funds pursuant to division (D)(1) of this section may charge a 3747
reasonable fee for the services associated with that investment. 3748
The fee shall be in addition to the compensation to which the 3749
fiduciary is entitled for ordinary fiduciary services.3750

       (3) Fiduciaries that make one or more temporary investments 3751
of cash or funds pursuant to division (D)(1) of this section shall 3752
provide to the beneficiaries of the trusts involved, that are 3753
currently receiving income or have a right to receive income, a 3754
written disclosure of their temporary investment practices and, if 3755
applicable, the method of computing reasonable fees for their 3756
temporary investment services pursuant to division (D)(2) of this 3757
section. Fiduciaries may comply with this requirement in any 3758
appropriate written document, including, but not limited to, any 3759
periodic statement or account.3760

       (4) A fiduciary that makes a temporary investment of cash or 3761
funds in an affiliated investment company pursuant to division 3762
(D)(1)(a) of this section shall, when providing any periodic 3763
account statements of its temporary investment practices, report 3764
the net asset value of the shares comprising the investment in the 3765
affiliated investment company.3766

       (5) If a fiduciary that makes a temporary investment of cash 3767
or funds in an affiliated investment company pursuant to division 3768
(D)(1)(a) of this section invests in any mutual fund, the 3769
fiduciary shall provide to the beneficiaries of the trust 3770
involved, that are currently receiving income or have a right to 3771
receive income, a written disclosure, in at least ten-point 3772
boldface type, that the mutual fund is not insured or guaranteed 3773
by the federal deposit insurance corporation or by any other 3774
government agency or government-sponsored agency of the federal 3775
government or of this state.3776

       Sec. 2109.38.  Sections 2109.37, 2109.371, and 2109.372 of 3777
the Revised Code do not prohibit a fiduciary from retaining any 3778
part of a trust estate as received by himthe fiduciary even 3779
though suchthat part is not of the class or percentage permitted 3780
to fiduciaries, or from retaining any investment made by himthe 3781
fiduciary after suchthe investment ceases to be of a class or 3782
exceeds the percentage permitted by law, provided the 3783
circumstances are not such as to require the fiduciary to dispose 3784
of suchthe investment in the performance of histhe fiduciary's3785
duties.3786

       Sec. 2109.39.  A fiduciary entitled to a distributive share 3787
of the assets of an estate or trust has the same right as other 3788
beneficiaries to accept or demand distribution in kind and may 3789
retain any security or investment so distributed to himthe 3790
fiduciary as though it were a part of the original estate received 3791
by himthe fiduciary.3792

       Sec. 2109.40.  Unless the instrument creating a trust 3793
forbids, a fiduciary may do all of the things whichthat an 3794
individual holder might do with respect to securities held by him3795
the fiduciary, including the exercise or sale of subscription 3796
rights, the acceptance of new stock in the same corporation in 3797
place of the stock held, or in the event of reorganization, sale, 3798
or merger in a different corporation, and with the approval of the 3799
probate court, the investment of additional funds whereif3800
required of all shareholders participating in a reorganization.3801

       Sec. 2109.42.  Subject to section 2109.372 of the Revised 3802
Code, a fiduciary who has funds belonging to a trust whichthat3803
are not required for payment of current obligations of histhe 3804
fiduciary's trust or distribution shall, unless otherwise ordered 3805
by the probate court, invest suchthose funds within a reasonable 3806
time according to section 2109.37 or 2109.371 of the Revised Code. 3807
On failure to do so, suchthe fiduciary shall account to the trust 3808
for suchany loss of interest asthat is found by the court to be 3809
due to histhe fiduciary's negligence.3810

       Sec. 2109.43.  No fiduciary shall make any personal use of 3811
the funds or property belonging to a trust. For a violation of 3812
this section, suchthe fiduciary and histhe fiduciary's bond 3813
shall be liable in an action for any loss occasioned by suchthat3814
use and for suchany additional amount by way of forfeiture, not 3815
exceeding the amount of the loss occasioned by suchthe use, as3816
that may be fixed by the probate court hearing suchthe case. Such3817
Those amounts shall be payable for the benefit of the beneficiary, 3818
if living, and to histhe beneficiary's estate if hethe 3819
beneficiary is deceased. In addition to the penalties under this 3820
section, the court may remove the fiduciary pursuant to section 3821
2109.24 of the Revised Code for fraudulent conduct or dereliction 3822
of duty related to the fiduciary's personal use or misuse of funds 3823
or property belonging to a trust. However, if all interested 3824
persons consent to the fiduciary's use of the property in a signed 3825
writing filed with the probate court, the fiduciary may make 3826
personal use of property belonging to the trust.3827

       An action under this section shall be brought not later than 3828
one year after the termination of the trust or the discovery of 3829
suchthat loss.3830

       It is within the court's discretion, upon application, notice 3831
to interested persons, and a hearing, to allow the personal use of 3832
trust property by the fiduciary.3833

       Sec. 2109.44. (A) Fiduciaries shall not buy from or sell to 3834
themselves and shall not have in their individual capacities any 3835
dealings with the estate, except as expressly authorized by the 3836
instrument creating the trust and then only 1111.13 1111.14 with 3837
the approval of the probate court in each instance. No corporate 3838
fiduciary, , as defined in section 1101.01 of the Revised Code, 3839
that is not subject to examination or regulatory oversight by the 3840
superintendent of financial institutions, the comptroller of the 3841
currency, or the office of thrift supervision shall be permitted 3842
to deal with the estate, any power in the instrument creating the 3843
trust to the contrary notwithstanding. This section does not 3844
prohibit a fiduciary from making an advancement whenif the 3845
advancement has been expressly authorized by the instrument 3846
creating the trust or whenif the probate court approves or from 3847
engaging in any act authorized by this chapter.3848

       (B) The fiduciary may petition the court for authority to 3849
purchase property of the estate if all of the following 3850
requirements are met:3851

       (1) Written consent to the purchase is signed by the 3852
following: 3853

       (a) Each known heir whose interest in the estate would be 3854
affected by the proposed purchase;3855

       (b) Each known devisee whose interest in the estate would be 3856
affected by the proposed purchase.3857

       (2) The written consents are filed with the court.3858

        (3) The purchase is shown to be to the advantage of the 3859
estate.3860

       (C) The court shall deliver notice of the hearing on the 3861
petition to the heirs, devisees, or legatees of the estate or any 3862
interested person.3863

       Sec. 2109.45.  Before the probate court confirms a sale by an 3864
executor, administrator, guardian, assignee, or trustee made under 3865
an order allowing that officer to make a private sale, the court 3866
shall require that officer to file a statement indicating that the 3867
private sale was made after diligent endeavor to obtain the best 3868
price for the property and that the private sale was at the 3869
highest price hethe executor, administrator, guardian, assignee, 3870
or trustee could getobtain for the property.3871

       Sec. 2109.46.  When it appears to be for the best interests 3872
of the trustentrusted estate, a fiduciary other than an executor 3873
or administrator may, with the approval of the probate court, 3874
borrow money and mortgage real estateproperty belonging to the 3875
trustentrusted estate, whether suchthe real estateproperty was 3876
acquired by purchase or by descent and distribution.3877

       The fiduciary proposing so to borrow money mustshall file in 3878
the probate court whichthat appointed himthe fiduciary a 3879
petitioncomplaint describing all of the real estateproperty in 3880
the trust and stating the nature and amount of the encumbrances 3881
thereonon that real property, the date suchthose encumbrances 3882
became or will become due, and the rate of interest thereonon 3883
those encumbrances. The petitioncomplaint shall also contain a 3884
statement of the personal property in the trust, the income from 3885
suchthe personal property, and the income from the real estate3886
property in suchthe trust. Such petitionThe complaint if filed 3887
by a guardian shall state the names, ages, and residences of the 3888
ward and next of kin known to be a resident in theof this state, 3889
including the spouse of suchthe ward and persons holding liens on 3890
suchthe real estateproperty unless the liens will be 3891
extinguished, all of whom mustshall be made defendants and be 3892
notified of the pendency and prayer of the petitioncomplaint in 3893
suchthe manner asthat the court directs. In addition such 3894
petition, the complaint shall contain a statement of the nature of 3895
the imbecilityincompetency or insanityincapacity, if any, of3896
suchthe ward, whether temporary or confirmed and its duration. 3897
Except as provided in this section, the defendants and notice3898
theretoto the defendants shall be the same as though the real 3899
estateproperty proposed to be mortgaged were being sold by the 3900
fiduciary. The petitioncomplaint shall set forth the purpose of 3901
the loan, the amount required thereforfor the loan, and suchany3902
other facts asthat may be pertinent to the question whether such3903
the money should be borrowed and shall contain a prayer that the 3904
fiduciary be authorized to mortgage so much of the ward's lands as 3905
may be necessary to secure suchthe loan.3906

       Upon the filing of such petitionthe complaint, the 3907
proceedings as to pleadings and proof shall be the same as on 3908
petitiona complaint to sell real estateproperty belonging to the 3909
trust.3910

       Sec. 2109.47.  Before the probate court makes an order 3911
authorizing a guardian to mortgage real estateproperty for the 3912
purpose of borrowing money to make repairs or improvements, the 3913
court shall appoint three disinterested persons whose duty it 3914
shall be to investigate fully the necessity for and the 3915
advisability of making the repairs or improvements and their 3916
probable cost and to report their conclusions to the court.3917

       Sec. 2109.48.  If on the final hearing of a fiduciary's 3918
petitioncomplaint to borrow money and mortgage real estate3919
property belonging to the trust it appears to be for the best 3920
interests of the trust that the prayer of the petitioncomplaint3921
be granted, the probate court shall fix the amount necessary to be 3922
borrowed, direct what landsreal property shall be encumbered by 3923
mortgage to secure suchthat amount, and issue an order to such3924
the fiduciary directing himthe fiduciary to ascertain and report 3925
to the court the rate of interest and the length of time for which 3926
hethe fiduciary can borrow suchthat amount.3927

       If suchthe report of the fiduciary and the terms proposed 3928
are satisfactory to the court, they may be accepted and confirmed 3929
and the fiduciary ordered, as fiduciary, to execute a note for 3930
suchthe amount to be borrowed and a mortgage on the landsreal 3931
property so designated, which shall be a valid lien thereonon the 3932
property. The fiduciary in no way shall be personally liable for 3933
the payment of any part of the sum borrowed, but suchthe3934
mortgaged landsreal property alone shall be bound thereforfor 3935
its payment. SuchThe court shall direct the distribution of the 3936
fund and the fiduciary shall report to the court, for its 3937
approval, the execution of suchthe notes and mortgage and histhe 3938
fiduciary's distribution of the fund.3939

       Sec. 2109.49.  The probate judge, whenif the probate judge3940
deemsconsiders it necessary or upon the written application of 3941
any party interested in the trust estate, may appoint a suitable 3942
personsperson to investigate the administration of the trust or 3943
estate and report to the court. The expense thereofof the 3944
investigation shall be taxed as costs against the party asking for 3945
suchthe examination or the trust fund, as the court may decree. 3946
This section shall not apply to a corporate trustee whichthat is 3947
subject to section 1111.28 of the Revised Code.3948

       Sec. 2109.50.  Upon complaint made to the probate court of 3949
the county having jurisdiction of the administration of a trustan3950
estate, a testamentary trust, or a guardianship or of the county 3951
whereinwhere a person resides against whom the complaint is made, 3952
by a person interested in such trustthe estate, testamentary 3953
trust, or guardianship or by the creditor of a person interested 3954
in such trustthe estate, testamentary trust, or guardianship3955
against any person suspected of having concealed, embezzled, or 3956
conveyed away or of being or having been in the possession of any 3957
moneys, chattelspersonal property, or choses in action of such3958
the estate, testamentary trust, or guardianship, saidthe court 3959
shall by citation, attachment or warrant, or, if circumstances 3960
require it, by warrant or attachment in the first instance,or 3961
other judicial order compel the person or persons so suspected to3962
forthwith appear before it to be examined, on oath, touching the 3963
matter of the complaint. WhereIf necessary such, the citation, 3964
attachment or warrantor other judicial order may be issued into 3965
any county in the state and shall be served and returned by the 3966
officer to whom it is delivered. The officer to whom suchthe3967
process is delivered shall be liable for negligence in its service 3968
or return in likea similar manner as sheriffs are liable for 3969
negligence in not serving or returning a capias issued upon an 3970
indictment. Before issuing an extra-county citation, attachment or 3971
warrantor other judicial order, the probate judge may require the 3972
complainant to post security with the probate court in suchan3973
amount and in sucha form asthat the probate judge shall find3974
finds acceptable in order to cover the costs of the proceeding 3975
under this section, including in suchthose costs a reasonable 3976
allowance for the travellingtravel expenses of the person or 3977
persons against whom an extra-county citation, attachment or 3978
warrantor other judicial order is to be issued. SuchThe security 3979
may be in the form of a bond, the amount, terms, conditions, and 3980
sureties of which shall be subject to the approval of the probate 3981
judge.3982

       The probate court may initiate proceedings on its own motion.3983

       The probate court shall forthwithpromptly proceed to hear 3984
and determine the matter.3985

       The examinations, including questions and answers, shall be 3986
reduced to writing, signed by the party examined, and filed in the 3987
probate court.3988

       If required by either party, the probate court shall swear 3989
suchthe witnesses as may bewho are offered by either party 3990
touching the matter of suchthe complaint and cause the 3991
examination of every such witness, including questions and 3992
answers, to be reduced to writing, signed by the witness, and 3993
filed in the probate court.3994

       All costs of suchthe proceedings, including the reasonable 3995
travellingtravel expenses of a person against whom an 3996
extra-county citation, attachment or warrantor judicial order is 3997
issued, shall be assessed against and paid by the party making the 3998
complaint, except as provided by section 2109.52 of the Revised 3999
Code.4000

       Sec. 2109.51.  If a person compelled under section 2109.50 of 4001
the Revised Code to appear for examination refuses to answer 4002
interrogatories propounded, the probate court shall commit such4003
the person to the county jail, and suchthe person shall remain in 4004
close custody until hethe person submits to the court's order.4005

       Sec. 2109.52.  When passing on a complaint made under section 4006
2109.50 of the Revised Code, the probate court shall determine, by 4007
the verdict of a jury if either party requires it or without if 4008
not required, whether the person accused is guilty of having 4009
concealed, embezzled, conveyed away, or been in the possession of 4010
moneys, chattelspersonal property, or choses in action of the 4011
trust estate, testamentary trust, or guardianship. If suchthe4012
person is found guilty, the probate court shall assess the amount 4013
of damages to be recovered or the court may order the return of 4014
the specific thing concealed or embezzled or may order restoration 4015
in kind. The probate court may issue a citation or other judicial 4016
order into any county in this state, which citationthat shall be 4017
served and returned as provided in section 2109.50, requiringof 4018
the Revised Code. The citation or other judicial order shall 4019
require any person to appear before it who claims any interest in 4020
the assets alleged to have been concealed, embezzled, conveyed, or 4021
held in possession and at suchto appear before the court. At the4022
hearing, the court may hear and determine questions of title 4023
relating to suchthose assets. In all cases, except when the 4024
person found guilty is the fiduciary, the probate court shall4025
forthwith render judgment in favor of the fiduciary or if there is 4026
no fiduciary in this state, the probate court shall render 4027
judgment in favor of the state, against the person found guilty, 4028
for the amount of the moneys or the value of the chattelspersonal 4029
property or choses in action concealed, embezzled, conveyed away, 4030
or held in possession, together with ten per cent penalty and all 4031
costs of suchthe proceedings or complaint; except that suchthe4032
judgment shall be reduced to the extent of the value of any thing 4033
specifically restored or returned in kind as provided in this 4034
section.4035

       If the person found guilty is the fiduciary, the probate 4036
court shall forthwith render judgment in favor of the state 4037
against himthe fiduciary for suchthe amount of the moneys or the4038
value of the personal property or choses in action concealed, 4039
embezzled, conveyed away, or held in possession, together with 4040
penalty and costs as provided in this section.4041

       Sec. 2109.53.  If a judgment is rendered against a fiduciary 4042
under section 2109.52 of the Revised Code, hethe fiduciary shall 4043
forthwith be removed by the probate court and that part of the 4044
trust not already administered shall be committed to some other 4045
person. If any portion of the estate, testamentary trust, or 4046
guardianship remains to be administered by the probate court at 4047
the time of the removal of the fiduciary, the court shall appoint 4048
a new fiduciary to continue the administrative process. A 4049
fiduciary sothat is removed shall not receive compensation for 4050
acting as fiduciary and mustshall be charged in his account with4051
for the amount of suchthe judgment. SuchThe fiduciary's property 4052
also shall be liable for the satisfaction of the judgment on 4053
execution issued thereonon the judgment by histhe fiduciary's4054
successor.4055

       Sec. 2109.54.  The fiduciary in whose favor a judgment has 4056
been rendered by the probate court under section 2109.52 of the 4057
Revised Code shall forthwith deliver to the clerk of the court of 4058
common pleas a certificate of suchthat judgment in accordance 4059
with section 2329.04 of the Revised Code, which certificate the. 4060
The probate judgecourt shall make outcomplete and deliver the 4061
certificate to suchthe fiduciary on demand. The clerk shall 4062
forthwith issue an execution of the court of common pleas for the 4063
amount of the judgment and the costs that have accrued or that may 4064
accrue thereonon the judgment. Thenceforth proceedings on 4065
execution shall be the same as if the judgment had been rendered 4066
in suchthat court of common pleas.4067

       Sec. 2109.55.  If a judgment is rendered in the name of the 4068
state under section 2109.52 of the Revised Code and there is no 4069
fiduciary within this state, the prosecuting attorney shall cause 4070
the certificate provided for in section 2109.54 of the Revised 4071
Code to be filed in the clerk's office and proceed thereon to 4072
execution on the judgment as provided in suchthat section. Such4073
The prosecuting attorney shall pay the money realized upon such4074
the execution to the county treasurer for the use of such trust4075
the estate, testamentary trust, or guardianship, reserving such4076
the compensation to himself asthe prosecuting attorney that the 4077
probate court allows.4078

       Sec. 2109.56.  All gifts, grants, or conveyances of land, 4079
tenements, hereditamentsreal property, rents, or chattels4080
personal property and all bonds, judgments, or executions made or 4081
obtained with intent to avoid the purpose of the proceedings set 4082
forth in sections 2109.50 to 2109.55, inclusive, of the Revised 4083
Code, or in contemplation of any examination or complaint provided 4084
for by suchthose sections, shall be void.4085

       Sec. 2109.57.  In any action or proceeding pending in a court 4086
of record, if it is made to appear to the court that any person 4087
entitled to all or a part of the proceeds of property sold in such4088
that action or proceeding is unknown or is a nonresident and not 4089
represented in suchthe action or proceeding or that the person 4090
entitled cannot, at the time, definitely be ascertained, the 4091
probate court may appoint a trustee to whom the notes and 4092
mortgages for the unpaid part shall be made, delivered, and paid 4093
and to receive, hold, and manage suchthe proceeds or part thereof4094
of the proceeds. SuchThe trustee shall collect the unpaid part of 4095
the proceeds of the property sold, by action or otherwise, and 4096
shall pay over suchthat fund only on the order of the probate 4097
court appointing himthe trustee.4098

       Payment to suchthe trustee shall be a bar to any claim 4099
thereafter made by any person and the persons or corporations 4100
paying suchthe money in no case shall be required to see to the 4101
application of the money paid.4102

       If a person entitled to any portion of the money held by such4103
the trustee fails for seven or more years after suchthe trustee's 4104
appointment to make claim to the money and to present the proof 4105
necessary to entitle suchthe person to suchthe money, the 4106
prosecuting attorney of the county in which suchthe trustee was 4107
appointed shall collect it, with the interest accrued thereonon 4108
the money, from suchthe trustee and pay it into suchthe county's 4109
treasury, to be placed to the credit of the general fund.4110

       WhenUpon application to the probate court whichthat4111
appointed suchthe trustee is satisfied that aand presentment of 4112
the proof necessary to entitle the person who appears and claims4113
to the moneys paid into the county treasury has a right to receive 4114
them,money, the court shall order the payment of the money to the 4115
person in whole or part, less the costs of collection by the 4116
prosecuting attorney, such court shall order the payment thereof 4117
to the person shown to be entitled to such moneys. Such. The4118
person, on the judge's certificate, shall be given a warrant 4119
thereforfor the money by the county auditor.4120

       Sec. 2109.58.  Each fiduciary as to whom definite provision 4121
is not made in sections 2111.14 and 2115.02 of the Revised Code 4122
shall make and file within three months after histhe fiduciary's4123
appointment a full inventory of the real and personal property 4124
belonging to the trustbe entrusted with the fiduciary, its value, 4125
and the value of the yearly rent of the real property.4126

       Except as provided by section 2115.16 of the Revised Code, 4127
exceptions to the inventory of a fiduciary may be filed at any 4128
time within six months after the return of the inventory by any 4129
person interested in the trustentrusted property or in any of the 4130
property included in the inventory, but the six-month period shall 4131
not apply in case of fraud or concealment of assets. At the 4132
hearing, the fiduciary and any witness may be examined under oath. 4133
The probate court shall enter its finding on the journal and tax 4134
the costs as may be equitable.4135

       Sec. 2109.59.  If a fiduciary, upon demand, refuses or 4136
neglects to pay any creditor whose claim has been allowed by the 4137
fiduciary and not subsequently rejected or to pay any creditor or 4138
make distribution to any person interested in the estate whose 4139
claim or interest has been established by judgment, decree, or 4140
order of court, including an order of distribution, suchthe4141
creditor or other person may file a petition against the fiduciary 4142
in the probate court from which the fiduciary received histhe 4143
fiduciary's appointment to enforce suchthe payment or 4144
distribution, briefly setting forth thereinin the petition the 4145
amount and nature of histhe creditor's or other person's claim or 4146
interest. SuchThe petition shall not be filed against an executor 4147
or administrator until the expiration of the period prescribed in 4148
section 2117.30 of the Revised Code.4149

       When suchthe petition is filed, the probate court shall 4150
issue a citation to the fiduciary setting forth the filing of the 4151
petition and the nature of the claim of the petitioner and 4152
commanding suchthe fiduciary to appear before the court on the 4153
return day thereof to answer and show cause why a judgment should 4154
not be rendered or order entered against himthe fiduciary. Such4155
The citation shall be returnable not less than twenty nor more 4156
than forty days from its date and shall be served and returned by 4157
an officer as in the case of summons. SuchThe citation may issue 4158
to any county in the state.4159

       On the return of the citation, the cause shall be set for 4160
hearing, unless for good cause shown it is continued. The probate 4161
court may hear and determine all questions necessary to ascertain 4162
and fix the amount due from the fiduciary to the petitioner and 4163
render suchthe judgment or make suchthe order asthat may be 4164
proper. If necessary, suchthe court may hear, determine, and 4165
settle the rights and claims of all parties interested in the 4166
subject matter of the petition. For suchthat purpose the probate 4167
court may causeallow all parties in interest to be made parties 4168
to suchthe petition by amended, supplemental, or crosspetition4169
cross-petition. The court shall cause notice to be served on all 4170
suchthe parties in the manner provided in this section for 4171
service of the citation upon the fiduciary.4172

       In any such proceeding under this section, the sureties on 4173
the bond of the fiduciary, if made parties theretoto the 4174
proceeding, may make any defense that the fiduciary could make and 4175
the court may render suchthe judgment or make suchthe order with 4176
respect to the sureties asthat may be proper.4177

       Sec. 2109.60.  When a proceeding set forth in section 2109.59 4178
of the Revised Code is pending in the probate court, suchthe4179
court, on motion of any party theretoor on the court's own 4180
motion, may reserve and send suchtransfer the cause to the court 4181
of common pleas which, and the court of common pleas shall hear, 4182
settle, and determine all issues as provided in suchthat section. 4183
In case of such reservationthe transfer, the probate court shall 4184
prepare a transcript of the proceedings in the cause, so far as it 4185
has progressed, whichthat, with the petition and other papers 4186
thereinin the proceedings, forthwith shall be filed with the 4187
clerk of the court of common pleas.4188

       Sec. 2109.61.  An action may be prosecuted on the bond of a 4189
fiduciary against any one or more of the obligors thereofon the 4190
bond by any person who has been injured by reason of the breach of 4191
any condition of the bond. SuchThe action shall be prosecuted for 4192
the benefit of all persons who are interested in the estate and 4193
who have been similarly injured. Any such person or any obligor on 4194
the bond who is not already a party to the action may intervene 4195
thereinin the action or be made a party theretoto the action by 4196
supplemental, amended, or crosspetitioncross-petition. Notice of 4197
any action or proceeding against the bonded fiduciary shall be 4198
given to the surety.4199

       If a surety on the bond of a fiduciary is not made a party to 4200
an action or proceeding against suchthe fiduciary, the fact that 4201
a judgment was rendered or an order was entered against the 4202
fiduciary shall constitute only prima-facie evidence of the 4203
justice and validity of the claim in an action subsequently 4204
brought against the sureties on the bond of the fiduciary.4205

       Sec. 2109.62.  (A)(1) Upon the filing of a motion by a 4206
trustee with the court that has jurisdiction over the trust, upon 4207
the provision of reasonable notice to all beneficiaries who are 4208
known and in being and who have vested or contingent interests in 4209
the trust, and after holding a hearing, the court may terminate 4210
the trust, in whole or in part, if it determines that all of the 4211
following apply:4212

       (a) It is no longer economically feasible to continue the 4213
trust.4214

       (b) The termination of the trust is for the benefit of the 4215
beneficiaries.4216

       (c) The termination of the trust is equitable and practical.4217

       (d) The current value of the trust is less than one hundred 4218
thousand dollars.4219

       (2) The existence of a spendthrift or similar provision in a 4220
trust instrument or will does not preclude the termination of a 4221
trust pursuant to this section.4222

       (B) If property is to be distributed from an estate being 4223
probated to a trust and the termination of the trust pursuant to 4224
this section does not clearly defeat the intent of the testator, 4225
the probate court has jurisdiction to order the outright 4226
distribution of the property or to make the property custodial 4227
property under sections 5814.01 to 5814.09 of the Revised Code. A 4228
probate court may so order whether the applicationmotion for the 4229
order is made by an inter vivos trustee named in the will of the 4230
decedent or by a testamentary trustee.4231

       (C) Upon the termination of a trust pursuant to this section, 4232
the probate court shall order the distribution of the trust estate 4233
in accordance with any provision specified in the trust instrument 4234
for the premature termination of the trust. If there is no 4235
provision of that nature in the trust instrument, the probate 4236
court shall order the distribution of the trust estate among the 4237
beneficiaries of the trust in accordance with their respective 4238
beneficial interests and in a manner that the court determines to 4239
be equitable. For purposes of ordering the distribution of the 4240
trust estate among the beneficiaries of the trust under this 4241
division, the court shall consider all of the following:4242

       (1) The existence of any agreement among the beneficiaries 4243
with respect to their beneficial interests;4244

       (2) The actuarial values of the separate beneficial interests 4245
of the beneficiaries;4246

       (3) Any expression of preference of the beneficiaries that is 4247
contained in the trust instrument.4248

       Sec. 2111.02.  (A) WhenIf found necessary, the probate court 4249
on its own motion or on application by any interested party shall 4250
appoint, subject to divisions (C) and (D) of this section and to 4251
section 2109.21 and division (B) of section 2111.121 of the 4252
Revised Code, a guardian of the person, the estate, or both, of a 4253
minor or incompetent, provided the person for whom the guardian is 4254
to be appointed is a resident of the county or has a legal 4255
settlement in the county and, except in the case of a minor, has 4256
had the opportunity to have the assistance of counsel in the 4257
proceeding for the appointment of suchthat guardian. An 4258
interested party includes, but is not limited to, a person 4259
nominated in a durable power of attorney as described in division 4260
(D) of section 1337.09 of the Revised Code or in a writing as 4261
described in division (A) of section 2111.121 of the Revised Code.4262

       Except when the guardian of an incompetent is an agency under 4263
contract with the department of developmental disabilities for the 4264
provision of protective services under sections 5123.55 to 5123.59 4265
of the Revised Code, the guardian of an incompetent, by virtue of 4266
suchthe appointment as guardian, shall be the guardian of the 4267
minor children of the guardian's ward, unless the court appoints 4268
some other person as their guardian.4269

       When the primary purpose of the appointment of a guardian is, 4270
or was, the collection, disbursement, or administration of moneys 4271
awarded by the veterans administration to the ward, or assets 4272
derived from suchthose moneys, no court costs shall be charged in 4273
the proceeding for the appointment or in any subsequent 4274
proceedings made in pursuance of the appointment, unless the value 4275
of the estate, including the moneys then due under the veterans 4276
administration award, exceeds one thousand five hundred dollars.4277

       (B)(1) If the probate court finds it to be in the best 4278
interest of an incompetent or minor, it may appoint pursuant to 4279
divisions (A) and (C) of this section, on its own motion or on 4280
application by an interested party, a limited guardian with 4281
specific limited powers. The sections of the Revised Code, rules, 4282
and procedures governing guardianships apply to a limited 4283
guardian, except that the order of appointment and letters of 4284
authority of a limited guardian shall state the reasons for, and 4285
specify the limited powers of, the guardian. The court may appoint 4286
a limited guardian for a definite or indefinite period. An 4287
incompetent or minor for whom a limited guardian has been 4288
appointed retains all of the incompetent's or minor's rights in 4289
all areas not affected by the court order appointing the limited 4290
guardian.4291

       (2) If a guardian appointed pursuant to division (A) of this 4292
section is temporarily or permanently removed or resigns, and if 4293
the welfare of the ward requires immediate action, at any time 4294
after the removal or resignation, the probate court may appoint, 4295
ex parte and with or without notice to the ward or interested 4296
parties, an interim guardian for a maximum period of fifteen days. 4297
If the court appoints the interim guardian ex parte or without 4298
notice to the ward, the court, at its first opportunity, shall 4299
enter upon its journal with specificity the reason for acting ex 4300
parte or without notice, and, as soon as possible, shall serve 4301
upon the ward a copy of the order appointing the interim guardian. 4302
For good cause shown, after notice to the ward and interested 4303
parties and after hearing, the court may extend an interim 4304
guardianship for a specified period, but not to exceed an 4305
additional thirty days.4306

       (3) If a minor or incompetent has not been placed under a 4307
guardianship pursuant to division (A) of this section and if an 4308
emergency exists, and if it is reasonably certain that immediate 4309
action is required to prevent significant injury to the person or 4310
estate of the minor or incompetent, at any time after it receives 4311
notice of the emergency, the court, ex parte, may issue any order 4312
that it considers necessary to prevent injury to the person or 4313
estate of the minor or incompetent, or may appoint an emergency 4314
guardian for a maximum period of seventy-two hours. A written copy 4315
of any order issued by a court under this division shall be served 4316
upon the incompetent or minor as soon as possible after its 4317
issuance. Failure to serve such anthat order after its issuance 4318
or prior to the taking of any action under its authority does not 4319
invalidate the order or the actions taken. The powers of an 4320
emergency guardian shall be specified in the letters of 4321
appointment, and shall be limited to those powers that are 4322
necessary to prevent injury to the person or estate of the minor 4323
or incompetent. If the court acts ex parte or without notice to 4324
the minor or incompetent, the court, at its first opportunity, 4325
shall enter upon its journal a record of the case and, with 4326
specificity, the reason for acting ex parte or without notice. For 4327
good cause shown, after notice to the minor or incompetent and 4328
interested parties, and after hearing, the court may extend an 4329
emergency guardianship for a specified period, but not to exceed 4330
an additional thirty days.4331

       (C) Prior to the appointment of a guardian or limited 4332
guardian under division (A) or (B)(1) of this section, the court 4333
shall conduct a hearing on the matter of the appointment. The 4334
hearing shall be conducted in accordance with all of the 4335
following:4336

       (1) The proposed guardian or limited guardian shall appear at 4337
the hearing and, if appointed, shall swear under oath that the 4338
proposed guardian or limited guardian has made and will continue 4339
to make diligent efforts to file a true inventory in accordance 4340
with section 2111.14 of the Revised Code and find and report all 4341
assets belonging to the estate of the ward and that the proposed 4342
guardian or limited guardian faithfully and completely will 4343
fulfill the other duties of guardian, including the filing of 4344
timely and accurate reports and accountings;.4345

       (2) If the hearing is conducted by a refereemagistrate, the 4346
procedures set forth in Civil Rule 53 shall be followed;.4347

       (3) If the hearing concerns the appointment of a guardian or 4348
limited guardian for an alleged incompetent, the burden of proving 4349
incompetency shall be by clear and convincing evidence;.4350

       (4) Upon request of the applicant, the alleged incompetent 4351
for whom the appointment is sought or the alleged incompetent's 4352
counsel, or any interested party, a recording or record of the 4353
hearing shall be made;.4354

       (5) Evidence of a less restrictive alternative to 4355
guardianship may be introduced, and when introduced, shall be 4356
considered by the court;.4357

       (6) The court may deny a guardianship based upon a finding 4358
that a less restrictive alternative to guardianship exists;.4359

       (7) If the hearing concerns the appointment of a guardian or 4360
limited guardian for an alleged incompetent, the alleged 4361
incompetent has all of the following rights:4362

       (a) The right to be represented by independent counsel of the 4363
alleged incompetent's choice;4364

       (b) The right to have a friend or family member of the 4365
alleged incompetent's choice present;4366

       (c) The right to have evidence of an independent expert 4367
evaluation introduced;4368

       (d) If the alleged incompetent is indigent, upon the alleged 4369
incompetent's request:4370

       (i) The right to have counsel and an independent expert 4371
evaluator appointed at court expense;4372

       (ii) If the guardianship, limited guardianship, or standby 4373
guardianship decision is appealed, the right to have counsel 4374
appointed and necessary transcripts for appeal prepared at court 4375
expense.4376

       (D)(1) WhenIf a person has been nominated to be a guardian 4377
of the estate of a minor in or pursuant to a durable power of 4378
attorney as described in division (D) of section 1337.09 of the 4379
Revised Code or a writing as described in division (A) of section 4380
2111.121 of the Revised Code, the person nominated has preference 4381
in appointment over a person selected by the minor. A person who 4382
has been nominated to be a guardian of the person of a minor in or 4383
pursuant to a durable power of attorney or writing of that nature 4384
does not have preference in appointment over a person selected by 4385
the minor, but the probate court may appoint the person named in 4386
the durable power of attorney or the writing, the person selected 4387
by the minor, or another person as guardian of the person of the 4388
minor.4389

       (2) A person nominated as a guardian of an incompetent adult 4390
child pursuant to section 1337.09 or 2111.121 of the Revised Code 4391
shall have preference in appointment over a person applying to be 4392
guardian if the person nominated is competent, suitable, and 4393
willing to accept the appointment, and if the incompetent adult 4394
child does not have a spouse or an adult child and has not 4395
designated a guardian prior to the court finding the adult child 4396
incompetent.4397

       Sec. 2111.021.  A competent adult who is physically infirm 4398
may petition the probate court of the county in which hethe 4399
petitioner resides, to place, for a definite or indefinite period 4400
of time, histhe petitioner's person, any or all of histhe 4401
petitioner's real or personal property, or both under a 4402
conservatorship with the court. A petitioner either may grant 4403
specific powers to the conservator or court or may limit any 4404
powers granted by law to the conservator or court, except that the 4405
petitioner may not limit the powers granted to the court by this 4406
section and may not limit the requirement for bond as determined 4407
by the court. The petition shall state whether the person of the 4408
competent adult will be placed under the conservatorship, shall 4409
state with particularity all real and personal property that will 4410
be placed under the conservatorship, shall state the powers 4411
granted and any limitation upon the powers of the conservator or 4412
court, and shall state the name of a proposed suitable 4413
conservator.4414

       After a hearing, if the court finds that the petition was 4415
voluntarily filed and that the proposed conservator is suitable, 4416
the court shall issue an order of conservatorship. Upon issuance 4417
of the order, all sections of the Revised Code governing a 4418
guardianship of the person, the estate, or both, whichever is 4419
involved, except those sections the application of which 4420
specifically is limited by the petitioner, and all rules and 4421
procedures governing such a guardianship of the person, the 4422
estate, or both, shall apply to the conservatorship, including, 4423
but not limited to, applicable bond and accounting requirements.4424

       A conservatorship shall terminate upon a judicial 4425
determination of incompetency, the death of the petitioner, the 4426
order of the probate court, or the execution of a written 4427
termination notice by the petitioner. A termination notice shall 4428
take effect upon execution by the petitioner, and shall be filed 4429
with the court and served upon the conservator. A termination 4430
notice executed by a petitioner relative to a conservatorship of 4431
the estate and the termination of a conservatorship of the estate 4432
based upon a termination notice are void unless the termination 4433
notice is filed with the court within fourteen days after its 4434
execution. Modification of the powers of a conservator or the 4435
court may be made by the petitioner upon motion to the court at 4436
any time during the conservatorship. Neither the establishment of 4437
a conservatorship nor the filing of a petition for conservatorship 4438
with the probate court shall be considered as evidence of mental 4439
impairment under section 2111.01 of the Revised Code.4440

       Upon motion to the probate court and a showing of good cause, 4441
the court may make confidential, or remove from confidential 4442
status, any file, record, petition, motion, account, or paper, 4443
except for an index, docket, or journal, that pertains to a 4444
conservatorship and that is in the possession of the court.4445

       Sec. 2111.031.  In connection with an application for the 4446
appointment of a guardian for an alleged incompetent, the court 4447
may appoint physicians and other qualified persons to examine, 4448
investigate, or represent the alleged incompetent, to assist the 4449
court in deciding whether a guardianship is necessary. If the 4450
person is determined to be an incompetent and a guardian is 4451
appointed for himthe person, the costs, fees, or expenses 4452
incurred to so assist the court shall be charged either against 4453
the estate of the person or against the applicant, unless the 4454
court determines, for good cause shown, that the costs, fees, or 4455
expenses are to be recovered from the county, in which case they 4456
shall be charged against the county. If the person is not 4457
determined to be an incompetent or a guardian is not appointed for 4458
himthe person, the costs, fees, or expenses incurred to so assist 4459
the court shall be charged against the applicant, unless the court 4460
determines, for good cause shown, that the costs, fees, or 4461
expenses are to be recovered from the county, in which case they 4462
shall be charged against the county.4463

       A court may require the applicant to make an advance deposit 4464
of an amount that the court determines is necessary to defray the 4465
anticipated costs of examinations of an alleged incompetent and to 4466
cover fees or expenses to be incurred to assist it in deciding 4467
whether a guardianship is necessary.4468

       This section does not affect or apply to the duties of a 4469
probate court investigator under sections 2111.04 and 2111.041 of 4470
the Revised Code.4471

       Sec. 2111.04.  (A) Except for an interim or emergency 4472
guardian appointed under division (B)(2) or (3) of section 2111.02 4473
of the Revised Code, no guardian of the person, the estate, or 4474
both shall be appointed until at least seven days after the 4475
probate court has caused written notice, setting forth the time 4476
and place of the hearing, to be served as follows:4477

       (1) In the appointment of the guardian of a minor, notice 4478
shall be served as follows:4479

       (a) Upon the minor, if over the age of fourteen, by personal 4480
service;4481

       (b) Upon each parent of the minor whose name and address is 4482
known or with reasonable diligence can be ascertained, provided 4483
the parent is free from disability other than minority;4484

       (c) Upon the next of kin of the minor who are known to reside 4485
in this state, if there is no living parent, the name and address 4486
of the parent cannot be ascertained, or the parent is under 4487
disability other than minority;4488

       (d) Upon the person having the custody of the minor.4489

       (2) In the appointment of the guardian of an incompetent, 4490
notice shall be served as follows:4491

       (a)(i) Upon the person for whom appointment is sought by 4492
personal service, by a probate court investigator, or in the 4493
manner provided in division (A)(2)(a)(ii) of this section. The 4494
notice shall be in boldface type and shall inform the alleged 4495
incompetent, in boldface type, of histhe alleged incompetent's4496
rights to be present at the hearing, to contest any application 4497
for the appointment of a guardian for histhe alleged 4498
incompetent's person, estate, or both, and to be represented by an 4499
attorney and of all of the rights set forth in division (C)(7) of 4500
section 2111.02 of the Revised Code.4501

       (ii) If the person for whom appointment is sought is a 4502
resident of, or has a legal settlement in, the county in which the 4503
court has jurisdiction, but is absent from that county, the 4504
probate court may designate, by order, a temporary probate court 4505
investigator, in lieu of a regular probate court investigator 4506
appointed or designated under section 2101.11 of the Revised Code, 4507
to make the personal service of the notice described in division 4508
(A)(2)(a)(i) of this section upon the person for whom appointment 4509
is sought.4510

       (b) Upon the next of kin of the person for whom appointment 4511
is sought who are known to reside in this state.4512

       (B) After service of notice in accordance with division (A) 4513
of this section and for good cause shown, the court may appoint a 4514
guardian prior to the time limitation specified in that division.4515

       (C) Notice may not be waived by the person for whom the 4516
appointment is sought.4517

       (D) From the service of notice until the hearing, no sale, 4518
gift, conveyance, or encumbrance of the property of an alleged 4519
incompetent shall be valid as to persons having notice of the 4520
proceeding.4521

       Sec. 2111.041.  (A) At the time of the service of notice upon 4522
an alleged incompetent, as required by division (A)(2)(a) of 4523
section 2111.04 of the Revised Code, the court shall require a 4524
regular probate court investigator appointed or designated under 4525
section 2101.11 of the Revised Code or appoint a temporary probate 4526
court investigator to investigate the circumstances of the alleged 4527
incompetent, and, to the maximum extent feasible, to communicate 4528
to the alleged incompetent in a language or method of 4529
communication that hethe alleged incompetent can understand, his4530
the alleged incompetent's rights as specified in that division, 4531
and subsequently to file with the court a report that contains all 4532
of the following:4533

       (1) A statement indicating that the notice was served and 4534
describing the extent to which the alleged incompetent's rights to 4535
be present at the hearing, to contest any application for the 4536
appointment of a guardian for histhe alleged incompetent's4537
person, estate, or both, and to be represented by an attorney were 4538
communicated to himthe alleged incompetent in a language or 4539
method of communication understandable to the alleged incompetent;4540

       (2) A brief description, as observed by the investigator, of 4541
the physical and mental condition of the alleged incompetent;4542

       (3) A recommendation regarding the necessity for a 4543
guardianship or a less restrictive alternative;4544

       (4) A recommendation regarding the necessity of appointing 4545
pursuant to section 2111.031 of the Revised Code, an attorney to 4546
represent the alleged incompetent.4547

       (B) The report that is required by division (A) of this 4548
section shall be made a part of the record in the case and shall 4549
be considered by the court prior to establishing any guardianship 4550
for the alleged incompetent.4551

       Sec. 2111.06.  If the powers of the person appointed as 4552
guardian of a minor or incompetent are not limited by the order of 4553
appointment, suchthe person shall be guardian both of the person 4554
and estate of the ward. In every instance the court shall appoint 4555
the same person as guardian of the person and estate of any such4556
the ward, unless in the opinion of the court the interests of the 4557
ward will be promoted by the appointment of different persons as 4558
guardians of the person and of the estate.4559

       A guardian of the person of a minor shall be appointed as to 4560
a minor having neitherno father noror mother, or whose parents 4561
are unsuitable persons to have the custody and tuition of suchthe4562
minor and to provide for the education of the minor as required by 4563
section 3321.01 of the Revised Code, or whose interests, in the 4564
opinion of the court, will be promoted therebyby the appointment 4565
of a guardian. A guardian of the person shall have the custody and 4566
provide for the maintenance of the ward, and if the ward is a 4567
minor, suchthe guardian shall also provide for the education of 4568
suchthe ward as required by section 3321.01 of the Revised Code.4569

       Before exercising its jurisdiction to appoint a guardian of a 4570
minor, the court shall comply with the jurisdictional standards of 4571
sections 3127.01 to 3127.53 of the Revised Code.4572

       Sec. 2111.07.  Each person appointed guardian of the person 4573
and estate of a minor shall have the custody and tuition of his4574
the ward, the obligation to provide for the education of the ward 4575
as required under section 3321.01 of the Revised Code, and the 4576
management of suchthe ward's estate during minority, unless such4577
the guardian is removed or discharged from suchthat trust or the 4578
guardianship terminates from any of the causes specified in 4579
Chapters 2101. to 2131., inclusive, of the Revised Code.4580

       Sec. 2111.09.  Unless expressly appointed or designated to 4581
act both as guardian and executor by a last will in writing, no 4582
person who is or has been an administrator or executor of a last4583
will shall, prior to the approval of histhe person's final 4584
account as such executor or administrator, be appointed a guardian 4585
of the person and estate or of the estate only of a ward who is 4586
interested in the estate administered upon or entitled to an 4587
interest under suchthe will, except that a surviving spouse may 4588
be executor or administrator of the deceased spouse's estate and 4589
also guardian of the person and estate or of the estate only of a 4590
minor child of suchthe surviving spouse, whether or not suchthe4591
minor child is interested in the estate of the deceased spouse. 4592
ButHowever, an executor or an administrator may be appointed a 4593
guardian of the person only of a ward.4594

       Sec. 2111.091.  No attorney who represents any other person 4595
other than himselfand who is appointed as a guardian under this 4596
chapter or under any other provision of the Revised Code shall do 4597
either of the following:4598

       (A) Act as a person with co-responsibility for any 4599
guardianship asset for which the guardian he represents is 4600
responsible;4601

       (B) Be a cosignatory on any financial account related to the 4602
guardianship, including any checking account, savings account, or 4603
other banking or trust account.4604

       Sec. 2111.12.  (A) A minor over the age of fourteen years may 4605
select a guardian who shall be appointed if a suitable person. If 4606
suchthe minor fails to select a suitable person, an appointment 4607
may be made without reference to the minor's wishes. The minor 4608
shall not select one person to be the guardian of the minor's 4609
estate only and another to be the guardian of the person only, 4610
unless the court whichthat appoints the guardian is of the 4611
opinion that the interests of suchthe minor will thereby be 4612
promoted by that selection.4613

       (B) A surviving parent by lasta will in writing may appoint 4614
a guardian for any of the surviving parent's children, whether 4615
born at the time of making the will or afterward, to continue 4616
during the minority of the child or for a less time.4617

       When the father or mother of a minor names a person as 4618
guardian of the estate of suchthe minor in a will, the person 4619
named shall have preference in appointment over the person 4620
selected by suchthe minor. A person named in such athat will as 4621
guardian of the person of suchthe minor shall have no preference 4622
in appointment over the person selected by suchthe minor, but in 4623
suchthat event the probate court may appoint the person named in 4624
the will, the person selected by the minor, or some other person.4625

       Whenever a testamentary guardian is appointed, the 4626
testamentary guardian's duties, powers, and liabilities in all 4627
other respects shall be governed by the law regulating guardians 4628
not appointed by will.4629

       (C) A parent pursuant to a durable power of attorney as 4630
described in division (D) of section 1337.09 or a writing as 4631
described in division (A) of section 2111.121 of the Revised Code 4632
may nominate a person to be a guardian for one or more of the 4633
parent's minor children, whether born at the time of the making of 4634
the petitionnomination or afterward.4635

       Sec. 2111.131.  (A) The probate court may enter an order that 4636
authorizes a person under a duty to pay or deliver money or 4637
personal property to a minor who does not have a guardian of the 4638
person and estate or a guardian of the estate, to perform that 4639
duty in amounts not exceeding five thousand dollars annually, by 4640
paying or delivering the money or property to any of the 4641
following:4642

       (1) The guardian of the person only of the minor;4643

       (2) The minor's natural guardians, if any, as determined 4644
pursuant to section 2111.08 of the Revised Code;4645

       (3) The minor's own selfminor;4646

       (4) Any person who has the care and custody of the minor and 4647
with whom the minor resides, other than a guardian of the person 4648
only or a natural guardian;4649

       (5) A financial institution incident to a deposit in a 4650
federally insured savings account in the sole name of the minor;4651

       (6) A custodian designated by the court in its order, for the 4652
minor under sections 5814.01 to 5814.09 of the Revised Code.4653

       (B) An order entered pursuant to division (A) of this section 4654
authorizes the person or entity specified in it, to receive the 4655
money or personal property on behalf of the minor from the person 4656
under the duty to pay or deliver it, in amounts not exceeding five 4657
thousand dollars annually. Money or personal property so received 4658
by guardians of the person only, natural guardians, and custodians 4659
as described in division (A)(4) of this section may be used by 4660
them only for the support, maintenance, or education of the minor 4661
involved. The order of the court is prima-facie evidence that a 4662
guardian of the person only, a natural guardian, or a custodian as 4663
described in division (A)(4) of this section has the authority to 4664
use the money or personal property received.4665

       (C) A person who pays or delivers moneys or personal property 4666
in accordance with a court order entered pursuant to division (A) 4667
of this section is not responsible for the proper application of 4668
the moneys or property by the recipient.4669

       Sec. 2111.14. (A) In addition to hisa guardian's other 4670
duties, every guardian appointed to take care of the estate of a 4671
ward shall have the following duties:4672

       (A)(1) To make and file within three months after histhe 4673
guardian's appointment a full inventory of the real and personal 4674
property of the ward, its value, and the value of the yearly rent 4675
of the real property, provided that, if the guardian fails to file 4676
the inventory for thirty days after he hashaving been notified of 4677
the expiration of the time by the probate judge, the judge shall 4678
remove himthe guardian and appoint a successor;4679

       (B)(2) To manage the estate for the best interest of the 4680
ward;4681

       (C)(3) To pay all just debts due from the ward out of the 4682
estate in his handsthe possession or under the control of the 4683
guardian, collect all debts due to the ward, compound doubtful 4684
debts, and appear for and defend, or cause to be defended, all 4685
suits against the ward;4686

       (D)(4) To obey all orders and judgments of the courts 4687
touching the guardianship;4688

       (E)(5) To bring suit for the ward when a suit is in the best 4689
interests of the ward;4690

       (F)(6) To settle and adjust, when necessary or desirable, the 4691
assets that hethe guardian may receive in kind from an executor 4692
or administrator to the greatest advantage of the ward. Before a 4693
settlement and adjustment is valid and binding, it shall be 4694
approved by the probate court and the approval shall be entered on 4695
its journal. The guardian also shall have the approval of the 4696
probate court to hold the assets as received from the executor or 4697
administrator or to hold what may be received in the settlement 4698
and adjustment of those assets.4699

       (B) No guardian appointed to take care of the estate of a 4700
ward may open a safety deposit box held in the name of the ward, 4701
until the contents of the box have been audited by an employee of 4702
the county auditor in the presence of the guardian and until a 4703
verified report of the audit has been filed by the auditor with 4704
the probate court, which. The court then shall issue a release to 4705
the guardian permitting the guardian to have access to the safety 4706
deposit box of the ward.4707

       Sec. 2111.141.  The court, by order or rule, may require that 4708
any inventory filed by a guardian pursuant to section 2111.14 of 4709
the Revised Code be supported by evidence that the inventory is a 4710
true and accurate inventory of the estate of the ward of the 4711
guardian, which. The evidence may include, but is not limited to, 4712
prior income tax returns, bank statements, and social security 4713
records of the ward or other documents that are relevant to 4714
determining the accuracy of the inventory. In order to verify the 4715
accuracy of an inventory, the court may order a guardian to 4716
produce any additional evidence that may tend to prove that the 4717
guardian is in possession of or has knowledge of assets that 4718
belong to the estate of histhe ward and that have not been 4719
included in the guardianship inventory, which. The additional4720
evidence may include, but is not limited to, the guardian's income 4721
tax returns and bank statements and any other documents that are 4722
relevant to determining the accuracy of an inventory. The court 4723
may assign court employees or appoint an examiner to verify an 4724
inventory filed by a guardian. Upon appointment, the assigned 4725
court employees or appointed examiner shall conduct an 4726
investigation to verify the accuracy of the inventory filed by the 4727
guardian. Upon order of the court, the assigned court employees or 4728
appointed examiner may subpoena any documents necessary for his4729
the investigation. Upon completion of the investigation, the 4730
assigned court employees or appointed examiner shall file a report 4731
with the court. The court shall hold a hearing on the report with 4732
notice to all interested parties. At the hearing, the guardian 4733
shall have the right to examine and cross-examine any assigned 4734
court employees or appointed examiner who conducted the 4735
investigation and filed the report that is the subject of the 4736
hearing. The court shall charge any costs associated with the 4737
verification of an inventory filed by a guardian against the 4738
estate of the ward, except that, if the court determines that the 4739
guardian wrongfully withheld, or aided in the wrongful 4740
withholding, of assets from the inventory filed by the guardian, 4741
the court shall charge the costs against the guardian.4742

       Sec. 2111.16.  Unless previously authorized by the court, no 4743
voucher that is signed or purports to be signed by the ward shall 4744
be received from or allowed as a credit in the settlement of a 4745
guardian's account which is signed or purports to be signed by his 4746
ward.4747

       Sec. 2111.17.  A guardian may sue in histhe guardian's own 4748
name, describing himself asthe guardian as suing on behalf of the 4749
ward for whom he sues. When histhe guardianship ceases, actions 4750
or proceedings then pending shall not abate, if the right 4751
survives. HisThe guardian's successor as guardian, the executor 4752
or administrator of the ward, or the ward himself, if the 4753
guardianship has terminated other than by the ward's death, shall 4754
be made party to the suit or other proceeding as the case 4755
requires, in the same manner an executor or administrator is made 4756
a party to a similar suit or proceeding whereif the plaintiff 4757
dies during its pendency.4758

       Sec. 2111.181. WhenIf personal injury, damage to tangible 4759
or intangible property, or damage or loss on account of personal 4760
injury or damage to tangible or intangible property is caused to a 4761
minor, who claims to be emancipated, by wrongful act, neglect, or 4762
default whichthat would entitle the minor to maintain an action 4763
and recover damages for the injury, damage, or loss, and whenif4764
any minor who claims to be emancipated is entitled to maintain an 4765
action for damages or any other relief based on any claim, or is 4766
subject to any claim to recover damages or any other relief based 4767
on any claim, the minor, who claims to be emancipated, may file an 4768
application in the probate court in the county where hethe minor4769
then resides, praying for a finding by the court that the minor is 4770
in fact emancipated, and authorizing, approving, and consenting to 4771
the settlement of the claim by the minor without the appointment 4772
of a guardian. Upon hearing on the application, after five days' 4773
written notice of the time and place of the hearing has been given 4774
to each of the living parents of the minor, whose name and address 4775
is known, provided the parent is free from disability other than 4776
minority, or, if there is no living parent, after suchthat notice 4777
to the next of kin of the minor known to reside in the county, the 4778
court may find the minor to be emancipated and, may authorize, 4779
approve, and consent to the settlement of the claim by the minor 4780
without the appointment of a guardian and, may authorize the minor 4781
to receive and receipt for the settlement, and, upon the minor 4782
executing and delivering a full and complete release for the 4783
injuries, damages, losses, or claims, may authorize the delivery 4784
and payment of suchthe moneys to the minor, to a trustee or 4785
guardian of the estate of the minor appointed by the court for the 4786
benefit of the minor, or to a depository authorized to receive 4787
fiduciary funds to hold the moneys payable to the ward when hethe 4788
ward attains majority, or for the benefit of the minor, as the 4789
court may direct.4790

       Upon the finding of the probate court that the minor was, at 4791
the time of the injury, damage, loss, or claim, an emancipated 4792
minor, and provided the notice required by this section has been 4793
given to each living parent, whose name and address is known, then 4794
the release executed by the emancipated minor shall be a full and 4795
complete discharge and release of any claim whichthat either or 4796
both of the parents might have by reason of the personal injury, 4797
damage to tangible or intangible property, damage or loss on 4798
account of personal injury, or damage to tangible or intangible 4799
property, or any other claim of the minor.4800

       Sec. 2111.19.  A guardian, whether appointed by a court in 4801
this state or elsewhere, may complete the contracts of histhe4802
ward for the purchase or sale of real estateproperty or any 4803
authorized contract relating to real estateproperty entered into 4804
by a guardian who has died or been removed. SaidThe appointed4805
guardian shall proceed in the manner provided by sections 2113.48 4806
to 2113.50, inclusive, of the Revised Code.4807

       Sec. 2111.20.  The guardian of the person and estate, or of 4808
the estate only, may sell all or any part of the personal estate4809
property of the ward when suchif the sale is for the interest of 4810
the ward.4811

       Sec. 2111.21.  The guardian of a ward who has or is claimed 4812
to have a right of dower, or a contingent right to it, in lands or 4813
tenementsreal property of which the spouse of suchthe ward was 4814
or is seized as an estate of inheritance, whereif the dower has 4815
not been assigned, may sell, compromise, or adjust suchthe dower 4816
or may release suchthe contingent right of dower in the event the 4817
spouse of suchthe ward desires to mortgage suchthe property upon 4818
suchthe terms as suchthat the guardian deemsconsiders for the 4819
interest of suchthe ward and upon suchthe terms asthat the 4820
probate court of the county in which the guardian was appointed 4821
approves, or if suchthe guardian was appointed to a foreign 4822
state, upon suchthe terms asthat the probate court of the county 4823
whereinin which the landreal property is situated approves. 4824
After suchthe approval, the guardian may execute and deliver all 4825
the necessary deeds, mortgages, releases, and agreements for the 4826
sale, compromise, assignment, or mortgage of suchthe dower or 4827
contingent right to dower. As a basis for computing the value of 4828
an inchoate dower right in any sale, compromise, or adjustment 4829
pursuant to this section, the value of the lands or tenementsreal 4830
property may be considered to be the sale price or, if there is no 4831
sale, the appraised value. SuchThe sale, compromise, adjustment, 4832
or mortgage may be made upon application and entry in the pending 4833
proceedings.4834

       Sec. 2111.22.  When a ward has title to real estateproperty4835
by tax title only, the guardian, by deed of release and quitclaim, 4836
may convey suchthe ward's interest or title to the person 4837
entitled to redeem suchthe real estateproperty, upon receiving 4838
from suchthat person the amount paid for suchthe tax title with 4839
the forfeiture and interest allowed by sections 319.52 and 323.121 4840
of the Revised Code. If the guardian tenders suchthat deed to the 4841
person entitled to redeem suchthe real estateproperty and he4842
the person so entitled refuses to accept and pay for it, hethe 4843
person entitled shall not recover costs in any proceeding 4844
thereafter instituted to redeem suchthe real estateproperty.4845

       Sec. 2111.25.  A guardian, of the person and estate or of the 4846
estate only, without application to the probate court, may lease 4847
the possession or use of any real estateproperty of histhe ward 4848
for a term not exceeding three years, provided suchthe term does 4849
not extend beyond the minority, if the ward is a minor. If the 4850
lease extends beyond the death of the ward or beyond the removal 4851
of the disability of a ward other than a minor, suchthe lease 4852
shall terminate on suchthat death or removal of disability, 4853
unless confirmed by the ward or histhe ward's legal 4854
representatives. In the event of such determination, the tenant 4855
shall have a lien on the premises for any sum expended by himthe 4856
tenant in pursuance of the lease in making improvements for which 4857
compensation was not made in rent or otherwise.4858

       Sec. 2111.26.  A guardian may lease the possession and use of 4859
the real estateproperty of histhe guardian's ward or any part of 4860
it for a term of years, renewable or otherwise, by perpetual 4861
lease, with or without the privilege of purchase, or may lease 4862
upon suchthe terms and for suchthe time asthat the probate 4863
court approves any lands belonging to the ward containing coal, 4864
gypsum, petroleum oil, natural gas, gravel, stone, or any other 4865
mineral substance for the purpose of drilling, mining, or 4866
excavating for and removing any of suchthose substances, or such4867
the guardian may modify or change in any respect any lease 4868
previously made.4869

       SuchThe lease, or modification or change in a lease 4870
previously made, may be made when the guardian of the person and 4871
estate or of the estate only applies to the court by which hethe 4872
guardian was appointed and suchthe court finds that the lease or 4873
modification or change is necessary for the support of the ward or 4874
of histhe ward's family, for the payment of the just debts of the 4875
ward, for the ward's education, if a minor, to secure the 4876
improvement of the real estateproperty of the ward and increase 4877
the rent, to pay any liens or claims against saidthe real estate4878
property, or if suchthe court finds that suchthe real estate4879
property is suffering unavoidable waste, or that in any other 4880
respect it will be for the best interests of the ward or those 4881
persons for whom the ward is required by law to provide.4882

       Sec. 2111.27.  A guardian's application for authority to 4883
lease real estateproperty of a ward shall be by petition setting 4884
forth the following:4885

       (A) The legal capacity of the petitioner;4886

       (B) The name of the ward, the character of histhe ward's4887
disability, and if it is idiocy, imbecility, or lunacy4888
incompetence, whether suchthe disability is curable or not, 4889
temporary, or confirmed, and its duration;4890

       (C) The number, names, ages, and residence of the family of 4891
the ward, including the spouse and those residents of the county 4892
who have the next estate of inheritance from suchthe ward, all of 4893
whom, as well as the ward, mustshall be made defendants;4894

       (D) The indebtedness of the ward, the expense of supporting 4895
and maintaining himthe ward, the expense of educating himthe 4896
ward if hethe ward is a minor, and any other expense of the ward;4897

       (E) The value of all the property and effects of the ward 4898
including the real estateproperty proposed to be leased;4899

       (F) The income of the ward and the net annual value to the 4900
ward of the real estateproperty proposed to be leased;4901

       (G) A description of the real estateproperty proposed to be 4902
leased and the probable amount for which suchthe real estate4903
property can be leased;4904

       (H) A detailed statement of the improvements proposed to be 4905
made to the real estateproperty sought to be leased;4906

       (I) The reasons for the proposed lease and the terms, 4907
covenants, conditions, and stipulations thereofof the proposed 4908
lease, including the time for which it is proposed the real estate4909
property should be leased;4910

       (J) SuchAny other facts necessary to apprise the court fully 4911
of the necessity or benefit to the ward or the estate of the 4912
proposed lease, or suchany other facts asthat may be required by 4913
the court;4914

       (K) A prayer for the proper authority.4915

       Sec. 2111.28.  In an application for authority to lease real 4916
estateproperty of a ward under sections 2111.26 and 2111.27 of 4917
the Revised Code, the guardian may act for two or more wards and 4918
two or more guardians of different wards may unite, whenif all 4919
the wards are jointly or in common interested in the real estate4920
property. WhenIf the same person is guardian of two or more wards 4921
owning lands in common, suchthe wards may be joined as defendants 4922
in the same petition under section 2111.27 of the Revised Code.4923

       The ward's spouse shall be made a defendant to suchthe4924
petition, and if the proposed lease is for the purpose of mining 4925
or removing mineral or other substances, and if suchthe spouse 4926
files an answer consenting to the lease, free and discharged of 4927
all right and expectancy of dower therein, suchthe answer shall 4928
be a full release of suchthe spouse's expectancy of dower when 4929
the lease is confirmed. Unless in suchthe answer an allowance in 4930
lieu of dower is waived, the court shall allow, out of the 4931
proceeds of the lease, sucha sum in money asthat is the just and 4932
reasonable value of suchthe expectancy of dower.4933

       Sec. 2111.29.  When a guardian files an application for 4934
authority to lease the real estateproperty of a ward, the same 4935
rules shall apply as to the parties and, upon the filing of the 4936
petition described in section 2111.27 of the Revised Code, like4937
similar proceedings shall be had as in an action to sell real 4938
estateproperty belonging to the ward under sections 2127.01 to 4939
2127.43, inclusive, of the Revised Code, including services of 4940
summons, notice, appraisal, pleading, rule days, and proof.4941

       Sec. 2111.30.  When a guardian applies for authority to lease 4942
the real estateproperty of a ward, the duties of the appraisers 4943
shall be the same as in proceedings to sell real estateproperty4944
belonging to the ward under sections 2127.22 and 2127.23 of the 4945
Revised Code, except that they shall appraise not only the value 4946
of the real estateproperty but also the value of the annual 4947
rental upon the terms, covenants, conditions, and stipulations of 4948
the proposed lease. If saidthe proposed lease is for the mining 4949
or removal of mineral or other substances, the appraisers shall 4950
report in writing to the probate court their opinion as to the 4951
probability of the lands containing suchthose substances, the 4952
probable quantity of suchthe substances, and the terms upon which 4953
it would be advantageous to the ward to lease the lands for mining 4954
or removing suchthe substances. In their report the appraisers 4955
shall state whether in their opinion, the proposed lease will be 4956
for the best interests of the ward, those whom hethe ward is 4957
required by law to support, or the estate. They may also suggest 4958
any change in the terms, covenants, and stipulations proposed in 4959
the petition. The report of the appraisers shall be returned on or 4960
before the day named in the order for the final hearing of the 4961
case. On the return of the appraisement, the guardian need not 4962
give an additional bond, but in case of sale under the terms of 4963
the lease, suchthe guardian mustshall give suchthe additional4964
bond before the confirmation of the sale.4965

       Sec. 2111.31.  If the report of the appraisers under section 4966
2111.30 of the Revised Code is favorable to the lease and on the 4967
final hearing the court is of the opinion that it will be to the 4968
advantage of the ward, those whom hethe ward is required by law 4969
to support, or the estate to lease the real estateproperty, the 4970
probate court shall make an order authorizing the lease to be made 4971
by public or private letting, as it deemsconsiders best, on such4972
the terms, covenants, conditions, and stipulations, either in 4973
accordance with those set forth in the petition or otherwise, as4974
that it directs, provided suchthe terms, covenants, conditions, 4975
and stipulations are not less favorable to the ward than those 4976
reported by the appraisers. The lease shall not take effect until 4977
suchthe lease and the security, if any, therein prescribed in the 4978
lease are approved and confirmed.4979

       In theThe lease made in pursuance of suchpursuant to the 4980
court order it may be providedprovide that the improvements shall 4981
be made by the tenant as part of the rent, or by the guardian, 4982
either out of the rent or other means of the ward as the court 4983
directs.4984

       If the lease is for the mining or removal of mineral or other 4985
substances and the guardian is unable to lease the lands upon the 4986
terms ordered, hethe guardian may report the fact to the court 4987
and suchthe court may change the terms of leasing, but not below 4988
the customary royalty in the vicinity of suchthe lands.4989

       Sec. 2111.33. (A) A guardian may use the moneys and personal 4990
estateproperty of histhe guardian's ward to improve histhe4991
ward's real estateproperty. SuchThe guardian shall file in the 4992
probate court in which hethe guardian was appointed a petition 4993
containing the following:4994

       (A)(1) A description of the premises to be improved;4995

       (B)(2) The amount of rent the premises yield at the time the 4996
petition is filed;4997

       (C)(3) In what manner itthe improvement is proposed to make 4998
such improvementbe made;4999

       (D)(4) The proposed expenditures for suchthe improvement;5000

       (E) What(5) The rent the premises will probably yield when 5001
so improved;5002

       (F)(6) A statement of the value of the ward's personal estate5003
property;5004

       (G)(7) Other facts whichthat are pertinent to the question 5005
whether the improvement should be made;5006

       (H)(8) A prayer that suchthe guardian be authorized to use 5007
so much of histhe ward's money and personal estate asproperty 5008
that is necessary to make suchthe improvement;5009

       (I)(9) The character of the disability of the ward, and if it 5010
is incompetency, whether suchthe disability is curable or not, 5011
temporary, or confirmed, and its duration;5012

       (J)(10) The names, ages, and residence of the family of the 5013
ward, including the spouse and those known to be residents of the 5014
county who have the next estate of inheritance from the ward. All 5015
suchof those persons, as well as the ward, mustshall be made 5016
defendants and notified of the pendency and prayer of the petition 5017
in suchthe manner asthat the court directs.5018

       (B) If the property is so situated that, to the best 5019
interests of the ward's estate, it can be advantageously improved 5020
in connection with the improvement of property adjacent to it, the 5021
petition shall show this and have a prayer in accordance therewith5022
to so improve the property.5023

       Sec. 2111.34.  Upon the filing of the petition described in 5024
section 2111.33 of the Revised Code, likesimilar proceedings 5025
shall be had as to pleadings and proof as on petition by a 5026
guardian to sell the real estateproperty of a ward under sections 5027
2127.01 to 2127.43, inclusive, of the Revised Code. The probate 5028
court shall appoint three disinterested freeholders of the county 5029
as commissioners to examine the premises to be improved, to 5030
examine the surroundings, and to report to the court their opinion 5031
whether the improvement proposed will be advantageous to the 5032
estate of the ward.5033

       Sec. 2111.35.  On the final hearing of a guardian's 5034
proceeding to improve the real estateproperty of histhe 5035
guardian's ward, if the prayer of the petition is granted, the 5036
probate court shall fix the amount of money and personal estate5037
property that may be used in making suchthe improvement. SuchThe5038
court may authorize suchthe guardian to unite with the owners of 5039
adjacent property, upon such equitable terms and conditions as5040
that the court approves, for the improvement of the premises of 5041
histhe ward and for the proper management and repair of the 5042
property when so improved.5043

       Sec. 2111.36.  A guardian shall distinctly report to the 5044
probate court the amount of money and personal property expended 5045
in making an improvement to the ward's real property under section 5046
2111.35 of the Revised Code, within forty days after the 5047
improvement is completed. If the ward dies before the removal of 5048
the disability and there are heirs who inherit real property only 5049
from himthe ward, the money expended shall descend and pass in5050
the same manner as histhe ward's other personal property and 5051
shall be a charge on the premises improved in favor of the heirs 5052
who inherit the personal property.5053

       Sec. 2111.37. WhenIf a nonresident minor, incompetent, or 5054
person confined in a state, charitable, or correctional 5055
institution has real estate, chattels,property or rights, 5056
credits, or moneys, or other personal property in this state, the 5057
probate court of the county in which the property or a part of it 5058
is situated may appoint a resident guardian of the ward to manage, 5059
collect, lease, and take care of the ward's property. The 5060
appointment may be made whether or not a ward has a guardian, 5061
trustee, or other conservator in the state of the ward's 5062
residence, and, if the ward has a guardian, trustee, or other 5063
conservator in the state of the ward's residence, the control and 5064
authority of the resident guardian appointed in Ohiothis state5065
shall be superior as to all property of the ward in Ohiothis 5066
state.5067

       The first appointment of a resident guardian of a nonresident 5068
ward shall extend to all the property and effects of the ward in 5069
this state and exclude the jurisdiction of the probate court of 5070
any other county.5071

       Sec. 2111.38.  The resident guardian of a nonresident ward 5072
shall give bond and be bound and controlled by all the statutes of 5073
Ohiothis state as though hethe resident guardian were a guardian 5074
of a ward resident in this state, and shall have all of the 5075
authority of a guardian of a resident ward including the authority 5076
to lease or sell real estateproperty belonging to the ward.5077

       Unless removed by the probate court, a resident guardian of a 5078
nonresident minor shall hold histhat appointment until suchthe5079
minor dies or arrives at the age of majority, whether or not such5080
the minor is over fourteen years of age at the time of 5081
appointment. A resident guardian of any other nonresident ward 5082
shall hold histhat appointment until the death of the ward or 5083
until the court is satisfied that the necessity for the 5084
guardianship no longer exists.5085

       All moneys due to suchthe nonresident ward while suchthe5086
resident guardianship continues shall be paid over to histhe 5087
ward's foreign guardian so far as necessary or proper for the 5088
ward's support and maintenance. If the ward dies, suchthe moneys 5089
shall be paid to histhe ward's ancillary administrator or other 5090
legal representative, provided that the court whichthat appointed 5091
suchthe resident guardian has satisfactory proof, as provided by 5092
section 2111.39 of the Revised Code, of the authority of suchthe5093
foreign guardian, administrator, or other legal representative to 5094
receive the moneys or estatesproperties of suchthe nonresident 5095
ward, that the security given by suchthe foreign guardian, 5096
administrator, or other legal representative is sufficient to 5097
protect suchthe ward's interest or estate, and provided suchthat 5098
the court deemsconsiders it best for himthe ward or histhe 5099
ward's estate.5100

       Sec. 2111.39.  When a foreign legal representative of a 5101
nonresident ward applies to have all or any of the moneys or 5102
property in the handspossession or under the control of the 5103
resident guardian of suchthe ward paid or delivered to himthe 5104
foreign representative, he mustthe foreign representative shall5105
file hisa petition or motion in the probate court by which such5106
the resident guardian was appointed. SuchThe resident guardian 5107
mustshall be given thirty days' notice of the time of hearing 5108
thereonon the petition or motion, and suchthe foreign 5109
representative mustshall produce an exemplification under the 5110
seal of the office, if there beis a seal, of the proper court of 5111
the state of histhe foreign representative's residence containing 5112
all the entries on record in relation to histhe foreign 5113
representative's appointment and qualification, authenticated as 5114
required by the act of congress in suchthose cases. Upon the 5115
hearing thereof, the court shall make suchan order asthat it 5116
deemsconsiders for the best interests of suchthe nonresident 5117
ward or histhe nonresident ward's estate.5118

       Sec. 2111.40. WhenIf a nonresident ward for whom a resident 5119
guardian was appointed has become a resident since the appointment 5120
and a guardian has been appointed for suchthe ward, the probate 5121
court shall remove the resident guardian previously appointed and 5122
require an immediate settlement of histhe account of the resident 5123
guardian previously appointed.5124

       Sec. 2111.41. WhenIf a ward for whom a guardian has been 5125
appointed in this state removes to another state or territory, and 5126
a guardian of the ward is there appointed, the guardian in this 5127
state may be removed and required to settle histhat guardian's5128
account.5129

       Such aThat removal of the guardian in this state shall not 5130
be made unless the guardian appointed in another state or 5131
territory applies to the probate court in this state that made the 5132
former appointment, and files an exemplification from the record 5133
of the court making the foreign appointment containing all the 5134
entries and proceedings relating to histhe foreign guardian's5135
appointment, hisand giving bond, with a copy thereof,of the bond5136
and of the letters of guardianship, all authenticated as required 5137
by the act of congress. Before such anthe application is heard or 5138
action taken by the court, at least thirty days' written notice 5139
shall be served on the guardian appointed in this state specifying 5140
the object of the application, and the time it is to be heard.5141

       No such removal of a guardian under this section shall be 5142
made in favor of a foreign guardian, unless at the time of the 5143
hearing the state or territory in which hethe foreign guardian5144
was appointed has a similar provision as to wards removing from 5145
that state or territory. The court shall grant the application 5146
unless it makes an affirmative finding that the removal of the 5147
guardian appointed in this state would not be in the interest of 5148
the ward.5149

       If on such athe hearing the court removes the guardian, it 5150
shall make all suitable orders for discharging the guardian and 5151
shall deliver to the foreign guardian all moneys and other 5152
property in the handspossession or under the control of the 5153
resident guardian after histhe resident guardian's settlement.5154

       Sec. 2111.44.  Applications for the sale of real estate5155
property by guardians of wards who live out of this state shall be 5156
made in the county in which the land is situated. If suchthe real 5157
estateproperty is situated in two or more counties, suchthe5158
application shall be made in one of the counties in which a part 5159
of it is situated. Additional security, whichthat may be approved 5160
by the probate court of the county in which the application is 5161
made, shall be required from suchthe guardian when deemedif 5162
considered necessary.5163

       Sec. 2111.46.  When a guardian has been appointed for a minor 5164
before suchthe minor is over fourteen years of age, suchthe5165
guardian's power shall continue until the ward arrives at the age 5166
of majority, unless removed for good cause or unless suchthe ward 5167
selects another suitable guardian. After suchthe selection is 5168
made and approved by the probate court and the person selected is 5169
appointed and qualified, the powers of the former guardian shall 5170
cease. Thereupon hisThe former guardian's final account as 5171
guardian shall then be filed and settled in court.5172

       Upon the termination of a guardianship of the person, estate, 5173
or both of a minor before suchthe minor reaches eighteen years of 5174
age, if a successor guardian is not appointed and if the court 5175
finds that suchthe minor is without proper care, the court shall 5176
certify a copy of its finding together with as much of the record 5177
and suchany further information asthat the court deemsconsiders5178
necessary, or as the juvenile court may request, to the juvenile 5179
court for further proceedings and thereupon such. Upon that 5180
certification, the juvenile court shall have exclusive 5181
jurisdiction respecting such childthe minor.5182

       Sec. 2111.48.  All sales, leases, encumbrances, or liens made 5183
or created on any real estateproperty located in Ohiothis state5184
by guardians for persons who are incompetent by reason of advanced 5185
age or mental or physical disability since August 17, 1919, by 5186
order of any court of this state shall not be declared invalid for 5187
the reason that suchthe guardians for the incompetents were not 5188
vested with all the statutory powers given to guardians of idiots, 5189
imbeciles, and lunaticsincompetents. SuchThose acts of guardians 5190
for incompetents are legal and effective.5191

       Sec. 2111.50.  (A)(1) At all times, the probate court is the 5192
superior guardian of wards who are subject to its jurisdiction, 5193
and all guardians who are subject to the jurisdiction of the court 5194
shall obey all orders of the court that concern their wards or 5195
guardianships.5196

       (2)(a) Subject to divisions (A)(2)(b) and (c) of this 5197
section, the control of a guardian over the person, the estate, or 5198
both of histhe guardian's ward is limited to the authority that 5199
is granted to the guardian by the Revised Code, relevant decisions 5200
of the courts of this state, and orders or rules of the probate 5201
court.5202

       (b) Except for the powers specified in division (E) of this 5203
section and unless otherwise provided in or inconsistent with 5204
another section of the Revised Code, the probate court may confer 5205
upon a guardian any power that this section grants to the probate 5206
court in connection with wards.5207

       (c) For good cause shown, the probate court may limit or 5208
deny, by order or rule, any power that is granted to a guardian by 5209
a section of the Revised Code or relevant decisions of the courts 5210
of this state.5211

       (B) In connection with any person whom the probate court has 5212
found to be an incompetent or a minor subject to guardianship and 5213
for whom the court has appointed a guardian, the court has, 5214
subject to divisions (C) to (E) of this section, all the powers 5215
that relate to the person and estate of the personward and that5216
hethe ward could exercise if present and not a minor or under a 5217
disability, except the power to make or revoke a will. These 5218
powers include, but are not limited to, the power to do any of the 5219
following:5220

       (1) Convey or release the present, contingent, or expectant 5221
interests in real or personal property of the personward, 5222
including, but not limited to, dower and any right of survivorship 5223
incident to a survivorship tenancy, joint tenancy, or tenancy by 5224
the entireties;5225

       (2) Exercise or release powers as a trustee, personal 5226
representative, custodian for a minor, guardian, or donee of a 5227
power of appointment;5228

       (3) Enter into contracts, or create revocable trusts of 5229
property of the estate of the personward, that may not extend 5230
beyond the minority, disability, or life of the person or ward;5231

       (4) Exercise options to purchase securities or other 5232
property;5233

       (5) Exercise rights to elect options under annuities and 5234
insurance policies, and to surrender an annuity or insurance 5235
policy for its cash value;5236

       (6) Exercise the right to an elective share in the estate of 5237
the deceased spouse of the personward pursuant to section 2107.455238
2106.08 of the Revised Code;5239

       (7) Make gifts, in trust or otherwise, to relatives of the5240
personward and, consistent with any prior pattern of the person5241
ward of giving to charities or of providing support for friends, 5242
to charities and friends of the personward.5243

       (C) Except for the powers specified in division (D) of this 5244
section, all powers of the probate court that are specified in 5245
this chapter and that relate either to any person whom it has 5246
found to be an incompetent or a minor subject to guardianship and 5247
for whom it has appointed a guardian and all powers of a guardian 5248
that relate to histhe guardian's ward or guardianship as 5249
described in division (A)(2) of this section, shall be exercised 5250
in the best interest, as determined in the court's or guardian's 5251
judgment, of the following:5252

       (1) The personward whom the probate court has found to be an 5253
incompetent or a minor subject to guardianship;5254

       (2) The dependents of the personward;5255

       (3) The members of the household of the personward.5256

       (D) If the court is to exercise or direct the exercise, 5257
pursuant to division (B) of this section, of the power to make 5258
gifts in trust or otherwise, the following conditions shall apply:5259

       (1) The exercise of the particular power shall not impair the 5260
financial ability of the estate of the personward whom the 5261
probate court has found to be an incompetent or a minor subject to 5262
guardianship and for whom the court has appointed a guardian, to 5263
provide for histhe ward's foreseeable needs for maintenance and 5264
care;5265

       (2) If applicable, the court shall consider any of the 5266
following:5267

       (a) The estate, income, and other tax advantages of the 5268
exercise of a particular power to the estate of a personward whom 5269
the probate court has found to be an incompetent or a minor 5270
subject to guardianship and for whom the court has appointed a 5271
guardian;5272

       (b) Any pattern of giving of, or any pattern of support 5273
provided by, the personward prior to histhe ward's incompetence;5274

       (c) The disposition of property made by the ward's will of 5275
the person;5276

       (d) If there is no knowledge of a will of the personward,5277
histhe ward's prospective heirs;5278

       (e) Any relevant and trustworthy statements of the person5279
ward, whether established by hearsay or other evidence.5280

       (E)(1) The probate court shall cause notice as described in 5281
division (E)(2) of this section to be given and a hearing to be 5282
conducted prior to its exercise or direction of the exercise of 5283
any of the following powers pursuant to division (B) of this 5284
section:5285

       (a) The exercise or release of powers as a donee of a power 5286
of appointment;5287

       (b) Unless the amount of the gift is no more than one 5288
thousand dollars, the making of a gift, in trust or otherwise.5289

       (2) The notice required by division (E)(1) of this section 5290
shall be given to the following persons:5291

       (a) Unless a guardian of a ward has applied for the exercise 5292
of a power specified in division (E)(1) of this section, to the 5293
guardian;5294

       (b) To the personward whom the probate court has found to be 5295
an incompetent or a minor subject to guardianship;5296

       (c) If known, to a guardian who applied for the exercise of a 5297
power specified in division (E)(1) of this section, to the 5298
prospective heirs of the personward whom the probate court has 5299
found to be an incompetent or a minor subject to guardianship 5300
under section 2105.06 of the Revised Code, and any person who has 5301
a legal interest in property that may be divested or limited as 5302
the result of the exercise of a power specified in division (E)(1) 5303
of this section;5304

       (d) To any other persons the court orders.5305

       (F) When considering any question related to, and issuing 5306
orders for, medical or surgical care or treatment of incompetents 5307
or minors subject to guardianship, the probate court has full 5308
parens patriae powers unless otherwise provided by a section of 5309
the Revised Code.5310

       Sec. 2113.01.  Upon the death of a resident of this state who 5311
dies intestate, letters of administration of histhe decedent's5312
estate shall be granted by the probate court of the county in 5313
which hethe decedent was a resident at the time he diedof death.5314

       If the will of any person is admitted to probate in this 5315
state, letters testamentary or of administration shall be granted 5316
by the probate court in which suchthe will was admitted to 5317
probate.5318

       Sec. 2113.03.  (A) Subject to division (D)(I) of this 5319
section, an estate may be released from administration under 5320
division (B) of this section if either of the following applies:5321

       (1) The value of the assets of the estate is thirty-five 5322
thousand dollars or less.5323

       (2) The value of the assets of the estate is one hundred 5324
thousand dollars or less and either of the following applies:5325

       (a) The decedent devised and bequeathed in a valid will all 5326
of the assets of the decedent's estate to a person who is named in 5327
the will as the decedent's spouse, and the decedent is survived by 5328
that person.5329

       (b) The decedent is survived by a spouse whose marriage to 5330
the decedent was solemnized in a manner consistent with Chapter 5331
3101. of the Revised Code or with a similar law of another state 5332
or nation, the decedent died without a valid will, and the 5333
decedent's surviving spouse is entitled to receive all of the 5334
assets of the decedent's estate under section 2105.06 of the 5335
Revised Code or by the operation of that section and division 5336
(B)(1) or (2) of section 2106.13 of the Revised Code.5337

       (B) Upon the application of any interested party, after 5338
notice of the filing of the application has been given to the 5339
surviving spouse and heirs at law in the manner and for the length 5340
of time the probate court directs, and after notice to all 5341
interested parties by publication in a newspaper of general 5342
circulation in the county, unless the notices are waived or found 5343
unnecessary, the court, when satisfied that division (A)(1) or (2) 5344
of this section is satisfied, may enter an order relieving the 5345
estate from administration and directing delivery of personal 5346
property and transfer of real estateproperty to the persons 5347
entitled to the personal property or real estateproperty.5348

       (C) For the purposes of this section, the value of an estate 5349
that reasonably can be considered to be in an amount specified in 5350
division (A)(1) or (2) of this section and that is not composed 5351
entirely of money, stocks, bonds, or other property the value of 5352
which is readily ascertainable, shall be determined by an 5353
appraiser selected by the applicant, subject to the approval of 5354
the court. The appraiser's valuation of the property shall be 5355
reported to the court in the application to relieve the estate 5356
from administration. The appraiser shall be paid in accordance 5357
with section 2115.06 of the Revised Code.5358

       (D) For the purposes of this section, the amount of property 5359
to be delivered or transferred to the surviving spouse, minor 5360
children, or both, of the decedent as the allowance for support 5361
shall be established in accordance with section 2106.13 of the 5362
Revised Code.5363

       When a delivery, sale, or transfer of personal property has 5364
been ordered from an estate that has been relieved from 5365
administration, the(E) The court may appoint a commissioner to 5366
execute all necessary instruments of conveyance, including the 5367
instruments of conveyance and other documents required for the 5368
transfer of title upon the sale of real property pursuant to 5369
section 2127.011 of the Revised Code. The commissioner shall 5370
receipt for the property, distribute the proceeds of the 5371
conveyance upon court order, and report to the court after5372
distributionthe delivery, sale, or transfer of personal or real 5373
property from an estate that has been relieved from 5374
administration.5375

       When(F) If the decedent died testate, the will shall be 5376
presented for probate, and, if admitted to probate, the court may 5377
relieve the estate from administration and order distribution of 5378
the estate under the will.5379

       (G) An order of the court relieving an estate from 5380
administration shall have the same effect as administration 5381
proceedings in freeing landreal property in the handspossession 5382
or under the control of an innocent purchaser for value from 5383
possible claims of unsecured creditors.5384

       (C)(H) Any delivery of personal property or transfer of real5385
estateproperty pursuant to an order relieving an estate from 5386
administration is made subject to the limitations pertaining to 5387
the claims of creditors set forth in divisions (B) and (C) of 5388
section 2117.06 of the Revised Code.5389

       (D)(I) The release of an estate from administration under 5390
this section does not affect any duty of any person to file an 5391
estate tax return and certificate under division (A) of section 5392
5731.21 of the Revised Code and does not affect the duties of a 5393
probate court set forth in that division.5394

       (E)(J) This section does not affect the ability of qualified 5395
persons to file an application for a summary release from 5396
administration under section 2113.031 of the Revised Code or to 5397
file an application for the grant of letters testamentary or 5398
letters of administration.5399

       Sec. 2113.04. (A) Any employer, including the state or a 5400
political subdivision, at any time after the death of his or its5401
an employee, may pay all wages or personal earnings due to the 5402
deceased employee to: (A) the surviving spouse; (B) any one or 5403
more of the children eighteen years of age or older; or (C) the 5404
father or mother of the deceased employeethe following, 5405
preference being given in the order named, without requiring 5406
letters testamentary or letters of administration to be issued 5407
upon the estate of the deceased employee, and without requiring an 5408
Ohio estate tax release whereif the wages or personal earnings do 5409
not exceed twofive thousand five hundred dollars. The:5410

        (1) The surviving spouse;5411

        (2) Any one or more of the children eighteen years of age or 5412
older;5413

        (3) The father or mother of the deceased employee.5414

       (B) The payment of wages or personal earnings under division 5415
(A) of this section is a full discharge and release to the 5416
employer from any claim for the wages or personal earnings. If 5417
letters testamentary or letters of administration are thereafter 5418
issued upon the estate of the deceased employee, any person 5419
receiving payment of wages or personal earnings under this section5420
that division is liable to the executor or administrator for the 5421
sum received by himthe person.5422

       Sec. 2113.05.  When a will is approved and allowed, the 5423
probate court shall issue letters testamentary to the executor 5424
named in the will or to the executor nominated by holders of a 5425
power as described in section 2107.65 of the Revised Code, or to 5426
the executor named in the will and to a coexecutor nominated by 5427
holders of such athat power, if hethe executor or coexecutor is 5428
suitable, competent, accepts the appointment, and gives bond if 5429
that is required.5430

       If no executor is named in a will and no power as described 5431
in section 2107.65 of the Revised Code is conferred in the will, 5432
or if the executor named in a will or nominated pursuant to such a5433
that power dies, fails to accept the appointment, resigns, or is 5434
otherwise disqualified and the holders of such athe power do not 5435
have authority to nominate another executor or no suchthe power 5436
is not conferred in the will, or if such athe power is conferred 5437
in a will but the power cannot be exercised because of the death 5438
of a holder of the power, letters of administration with the will 5439
annexed shall be granted to a suitable person or persons, named as 5440
devisees or legatees in the will, who would have been entitled to 5441
administer the estate if the decedent had died intestate, unless 5442
the will indicates an intention that the person or persons shall 5443
not be granted letters of administration. Otherwise, the court 5444
shall grant letters of administration with the will annexed to 5445
some other suitable person.5446

       Sec. 2113.06. (A) Administration of the estate of an 5447
intestate shall be granted to persons mentioned in this section5448
division, in the following order:5449

       (A)(1) To the surviving spouse of the deceased, if resident 5450
of the state;5451

       (B)(2) To one of the next of kin of the deceased, resident of 5452
the state.5453

       (B) If the persons entitled to administer the estate under 5454
division (A) of this section fail to take or renounce 5455
administration voluntarily, they shall be cited by the probate 5456
court for that purposethe matter shall be set for hearing and 5457
notice given to the persons.5458

       (C) If there are no persons entitled to administration, or if 5459
they are for any reason unsuitable for the discharge of the trust, 5460
or if without sufficient cause they neglect to apply within a 5461
reasonable time for the administration of the estate, their right 5462
to priority shall be lost, and the court shall commit the 5463
administration to some suitable person who is a resident of the 5464
state, or to the attorney general or the attorney general's 5465
designee, if the department of job and family services is seeking 5466
to recover medical assistance from the deceased pursuant to 5467
section 5111.11 or 5111.111 of the Revised Code. SuchThe person 5468
granted administration may be a creditor of the estate.5469

       (D) This section applies to the appointment of an 5470
administrator de bonis non.5471

       Sec. 2113.07.  Before being appointed executor or 5472
administrator, every person shall make and file an application 5473
that shall contain the names of the surviving spouse and all the 5474
next of kin of the deceased known to the applicant, their 5475
post-office addresses of usual residence if known, a statement in 5476
general terms as toof what the estate consists of and its 5477
probable value, and a statement of any indebtedness the deceased 5478
had against the applicant.5479

       The application may be accompanied by a waiver signed by the 5480
persons who have priority to administer the estate, and, in the 5481
absence of a waiver, those persons shall be cited by the probate 5482
courtserved notice for the purpose of ascertaining whether they 5483
desire to take or renounce administration. Minors who would have 5484
been entitled to priority to administer the estate except for 5485
their minority also shall be served notice pursuant to the Rules 5486
of Civil Procedure.5487

       Letters of administration shall not be issued upon the estate 5488
of an intestate until the person to be appointed has made and 5489
filed a statement indicating that there is not to histhe person 5490
has no knowledge of a last will and testament of the intestate.5491

       Sec. 2113.12.  If a person named as executor in the will of a 5492
decedent, or nominated as an executor by holders of a power as 5493
described in section 2107.65 of the Revised Code, refuses to 5494
accept the trust, or, if after being citedserved notice for that 5495
purpose, neglects to appear and accept, or if hethe person named 5496
or nominated as executor neglects for twenty days after the 5497
probate of the will to give any required bond, the probate court 5498
shall grant letters testamentary to the other executor, if there 5499
is one capable and willing to accept the trust, and if there is no 5500
such other executor named in the will or nominated by holders of a 5501
power as described in section 2107.65 of the Revised Code, the 5502
court shall commit administration of the estate, with the will 5503
annexed, to some suitable and competent person, pursuant to 5504
section 2113.05 of the Revised Code.5505

       Sec. 2113.13.  When a person appointednominated as executor 5506
is under the age of eighteen years at the time of proving5507
admitting the will to probate, administration may be granted with 5508
the will annexed during histhe nominee's minority, unless there 5509
is another executor who will accept the trust. If there is such an5510
that other executor, the estate shall be administered by himthat 5511
executor until the minor arrives at full age when suchthe former 5512
minor may be admitted as executor with him upon giving bond as 5513
provided in section 2109.04 of the Revised Code.5514

       Sec. 2113.14.  The executor of an executor has no authority, 5515
as such, to administer the estate of the first testator. On the 5516
death of the sole or surviving executor of a last will, 5517
administration of that part of the estate of the first testator 5518
not already administered may be granted, with the will annexed, to 5519
suchthe person asthat the probate court appoints.5520

       Sec. 2113.15.  When there is delay in granting letters 5521
testamentary or of administration, the probate court may appoint a 5522
special administrator to collect and preserve the effects of the 5523
deceased and grant the special administrator any other authority 5524
that the court considers appropriate.5525

       SuchThe special administrator mustshall collect the 5526
chattelsassets and debts of the deceased and preserve them for 5527
the executor or administrator who thereafter is appointed. For 5528
that purpose suchthe special administrator may begin and,5529
maintain, or defend suits as administrator and also sell such 5530
goods asany assets the court orders sold. HeThe special 5531
administrator shall be allowed suchthe compensation for histhe 5532
special administrator's services asthat the court thinks 5533
reasonable, if he forthwith delivers the property and effects of 5534
the estate to the executor or administrator who supersedes himthe 5535
special administrator faithfully fulfills the fiduciary duties.5536

       Sec. 2113.16.  Upon granting of letters testamentary or of 5537
administration, the power of a special administrator appointed 5538
under section 2113.15 of the Revised Code shall ceaseterminate5539
and he forthwith must deliverthe special administrator shall 5540
transfer to the executor or administrator all the chattels and 5541
moneysassets of the deceased in his handsthe possession or under 5542
the control of the special administrator. The special 5543
administrator shall file an account of the special administration 5544
within thirty days of the appointment of the executor or 5545
administrator. The account shall be in conformance with section 5546
2109.30 of the Revised Code. The executor or administrator may be 5547
admitted to prosecute any suit begun by the special administrator, 5548
as an administrator de bonis non is authorized to prosecute a suit 5549
commenced by a former executor or administrator.5550

       If suchthe special administrator neglects or refuses to 5551
deliver overtransfer the propertyassets and estate to the 5552
executor or administrator, the probate court may compel him to do 5553
sothe transfer by citation and attachment. The executor or 5554
administrator also may proceed, by civil action, to recover the 5555
value of the assets from suchthe special administrator and his5556
the special administrator's sureties.5557

       Sec. 2113.17. A creditor's claim may be presented in 5558
accordance with section 2117.06 of the Revised Code to a special 5559
administration appointed under section 2113.15 of the Revised 5560
Code.5561

       Sec. 2113.18.  (A) The probate court may remove any executor 5562
or administrator if there are unsettled claims existing between 5563
himthe executor or administrator and the estate, whichthat the 5564
court thinks may be the subject of controversy or litigation 5565
between himthe executor or administrator and the estate or 5566
persons interested thereinin the estate.5567

       (B) The probate court may remove any executor or 5568
administrator upon motion of the surviving spouse, children, or 5569
other next of kin of the deceased person whose estate is 5570
administered by the executor or administrator if both of the 5571
following apply:5572

       (1) The executor or administrator refuses to bring an action 5573
for wrongful death in the name of the deceased person;.5574

       (2) The court determines that a prima-facie case for a 5575
wrongful death action can be made from the information available 5576
to the executor or administrator.5577

       Sec. 2113.19.  When a sole executor or administrator dies 5578
without having fully administered the estate, the probate court 5579
shall grant letters of administration, with the will annexed or 5580
otherwise as the case requires, to some suitable person pursuant 5581
to section 2113.05 or 2113.06 of the Revised Code. SuchThat5582
person shall administer the goods and estateassets of the 5583
deceased not previously administered, in case there is personal 5584
estate to be administered to the amount of twenty dollars or debts 5585
to that amount due from the estate.5586

       Sec. 2113.20.  If a will of a deceased is proved and allowed 5587
after letters of administration have been granted as of an 5588
intestate estate, the first administration shall be revoked, 5589
unless before suchthe revocation a petitioncomplaint contesting 5590
the probate of suchthe will is filed in the probate court of 5591
common pleas. If such a petitioncomplaint of that nature is 5592
filed, the probate court may allow the administration to be 5593
continued in the hands ofby the original administrators until the 5594
final determination of suchthe contest. If the will is sustained, 5595
the first administration mustshall be revoked. In either case, 5596
upon revocation of the first administration and the appointment of 5597
an executor or administrator with the will annexed, suchthat5598
executor or administrator shall be admitted to prosecute or defend 5599
any suit, proceeding, or matter begun by or against the original 5600
administrator, in likethe same manner as an administrator de 5601
bonis non is authorized to prosecute or defend a suit commenced by 5602
a former executor or administrator.5603

       Sec. 2113.21. (A) When a will is contested, the executor, the 5604
administrator de bonis non, with the will annexed, or the 5605
testamentary trustee may, during the contest, do the following:5606

       (A)(1) Control all the real estate which is included in the 5607
will but not specifically devisedproperty and all the personal 5608
estateproperty of the testator not administered before suchthe5609
contest;5610

       (B)(2) Collect the debts and convert all assets into money, 5611
except those whichthat are specially bequeathed;5612

       (C)(3) Pay all taxes on suchthe real and personal property 5613
and all debts;5614

       (D)(4) Repair buildings and make other improvements if 5615
necessary to preserve the real property from waste;5616

       (E)(5) Insure suchthose buildings upon an order first 5617
obtained from the probate court having jurisdiction of suchthe5618
executor, administrator, or testamentary trustee;5619

       (F)(6) Advance or borrow money on the credit of suchthe5620
estate for suchthe repairs, taxes, and insurance whichthat shall 5621
be a charge thereonon the estate;5622

       (G)(7) Receive and receipt for a distributive share of an 5623
estate or trust to which suchthe testator would have been 5624
entitled, if living.5625

       (B) The court may require such additional bonds asthat from 5626
time to time seemsseem proper.5627

       Sec. 2113.22.  An administrator or executor or administrator5628
appointed in the place of an executor or administrator who has 5629
resigned or been removed, whose letters have been revoked, or 5630
whose authority has been extinguished is entitled to the 5631
possession of all the unadministered personal effects and assets 5632
of the estate unadministered, and all other funds collected and 5633
unaccounted for by suchthe former executor or administrator, and 5634
may maintain a suit against the former executor or administrator 5635
and histhe former executor's or administrator's sureties on the 5636
administration bond to recover suchthose effects, assets, and 5637
funds and for all damages arising from the maladministration or 5638
omissions of the former executor or administrator.5639

       Sec. 2113.25. So far as the executor or administrator is 5640
able, theThe executor or administrator of an estate shall collect 5641
the assets and complete the administration of that estate within 5642
thirteensix months after the date of appointment unless an 5643
extension of the time to file a final and distributive account is 5644
authorized under division (B) of section 2109.301 of the Revised 5645
Code.5646

       Upon application of the executor or administrator and notice 5647
to the interested parties, if the probate court considers that 5648
notice necessary, the court may allow further time in which to 5649
collect assets, to convert assets into money, to pay creditors, to 5650
make distributions to legatees or distributees, to file partial, 5651
final, and distributive accounts, and to settle estates. The 5652
court, upon application of any interested party, may authorize the 5653
examination under oath in open court of the executor or 5654
administrator upon any matter relating to the administration of 5655
the estateFor good cause shown, the court may grant an extension 5656
of the time to file the inventory and accounts.5657

       Sec. 2113.26. The court, upon application of any interested 5658
party, may authorize the examination of the executor or 5659
administrator under oath in open court on any matter relating to 5660
the administration of the estate.5661

       Sec. 2113.30. (A) Except as otherwise directed by the 5662
decedent in the decedent's last will and testament, an executor or 5663
administrator, without personal liability for losses incurred, may 5664
continue the decedent's business during four months next following 5665
the date of the appointment of that executor or administrator, 5666
unless the probate court directs otherwise, and for any further 5667
time that the court may authorize upon a hearing and after notice 5668
to the surviving spouse and distributees. In either case, no debts 5669
incurred or contracts entered into shall involve the estate beyond 5670
the assets used in that business immediately prior to the death of 5671
the decedent without first obtaining the approval of the court. 5672
During the time the business is continued, the executor or 5673
administrator shall file monthly reports in the court, setting 5674
forth the receipts and expenses of the business for the preceding 5675
month and any other pertinent information that the court may 5676
require. The executor or administrator may not bind the estate 5677
without court approval beyond the period during which the business 5678
is continued.5679

       (B) As used in this section, "decedent's business" means a 5680
business that is owned by the decedent as a sole proprietor at the 5681
time of the decedent's death. "Decedent's business" does not 5682
include a business that is owned in whole or in part by the 5683
decedent as a shareholder of a corporation, a member of a limited 5684
liability company, or a partner of a partnership, or under any 5685
other form of ownership other than a sole proprietorship.5686

       Sec. 2113.31.  Every executor or administrator is chargeable 5687
with all chattels, rights, and creditsassets of the deceased 5688
whichthat come into his handsthe possession or under the control 5689
of the executor or administrator and are to be administered, 5690
although not included in the inventory required by section 2115.02 5691
of the Revised Code. SuchThe executor or administrator is also 5692
chargeable with all the proceeds of personal property and real 5693
estateproperty sold for the payment of debts or legacies, and all 5694
the interest, profit, and income that in any way comes to his 5695
handsinto the possession or under the control of the executor or 5696
administrator from the personal estateproperty of the deceased.5697

       Sec. 2113.311.  (A) If, within a reasonable time after the 5698
appointment of the executor or administrator, no one in authority 5699
has taken over the management and rental of any real estate5700
property of which the decedent died seized, the executor or 5701
administrator, or an heir or devisee may, unless the will 5702
otherwise provides, make application to the probate court for an 5703
order authorizing the executor or administrator to assume such5704
those duties. SuchThe application shall contain the following:5705

       (1) A brief statement of the facts upon which the application 5706
is based and suchany other pertinent information asthat the 5707
court may require;5708

       (2) A description or identification of the real estate5709
property and the interest owned by the decedent at the time of his5710
death;5711

       (3) The names and addresses, if known to the applicant, of 5712
the persons to whom suchthe real estateproperty passed by 5713
descent or devise.5714

       (B) Notice of the time of hearing on suchthe application 5715
shall be given to the persons designated in sub-paragraph division 5716
(A)(3) of this section, unless for good cause the court dispenses 5717
with suchthat notice, and also to the executor or administrator, 5718
unless the executor or administrator is the applicant.5719

       (C) If the court finds that the statements contained in the 5720
application are true and that it would be for the best interest of 5721
suchthose heirs or devisees that the application be granted, it 5722
may authorize the executor or administrator to assume the 5723
management and rental of suchthe real estateproperty.5724

       (D) The court may require bond, new or additional, in an 5725
amount to be fixed by the court and conditioned that the executor 5726
or administrator will faithfully and honestly discharge the duties 5727
devolving upon him byfrom the provisions of this section.5728

       (B)(E) In the exercise of suchthe authority granted under 5729
this section, the executor or administrator shall be authorized to 5730
do the following:5731

       (1) Collect rents;5732

       (2) From the rents collected:5733

       (a) Pay all taxes and assessments due on suchthe real estate5734
property, and all such usual operating expenses in connection with 5735
theits management thereof;5736

       (b) Make repairs when necessary to preserve suchthe real5737
estateproperty from waste, provided that an order of the court 5738
shall first be obtained if the cost of such repairs exceeds one 5739
hundred dollars;5740

       (c) Insure buildings against loss by fire or other casualty 5741
and against public liability;.5742

       (3) Advance money upon an order first obtained from the 5743
court, for suchthe repairs, taxes, insurance, and all usual 5744
operating expenses, whichthat shall be a charge on suchthe real 5745
estateproperty;5746

       (4) Rent the property on a month-to-month basis, or, upon an 5747
order first obtained from the court, for a period not to exceed 5748
one year;5749

       (5) Prosecute actions for forcible entry and detention5750
detainer of suchthe real estateproperty.5751

       (F) The executor or administrator shall, at intervals not to 5752
exceed twelve months, pay over to the heirs or devisees, if known, 5753
their share of the net rents, and shall account for all money 5754
received and paid out under authority of this section in histhe 5755
executor's or administrator's regular accounts of the 5756
administration of the estate, but in a separate schedule. If any 5757
share of the net rents remains unclaimed, it may be disposed of in 5758
the same manner as is provided for unclaimed money under section 5759
2113.64 of the Revised Code.5760

       (G) The authority granted under this section shall terminate 5761
upon the transfer of the real estateproperty to the heirs or 5762
devisees in accordance with section 2113.61 of the Revised Code, 5763
or upon a sale thereofof the real property, or upon application 5764
of the executor or administrator, or for a good cause shown, upon 5765
the application of an heir or devisee.5766

       (H) Upon application the court may allow compensation to the 5767
executor or administrator for extraordinary services, whichthat5768
shall be charged against the rents, and if saidthe rents beare5769
insufficient, shall be a charge against suchthe real estate5770
property.5771

       Upon application the court may allow reasonable attorney fees 5772
paid by the executor or administrator when an attorney is employed 5773
in connection with the management and rental of suchthe real 5774
estate, whichproperty that shall be charged against the rents, 5775
and if saidthe rents beare insufficient, shall be a charge 5776
against suchthe real estateproperty.5777

       Sec. 2113.33.  An executor or administrator is not 5778
accountable for debts inventoried as due to the decedent, if it 5779
appears to the probate court that, without histhe executor's or 5780
administrator's fault, they remain uncollected.5781

       Sec. 2113.34.  If an executor or administrator neglects to 5782
sell personal property which hethat is required to sellbe sold, 5783
and retains, consumes, or disposes of it for histhe executor's or 5784
administrator's own benefit, hethe executor or administrator5785
shall be charged therewithwith the personal property at double 5786
the value affixed theretoto the property by the appraisers.5787

       Sec. 2113.35. (A) Executors and administrators shall be 5788
allowed commissionsfees upon the amount of all the personal 5789
estateproperty, including the income from the personal estate5790
property, that is received and accounted for by them and upon the 5791
proceeds of real estateproperty that is sold, as follows: (A)5792

       (1) For the first one hundred thousand dollars, at the rate 5793
of four per cent; (B)5794

       (2) All above one hundred thousand dollars and not exceeding 5795
four hundred thousand dollars, at the rate of three per cent; (C)5796

       (3) All above four hundred thousand dollars, at the rate of 5797
two per cent. Executors5798

       (B) Executors and administrators also shall be allowed a5799
commissionfee of one per cent on the value of real estate5800
property that is not sold. Executors and administrators also shall 5801
be allowed a commissionfee of one per cent on all property that 5802
is not subject to administration and that is includable for 5803
purposes of computing the Ohio estate tax, except joint and 5804
survivorship property. The5805

       (C) The basis of valuation for the allowance of such 5806
commissionsthe fees on real estateproperty sold shall be the 5807
gross proceeds of sale, and for all other property the fair market 5808
value of the other property as of the date of death of the 5809
decedent. The commissionsfees allowed to executors and 5810
administrators in this section shall be received in full 5811
compensation for all their ordinary services. If5812

       (D) If the probate court finds, after a hearing, that an 5813
executor or administrator, in any respect, has not faithfully 5814
discharged histhe duties as executor or administrator, the court 5815
may deny the executor or administrator any compensation whatsoever 5816
or may allow the executor or administrator the reduced 5817
compensation that the court thinks proper.5818

       Sec. 2113.36.  Allowances, in addition to those provided by 5819
section 2113.35 of the Revised Code for an executor or 5820
administrator, whichthat the probate court considers just and 5821
reasonable shall be made for actual and necessary expenses and for 5822
extraordinary services not required of an executor or 5823
administrator in the common course of his dutythe executor's or 5824
administrator's duties.5825

       Upon the application of an executor or administrator for 5826
further allowances for extraordinary services rendered, the court 5827
shall review both ordinary and extraordinary services claimed to 5828
have been rendered. If the commissionsfees payable pursuant to 5829
section 2113.35 of the Revised Code, exceed the reasonable value 5830
of suchthe ordinary services rendered, the court mustshall5831
adjust any allowance made for extraordinary services so that the5832
total commissionsfees and allowances to be made fairly reflect 5833
the reasonable value of both ordinary and extraordinary services.5834

       WhenIf an attorney has been employed in the administration 5835
of the estate, reasonable attorney fees paid by the executor or 5836
administrator shall be allowed as a part of the expenses of 5837
administration. The court may at any time during administration 5838
fix the amount of suchthose fees and, on application of the 5839
executor or administrator or the attorney, shall fix the amount 5840
thereofof the fees. WhenIf provision is made by the will of the 5841
deceased for compensation to an executor, the amount provided 5842
shall be a full satisfaction for histhe executor's or 5843
administrator's services, in lieu of such commissionsthe fees or 5844
his share thereofof the fees, unless by an instrument filed in 5845
the court within four months after his appointment hethe executor 5846
or administrator renounces all claim to the compensation given by 5847
the will.5848

       Sec. 2113.39.  If a qualified executor, administrator, or 5849
testamentary trustee is authorized by will or devise to sell any 5850
class of personal property whatsoever or real estateproperty, no 5851
order shall be required from the probate court to enable himfor 5852
the executor, administrator, or testamentary trustee to act in 5853
pursuance of the power vested in himproceed with the sale. A 5854
power to sell authorizes a sale for any purpose deemedconsidered5855
by suchthe executor, administrator, or testamentary trustee to be 5856
for the best interest of the estate, unless the power is expressly 5857
limited by suchthe will or devise.5858

       Sec. 2113.40. (A) At any time after the appointment of an 5859
executor or administrator, the probate court, whenif satisfied 5860
that it would be for the best interests of the estate, may 5861
authorize suchthe executor or administrator to sell at public or 5862
private sale, at a fixed price or for the best price obtainable, 5863
and for cash or on suchthe terms asthat the court may determine, 5864
any part or all of the personal property belonging to the estate, 5865
except the following:5866

       (A) Such property as(1) Property that the surviving spouse 5867
desires to take at the appraised value;5868

       (B)(2) Property specifically bequeathed, whenif the sale of 5869
suchthat property is not necessary for the payment of debts, 5870
provided that suchthe property may be sold with the consent of 5871
the person entitled theretoto the property, including executors, 5872
administrators, guardians, and trustees;5873

       (C)(3) Property as to which distribution in kind has been 5874
demanded prior to the sale by the surviving spouse or other 5875
beneficiary entitled to suchthe distribution in kind;5876

       (D)(4) Property whichthat the court directs shall not be 5877
sold pursuant to a wish expressed by the decedent in histhe 5878
decedent's will; but at any later period, on application of a 5879
party interested, the court may, and for good cause shall, require 5880
suchthe sale to be made.5881

       (B) In case of a sale before expiration of the time within 5882
which the surviving spouse may elect to take at the appraised 5883
value, not less than ten days' notice of suchthe sale shall be 5884
given to the surviving spouse, unless suchthe surviving spouse 5885
consents to suchthe sale or waives notice thereofof the sale. 5886
SuchThe notice shall not be required as to perishable property.5887

       (C) The court may permit the itemized list of personal 5888
property being sold to be incorporated in documents and records 5889
relating to the sale, by reference to other documents and records 5890
whichthat have been filed in the court. Provided, provided that a 5891
court order shall not be required to permit the public sale of 5892
personal goods and chattelsproperty.5893

       Sec. 2113.41. (A) Public sales of personal property mentioned5894
as provided in section 2113.40 of the Revised Code shall be at 5895
public auction and, unless otherwise directed by the probate 5896
court, after notice of suchthe sale has been given by any of the 5897
following methods:5898

       (A)(1) By advertisement appearing at least three times in a 5899
newspaper of general circulation in the county during a period of 5900
fifteen days next preceding suchthe sale;5901

       (B)(2) By advertisement posted not less than fifteen days 5902
next preceding suchthe sale in at least five public places in the 5903
township or municipal corporation where suchthe sale is to take 5904
place;5905

       (C)(3) By both such forms of advertisement specified in 5906
divisions (A)(1) and (2) of this section.5907

       Such(B) The advertisement published or posted as described 5908
in divisions (A)(1) and (2) of this section shall specify 5909
generally the property to be sold and the date, place, and terms 5910
of the sale. The executor or administrator, if considered in the 5911
best interests of the estate, may employ an auctioneer or clerk, 5912
or both, to conduct suchthe sale, and their reasonable fees and 5913
charges shall be deducted from the proceeds of the sale. The court 5914
for good cause may extend the time for sale.5915

       Sec. 2113.45.  When a mortgagee of real estateproperty, or 5916
an assignee of suchthe mortgagee, dies without foreclosing the 5917
mortgage, the mortgaged premises and the debts secured therebyby 5918
the mortgage shall be considered personal assets in the hands5919
possession or under the control of the executor or administrator 5920
of suchthe estate of the mortgagee or assignee, and shall be 5921
administered and accounted for as such.5922

       If the mortgagee or assignee did not obtain possession of the 5923
mortgaged premises in histhe mortgagee's or assignee's lifetime,5924
histhe executor or administrator of the estate of the deceased 5925
mortgagee or assignee may take possession of the premises by open 5926
and peaceable entry or by action, as the deceased might have done 5927
if living.5928

       Sec. 2113.46.  In case of the redemption of a mortgage 5929
belonging to the estate of a decedent, the money paid thereon must5930
on the redemption shall be received by the executor or 5931
administrator, and thereupon hethe executor or administrator5932
shall release and discharge the mortgage. Until suchthat5933
redemption, if the executor, administrator, or decedent has taken 5934
possession of the mortgaged premises, the executor or 5935
administrator, if possession has been taken by him or by the 5936
decedent, shall be seized of the mortgaged premises in trust for 5937
the same persons who would be entitled to the money if the 5938
premises had been redeemed.5939

       Sec. 2113.48.  When a person who has entered into a written 5940
contract for the sale and conveyance of an interest in real estate5941
property dies before its completion, histhe executor or 5942
administrator whenof the decedent's estate, if not required to 5943
otherwise dispose of suchthe contract, may, with the consent of 5944
the purchaser, obtain authority to complete suchthe contract by 5945
filing an application thereforfor that authority in the probate 5946
court of the county in which hethe executor or administrator was 5947
appointed. Notice of the time of hearing on suchthe application 5948
shall be given to the surviving spouse and heirs, if the decedent 5949
died intestate, and to the surviving spouse, and devisees or 5950
legatees having an interest in suchthe contract, if the decedent 5951
died testate. If the court is satisfied that it would be for the 5952
best interests of the estate, it may authorize the executor or 5953
administrator to complete saidthe contract and to execute and 5954
deliver to the purchaser suchthe instruments asthat are required 5955
to make the order of the court effective.5956

       Sec. 2113.49.  When a person who has entered into a written 5957
contract for the sale and conveyance of an interest in real estate5958
property dies before its completion, histhe executor or 5959
administrator of the decedent's estate, whenif not required to 5960
otherwise dispose of the contract, may file a petitioncomplaint5961
for the alteration or cancellation of the contract, in the probate 5962
court of the county in which hethe executor or administrator was 5963
appointed, or in which the real estateproperty or any part of it 5964
is situated. If the decedent died intestate, the surviving spouse 5965
and heirs, and if the decedent died testate, the surviving spouse,5966
and devisees or legatees having an interest in the contract, when5967
if not the plaintiffs, shall, together with the purchaser, be made 5968
parties defendant.5969

       If, upon hearing, the court is satisfied that it is for the 5970
best interests of the estate, it may, with the consent of the 5971
purchaser, authorize the executor or administrator to agree to the 5972
alteration or cancellation of the contract, and to execute and 5973
deliver to the purchaser the instruments required to make the 5974
order of the court effective. Before making such anits order, the 5975
court shall cause to be secured, to and for the benefit of the 5976
estate of the deceased, its just part of the consideration of the 5977
contract. The instruments executed and delivered pursuant to such 5978
anthe court's order shall recite the order, and be as binding on 5979
the heirs and other parties in interest, as if made by the 5980
deceased in his lifetimeprior to death.5981

       Sec. 2113.50.  When a person who has entered into a written 5982
contract for the purchase of an interest in real estateproperty5983
dies before athe conveyance thereofof the interest to himthe 5984
person, histhe executor or administrator of the decedent's 5985
estate, orthe surviving spouse, or any heir, or any devisee or 5986
legatee having an interest in suchthe contract, may file an 5987
application for authority to complete suchthe contract in the 5988
probate court of the county in which the executor or administrator 5989
was appointed. Notice of the time of the hearing on suchthe5990
application shall be given to the surviving spouse and heirs, if 5991
the decedent died intestate, and to the surviving spouse, and 5992
devisees or legatees having an interest in suchthe contract, if 5993
the decedent died testate, to the executor or administrator, if 5994
not the applicant, and to all other persons having an interest in 5995
suchthe real estateproperty that is the subject of the contract. 5996
If the court is satisfied that it would be for the best interests 5997
of the estate, it may, with the consent of the vendor, authorize 5998
the executor or administrator to complete the contract, pay to the 5999
vendor the amount due on the contract, and authorize a conveyance 6000
of the interest in the real estateproperty to the persons 6001
entitled theretoto it. If, however, the court finds that the 6002
condition of the estate at the time of the hearing does not 6003
warrant the payment out of the estate of the amount due under the 6004
contract, it may authorize the persons entitled to the interest of 6005
the decedent in the contract to pay to the vendor the amount due 6006
on the contract. The real estateproperty so conveyed shall 6007
thereafter be chargeable with the debts of the estate to the 6008
extent of the equitable interest of the estate thereinin the real 6009
property, and may be sold in land sale proceedings, except that in 6010
the event of suchthat sale, the persons to whom the real estate6011
property shall have been conveyed shall have a prior lien on the 6012
proceeds as against the estate to the extent of any portion of the 6013
purchase price paid by them.6014

       The executor or administrator, or surviving spouse, or any 6015
heir, or any devisee or legatee having an interest in such athe6016
contract, may file a petitioncomplaint for the alteration or 6017
cancellation of the contract in the probate court of the county in 6018
which the executor or administrator was appointed. If the decedent 6019
died intestate, the surviving spouse and heirs, and if the 6020
decedent died testate, the surviving spouse, and devisees or 6021
legatees having an interest in suchthe contract, and the executor 6022
or administrator, whenif not the plaintiff, together with the 6023
vendor, and all other persons having an interest in the real6024
estate whichproperty that is subject to the contract, shall be 6025
made parties defendant. If the court is satisfied that it would be 6026
for the best interests of the estate, the court, with the consent 6027
of the vendor, may authorize the executor or administrator to 6028
agree to the alteration or cancellation of the contract and to 6029
execute and deliver suchthe deeds or other instruments to the 6030
vendor asthat are required to make the order of the court 6031
effective. SuchThe deeds or other instruments asthat are 6032
executed and delivered pursuant to suchthe court's order shall 6033
recite the order and be as binding on the parties to the suit as 6034
if made by the deceased in his lifetimeprior to death.6035

       Sec. 2113.51.  The property of an estate whichthat is 6036
specifically bequeathed may be delivered over to the legatee 6037
entitled theretoto the property. SuchThe legatee mustshall6038
secure its redelivery on demand to the executor or administrator. 6039
Otherwise, suchthe property mustshall remain in the hands6040
possession or under the control of the executor or administrator 6041
to be distributed or sold, as required by law and the condition of 6042
the estate.6043

       Sec. 2113.52.  (A) A devisee taking real estateproperty6044
under a devise in a will, unless the will otherwise provides, or 6045
an heir taking real estateproperty under the statutes of descent 6046
and distribution shall take the real estateproperty subject to 6047
all taxes, penalties, interest, and assessments whichthat are a 6048
lien against that real estateproperty.6049

       (B) If real estateproperty devised in a will is subject to a 6050
mortgage lien that exists on the date of the testator's death, the 6051
person taking the real estateproperty under the devise has no 6052
right of exoneration for the mortgage lien, regardless of a 6053
general direction in the will to pay the testator's debts, unless 6054
the will specifically provides a right of exoneration that extends 6055
to that lien.6056

       Sec. 2113.54.  When five months have expired after the 6057
appointment of an executor or administrator and the surviving 6058
spouse has made an election under section 2106.01 of the Revised 6059
Code, a legatee or distributee may apply to the probate court for 6060
an order requiring the executor or administrator to distribute the 6061
assets of the estate, either in whole or in part, in cash or in 6062
kind. Upon notice to the executor or administrator, the court 6063
shall inquire into the condition of the estate, and if all claims 6064
have been paid, or adequate provision has been or can be made for 6065
their payment, the court shall make suchthat order with reference 6066
to distribution of the estate as the condition of the estate and 6067
the protection of all parties interested in the estate may demand. 6068
The order of the court shall provide that assets be set aside for 6069
the payment of claims rejected within two months or in suit, and 6070
each claimant for whom assets are to be set aside shall be 6071
entitled to be fully heard as to the nature and amount of the 6072
assets to be set aside for payment of histhe claim, and as to all 6073
other conditions in connection with the claim. Each legatee or 6074
distributee receiving distribution from the estate shall be liable 6075
to return the assets distributed to himthe legatee or 6076
distributee, or the proceeds from the assets, if they are 6077
necessary to pay suchthose claims. The court, upon its own motion 6078
or upon application of the executor or administrator, as a 6079
condition precedent to any distribution, may require any legatee 6080
or distributee to give bond to the state with surety approved and 6081
in an amount fixed by the court, conditioned as provided in 6082
section 2113.53 of the Revised Code or as may be directed by the 6083
court. SuchThe bond may be in addition to the assets to be set 6084
aside or partially or wholly in lieu of those assets, as the court 6085
shall determine.6086

       Sec. 2113.58. WhenIf by a last will and testament the use 6087
or income of personal property is given to a person for a term of 6088
years or for life and some other person has ana remainder6089
interest in suchthe property as remainderman, the probate court, 6090
unless such lastthe will and testament otherwise provides, may 6091
deliver suchauthorize delivery of the personal property to the 6092
person having the limited estate, with or without bond, as the 6093
court may determine; or the court may order that suchthe property 6094
be held by the executor or some other trustee, with or without 6095
bond, for the benefit of the person having the limited estate. If 6096
bond is required of the person having the limited estate, or of 6097
the trustee, it may be increased or decreased, and if bond is not 6098
required in the first instance it may be required by the court at 6099
any time prior to the termination of the limited estate.6100

       Sec. 2113.61.  (A)(1) When real property passes by the laws 6101
of intestate succession or under a will, the administrator or 6102
executor shall file in probate court, at any time after the filing 6103
of an inventory that includes the real property but prior to the 6104
filing of the administrator's or executor's final account, an 6105
application requesting the court to issue a certificate of 6106
transfer as to the real property. Real property sold by an 6107
executor or administrator or land registered under Chapters 5309. 6108
and 5310. of the Revised Code is excepted from the application 6109
requirement. Cases in which an order has been made under section 6110
2113.03 of the Revised Code relieving an estate from 6111
administration and in which the order directing transfer of real 6112
property to the person entitled to it may be substituted for the 6113
certificate of transfer also are excepted from the application 6114
requirement.6115

       (2) In accordance with division (C)(3)(b) of section 2113.031 6116
of the Revised Code, an application for a certificate of transfer 6117
of an interest in real property included in the assets of the 6118
decedent's estate shall accompany an application for a summary 6119
release from administration under that section. This section 6120
applies to the application for and the issuance of the requested 6121
certificate of transfer except to the extent that the probate 6122
court determines that the nature of any of the provisions of this 6123
section is inconsistent with the nature of a grant of a summary 6124
release from administration.6125

       (B) Subject to division (A)(2) of this section, the 6126
application for a certificate of transfer shall contain all of the 6127
following:6128

       (1) The name, place of residencedomicile at death, and date 6129
of death of the decedent;6130

       (2) A statement whether the decedent died testate or 6131
intestate;6132

       (3) The fact and date of the filing and probate of the will, 6133
if applicable, and the fact and date of the appointment of the 6134
administrator or executorreason the property is being transferred 6135
to the devisee or devisees;6136

       (4) A description of each parcel of real property situated in 6137
this state that is owned by the decedent at the time of death6138
Whether any spousal elections have been exercised;6139

       (5) Insofar as they can be ascertained, the names, ages, 6140
places of residence, and relationship to the decedent of the 6141
persons to whom each parcel of real property described in division 6142
(B)(4) of this section passed by descent or deviseWhether any 6143
disclaimers or assignments have been filed;6144

       (6) A statement that all the known debts of the decedent's 6145
estate have been paid or secured to be paid, or that sufficient 6146
other assets are in hand to complete the payment of those debts or 6147
a statement that the estate is insolvent and the transfer is of 6148
the mansion house and is being made to satisfy all or a portion of 6149
the spousal allowance for support;6150

       (7) Other pertinent information that the court requires.6151

       (C) Subject to division (A)(2) of this section, within five 6152
days following the filing of an application for a certificate of 6153
transfer that complies with division (B) of this section, the 6154
court shall issue a certificate of transfer for record in each 6155
county in this state in which real property so passing is 6156
situated, that shall recite all of the following:6157

       (1) The name and date of death of the decedent;6158

       (2) Whether the decedent died testate or intestate and, if 6159
testate, the volume and page of the record of the will;6160

       (3) The volume and pagecase number of the probate court 6161
record of the administration of the estate;6162

       (4) The names and places of residence of the devisees, the 6163
interests passing to them, the names and places of residence of 6164
the persons inheriting intestate, and the interests inherited by 6165
them, in each parcel of real property described in division (B)(4) 6166
of this sectionbeing transferred;6167

       (5) A description of each parcel of real property described 6168
in division (B)(4) of this sectionbeing transferred;6169

       (6) Other information that in the opinion of the court should 6170
be included.6171

       (D) If an executor or administrator has failed to file an 6172
application for a certificate of transfer before being discharged, 6173
the application may be filed by an heir or devisee, or a successor 6174
in interest, in the probate court in which the testator's will was 6175
probated or, in the case of intestate estates, in the probate 6176
court in which administration was had. If no administration was 6177
had on an estate and if no administration is contemplated, except 6178
in the case of the grant of or contemplated application for the 6179
grant of an order of a summary release from administration under 6180
section 2113.031 of the Revised Code, an application for a 6181
certificate of transfer may be filed by an heir or devisee, or a 6182
successor in interest, in the probate court of the county in which 6183
the decedent was a resident at the time of death or in which the 6184
real property of the decedent is located.6185

       (E) A foreign executor or administrator, whenif no ancillary 6186
administration proceedings have been had or are being had in this 6187
state, may file in accordance with this section an application for 6188
a certificate of transfer in the probate court of any county of 6189
this state in which real property of the decedent is located.6190

       (F) When a person who has entered into a written contract for 6191
the sale and conveyance of an interest in real property dies 6192
before its completion, the interest of the decedent in the 6193
contract and the record title to the real property described in 6194
the contract may be transferred to the persons, legatees,6195
devisees, or heirs at law entitled to the interest of the decedent 6196
in the real property, in the same manner as provided in this 6197
section and sectionssection 2113.62 and 2113.63 of the Revised 6198
Code for the transfer of real property. The application for the 6199
certificate of transfer and the certificate itself also shall 6200
recite that the real property described in the application or 6201
certificate is subject to a written contract for its sale and 6202
conveyance.6203

       Sec. 2113.62.  Upon receipt of the certificate provided for 6204
in section 2113.61 of the Revised Code, the county recorder shall 6205
record it in the books provided for the recording of deeds and 6206
index suchthose records in the name of the decedent as grantor 6207
and the person to whom the real estateproperty passes as grantee 6208
in the index provided for the record of deeds.6209

       Sec. 2113.67.  When a person entitled to the money invested 6210
or turned into the county treasury under section 2113.64 of the 6211
Revised Code satisfies the probate court of histhe person's right 6212
to receive it, the court shall order it to be paid over and 6213
transferred to himthe person. In case it has been turned into the 6214
treasury, the county auditor shall give to himthe person a 6215
warrant thereforfor the money upon the certificate of the probate 6216
judge.6217

       Sec. 2113.68.  The probate judge with whom the certificates 6218
or evidences of title required by section 2113.65 of the Revised 6219
Code are deposited and each succeeding judge to whom they come, 6220
and histhe judges' sureties, shall be responsible for their 6221
safekeeping and application, as provided in sections 2113.64 to 6222
2113.67, inclusive, of the Revised Code.6223

       Sec. 2113.69.  When newly discovered assets come into the 6224
handspossession or under the control of an executor or 6225
administrator after the filing of the original inventory required 6226
by section 2115.02 of the Revised Code, hethe executor or 6227
administrator shall administer, account for, and distribute such6228
those assets in likethe same manner as if received prior to the 6229
filing of suchthe inventory. Within thirty days, hethe executor 6230
or administrator shall file in the probate court an itemized 6231
report of suchthose assets, with an estimate of thetheir value 6232
thereof, but shall not be required to make an inventory or 6233
appraisement of the sameassets unless ordered to do so by the 6234
court, either upon its own motion or upon the application of any 6235
interested party.6236

       Sec. 2113.70.  An executor or administrator appointed in any 6237
other state or country, or histhe executor's or administrator's6238
legal representatives, may be prosecuted in any appropriate court 6239
in this state in histhe capacity of executor or administrator.6240

       Sec. 2113.72.  Any court of common pleas may compel a foreign 6241
administrator or executor residing in this state, or having assets 6242
or property hereinin this state, to account at the suit of an 6243
heir, distributee, or legatee, who is resident in this state, and 6244
make distribution of the amount found in his handsthe possession 6245
or under the control of the foreign administrator or executor to 6246
the respective heirs, distributees, or legatees according to the 6247
law of the state granting suchthe letters of administration. When6248
If suits are pending or there are unsettled demands against such6249
the estate, the court also may require a refunding bond to be 6250
given to suchthe foreign executor or administrator by the heirs, 6251
distributees, or legatees entitled theretoto that distribution in 6252
case the amount paid is needed to pay debts of the estate.6253

       Sec. 2113.73. WhenIf a foreign administrator or executor 6254
has wasted, misapplied, or converted assets of an estate, or has 6255
insufficient property to discharge histhe foreign administrator's 6256
or executor's liability on account of the trust, or histhe 6257
foreign administrator's or executor's sureties are irresponsible, 6258
the distributees, heirs, or legatees, in any court of common pleas 6259
or probate court may compel himthe foreign administrator or 6260
executor to secure the amounts respectively due to them and any of 6261
histhe foreign administrator's or executor's sureties may require 6262
indemnity on account of their liability as bail.6263

       Sec. 2113.74.  The several provisional remedies and 6264
proceedings authorized by sections 2113.70 to 2113.73, inclusive,6265
of the Revised Code, against a foreign executor or administrator 6266
also apply to the person and property of a foreign administrator 6267
or executor. The probate court or the court of common pleas may 6268
make any order or decree touching hisa foreign executor's or 6269
administrator's property and effects, or the assets of suchthe6270
estate, necessary for the security of those interested thereinin 6271
the property, effects, or assets.6272

       Sec. 2113.75.  An executor or administrator appointed in any 6273
other state or country may commence and prosecute an action or 6274
proceeding in any court in this state, in histhe capacity as 6275
executor or administrator, in likethe same manner and under like6276
the same restrictions as a non-residentnonresident is permitted 6277
to sue.6278

       Sec. 2113.81. WhereIf it appears that a legatee or a 6279
distributee, or a beneficiary of a trust not residing within the 6280
United States or its territories will not have the benefit or,6281
use, or control of the money or other property due himthe legatee 6282
or distributee from anthe estate or due the beneficiary from the 6283
trust, because of circumstances prevailing at the place of 6284
residence of suchthe legatee,or distributee, or athe6285
beneficiary of athe trust, the probate court may direct that such6286
the money be paid into the county treasury to be held in trust or 6287
the probate court may direct that suchthe money or other property 6288
be delivered to a trustee which. The trustee shall have the same 6289
powers and duties provided in section 2119.03 of the Revised Code 6290
for suchthat legatee, distributee, beneficiary of athe trust, or6291
suchthe persons who may thereafter be entitled theretoto the 6292
money or other property. SuchThe money or other property held in 6293
trust by suchthe county treasurer or trustee shall be paid out by 6294
order of the probate judge in accordance with section 2113.82 of 6295
the Revised Code.6296

       The county treasury shall not be liable for interest on such6297
the money held in trust.6298

       Sec. 2113.82.  When a person entitled to money or other 6299
property invested or turned into the county treasurer or to a 6300
trustee under section 2113.81 of the Revised Code satisfies the 6301
probate court of histhe person's right to receive it, the court 6302
shall order the county treasurer or the trustee to pay it over to 6303
suchthe person.6304

       Sec. 2113.85.  As used in sections 2113.85 to 2113.90 of the 6305
Revised Code:6306

       (A) "Estate" means the gross estate of a decedent who is 6307
domiciled in this state, as determined for federal estate tax 6308
purposes under Subtitle B of the Internal Revenue Code of 1954, 26 6309
U.S.C. 2001, as amended, for Ohio estate tax purposes under 6310
Chapter 5731. of the Revised Code, and for estate tax purposes of 6311
any other jurisdiction that imposes a tax on the transfer of 6312
property by a decedent who is domiciled in this state.6313

       (B) "Person interested in the estate" means any person who is 6314
entitled to receive, or who has received, any property or property 6315
interest included in the decedent's estate. A "person interested 6316
in the estate" includes, but is not limited to, a personal 6317
representative, guardian, andor trustee. A "person interested in 6318
the estate" does not include a creditor of the decedent or of his6319
the decedent's estate.6320

       (C) "Tax" means the federal estate tax determined under 6321
Subtitle B of the "Internal Revenue Code of 1954, 26 U.S.C. 2001, 6322
as amended, an Ohio estate tax determined under Chapter 5731. of 6323
the Revised Code, and the estate tax determined by any other 6324
jurisdiction that imposes a tax on the transfer of property by a 6325
decedent who is domiciled in this state.6326

       (D) "Fiduciary" means an executor, administrator, or other 6327
person who, by virtue of his representation ofrepresenting the 6328
decedent's estate, is required to pay the tax.6329

       Sec. 2113.86.  (A) Unless a will or another governing 6330
instrument otherwise provides, and except as otherwise provided in 6331
this section, a tax shall be apportioned equitably in accordance 6332
with the provisions of this section among all persons interested 6333
in an estate in proportion to the value of the interest of each 6334
person as determined for estate tax purposes.6335

       (B) Except as otherwise provided in this division, any tax 6336
that is apportioned against a gift made in a clause of a will 6337
other than a residuary clause or in a provision of an inter vivos 6338
trust other than a residuary provision, shall be reapportioned to 6339
the residue of the estate or trust. It shall be charged in the 6340
same manner as a general administration expense. However, when a 6341
portion of the residue of the estate or trust is allowable as a 6342
deduction for estate tax purposes, the tax shall be reapportioned 6343
to the extent possible to the portion of the residue that is not 6344
so allowable.6345

       (C)(1) A tax shall not be apportioned against an interest 6346
that is allowable as an estate tax marital or charitable 6347
deduction, except to the extent that the interest is a part of the 6348
residue of an estate or trust against which tax is reapportioned 6349
pursuant to division (B) of this section.6350

       (2) Estate tax of this state or another jurisdiction shall 6351
not be reapportioned against an interest that is allowable as a 6352
deduction for federal estate tax purposes, to the extent that 6353
there is other property in the estate or trust that is not 6354
allowable as a deduction for federal estate tax purposes and 6355
against which estate tax of this state or another jurisdiction can 6356
be apportioned.6357

       (D) A tax shall not be apportioned against property that 6358
passes to a surviving spouse as an elective share under section 6359
2106.01 of the Revised Code or as an intestate share under section 6360
2105.06 of the Revised Code, to the extent that there is other 6361
property in the estate that is not allowable as a deduction for 6362
estate tax purposes against which the tax can be apportioned.6363

       (E)(1) Any federal estate tax credit for state or foreign 6364
death taxes on property that is includible in an estate for 6365
federal estate tax purposes, shall inure to the benefit of the 6366
persons chargeable with the payment of the state or foreign death 6367
taxes in proportion to the amount of the taxes paid by each 6368
person, but any federal estate tax credit for state or foreign 6369
death taxes inuring to the benefit of a person cannot exceed the 6370
federal estate tax apportioned to that person.6371

       (2) Any federal estate tax credit for gift taxes paid by a 6372
donee of a gift shall inure to the benefit of that donee for 6373
purposes of this section.6374

       (3) Credits against tax not covered by division (E)(1) or (2) 6375
of this section shall be apportioned equitably among persons in 6376
the manner in which the tax is apportioned among them.6377

       (F) Any additional estate tax that is due because a qualified 6378
heir has disposed of qualified farm property in a manner not 6379
authorized by law or ceased to use any part of the qualified farm 6380
property for a qualified use, shall be apportioned against the 6381
interest of the qualified heir.6382

       (G) If both a present interest and a future interest in 6383
property are involved, a tax shall be apportioned entirely to the 6384
principal. This shall be the case even if the future interest 6385
qualifies for an estate tax charitable deduction, even if the 6386
holder of the present interest also has rights in the principal, 6387
and even if the principal is otherwise exempt from apportionment.6388

       (H) Penalties shall be apportioned in the same manner as a 6389
tax, and interest on tax shall be apportioned to the income of the 6390
estate or trust, unless a court directs a different apportionment 6391
of penalties or interest based on a finding that special 6392
circumstances make an apportionment as provided in this division 6393
inequitable.6394

       (I) If any part of an estate consists of property, the value 6395
of which is included in the gross estate of the decedent by reason 6396
of section 2044 of the "Internal Revenue Code of 1986," 100 Stat. 6397
2085, 26 N 2044, as amended, or of section 5731.131 of the Revised 6398
Code, the estate is entitled to recover from the persons holding 6399
or receiving the property any amount by which the estate tax 6400
payable exceeds the estate tax that would have been payable if the 6401
value of the property had not been included in the gross estate of 6402
the decedent. This division does not apply if a decedent provides 6403
otherwise in histhe decedent's will or another governing 6404
instrument provides otherwise and the will or instrument refers to 6405
either section mentioned in this division or to qualified 6406
terminable interest marital deduction property.6407

       Sec. 2113.87.  (A) The fiduciary, or any person interested in 6408
the estate who objects to the manner of apportionment of a tax, 6409
may apply to the court that has jurisdiction of the estate and 6410
request the court to determine the apportionment of the tax. If 6411
there are no probate proceedings, the probate court of the county 6412
in which the decedent was domiciled at death, upon application by 6413
the fiduciary or any other person interested in the estate who 6414
objects to the manner of apportionment of a tax, shall determine 6415
the apportionment of the tax.6416

       (B) The fiduciary may notify any person interested in the 6417
estate of the manner of the apportionment of tax determined by the 6418
fiduciary. Upon receipt of such athat notice, a person interested 6419
in the estate, within thirty days after the date of receipt of the 6420
notice, may indicate histhe person's objection to the manner of 6421
apportionment by application to a probate court as described in 6422
division (A) of this section. If the person interested in the 6423
estate fails to make the application within the thirty-day period, 6424
hethe person is bound by the manner of apportionment determined 6425
by the fiduciary. The notice described in this division shall 6426
state the name and address of the probate court with jurisdiction 6427
over the apportionment and include the following statement:6428

        "If you fail to file an objection to this proposed 6429
apportionment with the probate court within thirty days of the 6430
receipt of this notice, you are bound by the proposed 6431
apportionment."6432

       (C) If a probate court finds that an assessment of penalties 6433
and interest assessed with respect to a tax is due to delay caused 6434
by the negligence of the fiduciary, the court may charge the 6435
fiduciary with the amount of the assessed penalties and interest. 6436
In any suit or judicial proceeding to recover from any person 6437
interested in the estate the amount of the tax apportioned to that 6438
person, the determination of the probate court is conclusive.6439

       Sec. 2113.88.  (A) The fiduciary may withhold from any 6440
property distributable to any person interested in the estate the 6441
amount of tax attributable to the person's interest. If the 6442
property in possession of the fiduciary and distributable to any 6443
person interested in the estate is insufficient to satisfy the 6444
proportionate amount of the tax determined to be due from that 6445
person, the fiduciary may recover the deficiency from that person. 6446
If the property is not in the possession of the fiduciary, the 6447
fiduciary may recover from any person interested in the estate the 6448
amount of the tax apportioned to that person in accordance with 6449
this section by filing a complaint to recover the tax in the 6450
probate court that has jurisdiction of the administration of the 6451
estate.6452

       (B) If the property held by the fiduciary is distributed 6453
prior to final apportionment of the tax, the distributee shall 6454
provide a bond or other security for the apportionment liability 6455
in the form and amount prescribed by the fiduciary, with the 6456
approval of the probate court that has jurisdiction of the 6457
administration of the estate.6458

       Sec. 2115.02.  Within three months after the date of the 6459
executor's or administrator's appointment, unless the probate 6460
court grants an extension of time for good cause shown, the 6461
executor or administrator shall file with the court an inventory 6462
of the decedent's interest in real estateproperty located in this 6463
state and of the tangible and intangible personal property of the 6464
decedent that is to be administered and that has come to the 6465
executor's or administrator's possession or knowledge. The 6466
inventory shall set forth values as of the date of death of the 6467
decedent. If a prior executor or administrator has done so, a 6468
successor executor or administrator need not file an inventory, 6469
unless, in the opinion of the court, it is necessary.6470

       Any asset, the value of which is readily ascertainable, is 6471
not required to be appraised but shall be included in the 6472
inventory.6473

       Sec. 2115.03.  If an executor or administrator neglects or 6474
refuses to return an inventory as provided by section 2115.02 of 6475
the Revised Code, the probate court shall issue an order requiring 6476
himthe executor or administrator, at an early day specified in 6477
the order, to return an inventory. After personal service of the 6478
order by a person authorized to make the service, if the executor 6479
or administrator, by the day appointed, does not return the 6480
inventory or fails to obtain further time from the court to return 6481
it, or if the order cannot be served personally by reason of his6482
the executor or administrator absconding or concealing himself6483
self, the court may remove the executor or administrator and new 6484
letters shall be granted. The letters shall supersede all former 6485
letters testamentary or of administration, deprive the former 6486
executor or administrator of all power, authority, or control over 6487
the estate of the deceased, and entitle the person appointed to 6488
take, demand, and receive the effects of the deceased wherever 6489
they are found.6490

       In every case of the revocation of letters under this 6491
section, the bond given by the former executor or administrator 6492
shall be prosecuted and a recovery had on the bond to the full 6493
extent of any injury sustained by the estate of the deceased by 6494
the former executor's or administrator's acts or omissions, and to 6495
the full value of all the property of the deceased received and 6496
not administered by himthe former executor or administrator.6497

       Sec. 2115.06.  The real estateproperty and personal property 6498
comprised in the inventory required by section 2115.02 of the 6499
Revised Code, unless an appraisement thereofof that real property 6500
or personal property has been dispensed with by an order of the 6501
probate court, shall be appraised by one suitable disinterested 6502
person appointed by the executor or administrator, subject to the 6503
approval of the court and sworn to a faithful discharge of histhe6504
trust. The executor or administrator, subject to the approval of 6505
the court, may appoint separate appraisers of property located in 6506
any other county and appoint separate appraisers for each asset.6507

       In lieu of the appointment of an appraiser for real property, 6508
the executor or administrator may accept the valuation of the real 6509
property by the county auditor.6510

       If appraisers fail to attend to the performance of their 6511
duty, the executor or administrator, subject to the approval of 6512
the probate judge, may appoint others to supply the place of such 6513
delinquentsthe delinquent appraisers.6514

       Each appraiser shall be paid suchan amount for histhe 6515
appraiser's services asthat is determined by the executor or 6516
administrator, subject to the approval of the probate judge, 6517
taking into consideration histhe appraiser's training, 6518
qualifications, experience, time reasonably required, and the 6519
value of the property appraised. The amount of suchthe fees may 6520
be charged against the estate as part of the cost of the 6521
proceeding.6522

       Sec. 2115.09.  The inventory required by section 2115.02 of 6523
the Revised Code shall contain a particular statement of all 6524
securities for the payment of money that belong to the deceased 6525
and are known to the executor or administrator. SuchThe inventory 6526
shall specify the name of the debtor in each security, the date, 6527
the sum originally payable, the indorsements thereonendorsements 6528
on the securities with their dates, the serial numbers or other 6529
identifying data as to each security, and the sum that, in the 6530
judgment of the appraisers, can be collected on each claim.6531

       SuchThe inventory shall contain a statement of all debts and 6532
accounts belonging to the deceased that are known to suchthe6533
executor or administrator and specify the name of the debtor, the 6534
date, the balance or thing due, and the value or sum that can be 6535
collected thereonon the debt, in the judgment of the appraisers.6536

       SuchThe inventory shall contain an account of all moneys 6537
that belong to the deceased and have come tointo the hands6538
possession or under the control of the executor or administrator. 6539
If none has come tointo the executor's or administrator's hands6540
possession or under the control of the executor or administrator, 6541
the fact shall be stated in the inventory.6542

       The inventory shall contain a statement whether or not, 6543
insofar as it can be ascertained, the filing of an Ohio estate tax 6544
return will be required.6545

       Sec. 2115.10.  The emblements raised by labor, whether 6546
severed or not from the land of the deceased at the time of his6547
the decedent's death, are assets in the handspossession or under 6548
the control of the executor or administrator and shall be included 6549
in the inventory required by section 2115.02 of the Revised Code.6550

       The executor or administrator, or the person to whom hethe 6551
executor or administrator sells suchthe emblements, at all 6552
reasonable times may enter upon the lands to cultivate, sever, and 6553
gather them.6554

       Sec. 2115.11.  The discharge or bequest, in a will, of a debt 6555
or demand of a testator against an executor named thereinin the 6556
will, or against any other person, is not valid as against the 6557
decedent's creditors, but is only a specific bequest of suchthat6558
debt or demand. The amount thereof mustof the debt or demand 6559
shall be included in the inventory of the credits and effects of 6560
the deceased and, if necessary, suchthat amount mustshall be 6561
applied in the payment of histhe decedent's debts. If not 6562
necessary for that purpose, suchthe amount shall be paid in the 6563
same manner and proportion as other specific legacies.6564

       Sec. 2115.12.  The naming of a person as executor in a will 6565
shall not operate as a discharge or bequest of a just claim which6566
that the testator had against suchthat executor. SuchThe claim 6567
shall be included among the assets of the deceased in the 6568
inventory required by section 2115.02 of the Revised Code. The 6569
executor shall be liable for it as for so much money in his hands6570
the possession or under the control of the executor at the time 6571
suchthat debt or demand becomes due, and mustshall apply and 6572
distribute it as part of the personal estateproperty of the 6573
deceased.6574

       Sec. 2115.16.  Upon the filing of the inventory required by 6575
section 2115.02 of the Revised Code, the probate court forthwith6576
shall set a day, not later than one month after the day the 6577
inventory was filed, for a hearing on the inventory.6578

       The executor or administrator may serve notice of the 6579
hearing, or may cause the notice to be served, upon any person who 6580
is interested in the estate. The probate court, after notice to 6581
the executor or administrator, either upon the motion of any 6582
interested party for good cause shown or at its own instance, may 6583
order that notice of the hearing is to be served upon persons the 6584
court designates.6585

       For good cause, the hearing may be continued for the time 6586
that the court considers reasonable. Exceptions to the inventory 6587
or to the allowance for support provided by section 2106.13 of the 6588
Revised Code may be filed at any time prior to five days before 6589
the date set for the hearing or the date to which the hearing has 6590
been continued by any person interested in the estate or in any of 6591
the property included in the inventory, but the time limit for the 6592
filing of exceptions shall not apply in case of fraud or 6593
concealment of assets. When exceptions are filed, notice of them 6594
and the time of the hearing on them forthwith shall be given to 6595
the executor or administrator and histhe attorney of the executor 6596
or administrator by certified mail or by personal service, unless 6597
the notice is waived. At the hearing, the executor or 6598
administrator and any witness may be examined under oath. The 6599
court shall enter its finding on the journal and tax the costs as 6600
may be equitable.6601

       Sec. 2115.17.  When the inventory required by section 2115.02 6602
of the Revised Code has been approved by the probate court, the 6603
appraisement of the real estateproperty as set forth thereinin 6604
the inventory shall be conclusive for all purposes except estate 6605
tax, unless a reappraisal is ordered by the court.6606

       Sec. 2117.01.  No part of the assets of a deceased shall be 6607
retained by an executor or administrator in satisfaction of his6608
the executor's or the administrator's own claim, until it has been 6609
proved to and allowed by the probate court. SuchThat debt is not 6610
entitled to preference over others of the same class.6611

       Sec. 2117.02.  An executor or administrator within three 6612
months after the date of his appointment shall present any claim6613
hethe executor or administrator has against the estate to the 6614
probate court for allowance. The claim shall not be paid unless 6615
allowed by the court. When an executor or administrator presents a 6616
claim amounting to five hundred dollars or more, the court shall 6617
fix a day not less than four nor more than six weeks from its 6618
presentation, when the testimony touching it shall be heard. The 6619
court forthwith shall issue an order directed to the executor or 6620
administrator requiring himthe executor or administrator to give 6621
notice in writing to all the heirs, legatees, or devisees of the 6622
decedent interested in the estate, and to the creditors named in 6623
the order. The notice shall contain a statement of the amount 6624
claimed, designate the time fixed for hearing the testimony, and 6625
be served upon the persons named in the order at least twenty days 6626
before the time for hearing. If any persons mentioned in the order 6627
are not residents of the county, service of notice may be made 6628
upon them by publication for three consecutive weeks in a 6629
newspaper published or circulating in the county, or as the court 6630
may direct. All persons named in the order shall be parties to the 6631
proceeding, and any other person having an interest in the estate 6632
may be made a party.6633

       Sec. 2117.03.  At any time after the presentation by an 6634
executor or administrator of a claim which hethat the executor or 6635
administrator owns against the estate hethe executor or 6636
administrator represents to the probate court for allowance, the 6637
court on its own motion, or on motion by any interested party, may 6638
appoint an attorney to represent the estate, who shall receive 6639
suchthe compensation from the estate asthat may be fixed by the 6640
court. The court shall thereupon require the executor or 6641
administrator to make available to suchthe attorney, for use in 6642
connection with the proceeding, all documents belonging to the 6643
estate relating to the subject matter of suchthe claim.6644

       Sec. 2117.04.  Upon the hearing as to the allowance of an 6645
executor's or administrator's claim against the estate hethe 6646
executor or administrator represents, an appeal may be taken from 6647
a final order or judgment of the probate court upon a matter of 6648
law by any person affected by the order or judgment.6649

       Sec. 2117.08.  When a claim is presented against the estate 6650
of a deceased person, the executor or administrator may require 6651
satisfactory written proof in support of it and also the affidavit 6652
of the claimant that suchthe claim is justly due, that no 6653
payments have been made thereonon the claim, and that there are 6654
no counterclaims against it to histhe claimant's knowledge. Such6655
The affidavit shall set forth any security held for the payment of 6656
saidthe claim and, if the claim is not due, the date of maturity. 6657
If saidthe claim arises out of tort, or if preference in payment 6658
is claimed, the facts in connection with the alleged tort or 6659
showing the right to suchthat preference shall be briefly set 6660
forth.6661

       Sec. 2117.09.  If an executor or administrator doubts the 6662
justice of any claim presented against the estate hethe executor 6663
or administrator represents, hethe executor or administrator may 6664
enter into an agreement in writing with the claimant to refer the 6665
matter in controversy to three disinterested persons, who must6666
shall be approved by the probate judge.6667

       Upon filing the agreement of reference in the probate court 6668
of the county in which the letters testamentary or of 6669
administration were issued, the judge shall docket the cause and 6670
make an order referring the matter in controversy to the referees 6671
selected.6672

       The referees thereupon mustshall proceed to hear and 6673
determine the matter and make their report to the court. The 6674
referees shall have the same powers and be entitled to the same 6675
compensation and the same proceedings shall be followed as if the 6676
reference were made under the provisions for arbitrations under a 6677
rule of the court of common pleas. The court may set aside the 6678
report of the referees, appoint others in their places, or confirm 6679
suchthe report and adjudge costs as in actions against executors 6680
and administrators. The judgment of the court thereupon shall be 6681
valid and effectual.6682

       Sec. 2117.10.  The failure of the holder of a valid lien upon 6683
any of the assets of an estate to present histhe lienholder's6684
claim upon the indebtedness secured by suchthe lien, as provided 6685
in Chapter 2117. of the Revised Codethis chapter, shall not 6686
affect suchthe lien if the same is evidenced by a document 6687
admitted to public record, or is evidenced by actual possession of 6688
the real or personal property whichthat is subject to suchthe6689
lien.6690

       Sec. 2117.13.  If a devisee, legatee, heir, creditor, or 6691
other interested party files in the probate court a written 6692
requisition on the executor or administrator to reject a claim 6693
presented for allowance against the estate hethe executor or 6694
administrator represents, whether the claim has been allowed or 6695
not, but which claim has not been paid in full, and enters into a 6696
sufficient bond running to suchthe executor or administrator, the 6697
amount, terms, and surety of which are to be approved by the 6698
probate judge, the claim shall be rejected by the executor or 6699
administrator. The notice of rejection shall inform the claimant 6700
of the filing of the requisition and of the name of the party 6701
filing the same. The condition of the bond shall be to pay all 6702
costs and expenses of contesting suchthe claim, including such6703
any reasonable fee asthat the court allows to the attorney for 6704
the executor or administrator, in case the claim finally is 6705
allowed in whole, and if suchthe claim is allowed only in part, 6706
to pay suchthat part of the expenses asthat the court may 6707
determine, including suchany reasonable fee asthat the court may 6708
allow to the attorney for the executor or administrator.6709

       Sec. 2117.15.  An executor or administrator may proceed to 6710
pay the debts due from the estate in accordance with Chapters 6711
2113. to 2125. of the Revised Code. If it appears at any time that 6712
the estate is insolvent, the executor or administrator may report 6713
that fact to the court, and apply for any order that hethe 6714
executor or administrator considers necessary because of the 6715
insolvency. In case of insolvency, a creditor who has been paid 6716
according to law shall not be required to make any refund.6717

       Sec. 2117.17. (A) The probate court on its own motion may, 6718
and on motion of the executor or administrator shall, assign all 6719
claims against the estate that have been presented and any other 6720
known valid debts of the estate for hearing on a day certain.6721
Forthwith upon suchUpon the assignment, and in no case less than 6722
ten days before the date fixed for hearing or sucha longer period 6723
asthat the court may order, the executor or administrator shall 6724
cause written notice of the hearing to be served upon the 6725
following persons who have not waived the notice in writing or 6726
otherwise voluntarily entered their appearance:6727

       (A)(1) If it appears that the estate is fully solvent, such6728
the notice shall be given to the surviving spouse and all other 6729
persons having an interest in the estate as devisees, legatees, 6730
heirs, and distributees.6731

       (B)(2) If it appears probable that there will not be 6732
sufficient assets to pay all of the valid debts of the estate in 6733
full, then suchthe notice also shall be given to all creditors 6734
and claimants whose claims have been rejected and whose rights 6735
have not been finally determined by judgment, reference, or lapse 6736
of time.6737

       (B) The notice required by this section shall state that a 6738
hearing concerning the debts has been scheduled, shall set forth 6739
the time and place of the hearing, and shall state that the action 6740
of the executor or administrator in allowing and classifying 6741
claims will be confirmed at suchthe hearing unless cause to the 6742
contrary is shown. The notice shall be served personally or by 6743
certified mail in the manner specified for service of notice of 6744
the rejection of a claim under section 2117.11 of the Revised 6745
Code. Proof of service of the notice to the satisfaction of the 6746
court, by affidavit or otherwise, and all waivers of service shall 6747
be filed in court at the time of the hearing. At any time before 6748
hearing, any interested person may file exceptions in writing to 6749
the allowance or classification of any specific claim. The court 6750
may cause or permit other interested persons to be served with 6751
notice and witnesses to be subpoenaed as may be required to 6752
present the issues fully.6753

       (C) The court, upon the hearing, shall determine whether the 6754
executor or administrator acted properly in allowing and 6755
classifying each claim and shall make an order confirming or 6756
disapproving suchthat action.6757

       (D) An order of the court disapproving the allowance of a 6758
claim shall have the same effect as a rejection of the claim on 6759
the date on which the claimant is served with notice of the 6760
court's order. Notice of the court's order shall be served 6761
personally or by certified mail in the manner specified for 6762
service of notice of the rejection of a claim under section 6763
2117.11 of the Revised Code. An order of the court confirming the 6764
allowance or classification of a claim shall constitute a final 6765
order and shall have the same effect as a judgment at law or 6766
decree in equity, and shall be final as to all persons having 6767
notice of the hearing and as to claimants subsequently presenting 6768
their claims, though without notice of suchthe hearing. In the 6769
absence of fraud, the allowance and classification of a claim and 6770
the subsequent payment of it in good faith shall not be subject to 6771
question upon exceptions to the executor's or administrator's 6772
accounts. The confirmation of a claim by the court shall not 6773
preclude the executor or administrator from thereafter rejecting 6774
the claim on discovery of error in histhe executor's or 6775
administrator's previous action or on requisition as provided in 6776
sections 2117.13 and 2117.14 of the Revised Code.6777

       Sec. 2117.18.  Taxes, penalties, and interest placed on a 6778
duplicate or added by the county auditor or the tax commissioner 6779
because of a failure to make a return or because of a false or 6780
incomplete return for taxation shall be a debt of a decedent and 6781
have the same priority and be paid as other taxes. SuchThose6782
taxes, penalties, and interest shall be collectible out of the 6783
property of the estate either before or after distribution, by any 6784
means provided for collecting other taxes. No distribution or 6785
payment of inferior debts or claims shall defeat suchthat6786
collection;, but no suchthe tax, penalty, or interest canshall 6787
not be added before notice to the executor or administrator, and 6788
before an opportunity is given himto the executor or 6789
administrator to be heard. All taxes omitted by the deceased must6790
shall be charged on the tax lists and duplicate in histhe 6791
deceased's name.6792

       In all such additions to the personal tax lists and duplicate 6793
under this section, each succeeding tax year shall be considered 6794
as beginning at the time of the completion of the annual 6795
settlement of the duplicate for the previous year with the county 6796
treasurer.6797

       Sec. 2117.30. (A) No suit shall be brought against an 6798
executor or administrator by a creditor of the decedent or by any 6799
other party interested in the estate until after five months from 6800
the time of the appointment of the executor or administrator, or 6801
the expiration of the further time allowed by the probate court 6802
for the collection of the assets of the estate, except in the 6803
following cases:6804

       (A)(1) On claims rejected in whole or in part;6805

       (B)(2) For the enforcement of a lien against or involving 6806
title to specific property;6807

       (C)(3) For the recovery of a claim that would not be affected 6808
by the insolvency of the estate;6809

       (D)(4) On account of fraud, conversion, or concealment of 6810
assets;6811

       (E)(5) Any other action as to which a different rule is 6812
prescribed by statute.6813

       (B) When an executor or administrator dies, resigns, or is 6814
removed without having fully administered the estate of the 6815
deceased, the time between histhe executor's or administrator's6816
death, resignation, or removal and the appointment of a successor 6817
shall be excluded in computing the five months or longer period 6818
provided in division (A) of this section. In any event, histhe 6819
executor's or administrator's successor shall not be held to 6820
answer the suit until after the expiration of four months from the 6821
date of the successor's appointment, or a further time allowed him6822
the executor or administrator by the court for the collection of 6823
the assets of the estate.6824

       Sec. 2117.31.  When two or more persons are indebted in a 6825
joint contract, or upon a judgment founded on suchthe joint6826
contract, and either of them dies, histhe decedent's estate shall 6827
be liable thereforfor the debt as if the contract had been joint 6828
and several, or as if the judgment had been against himselfthe 6829
decedent alone. This section shall not affect the rights of a 6830
surety, when certified as such, in a judgment rendered jointly 6831
against himthe surety and histhe surety's principal.6832

       Sec. 2117.34.  No execution against the assets of an estate 6833
shall issue upon a judgment against an executor or administrator 6834
unless upon the order of the probate court whichthat appointed 6835
himthe executor or administrator. If an account has been rendered 6836
by suchthe executor or administrator and settled by the court, 6837
suchthe execution shall issue only for the sum that appeared, on 6838
settlement of suchthe account, to be a just proportion of the 6839
assets applicable to the judgment. The order of the court allowing 6840
suchthe execution shall fix the amount for which the same6841
execution shall issue.6842

       Sec. 2117.35.  All executions against executors and 6843
administrators for debts due from the deceased shall run against 6844
the goods andassets of the estate of the deceased in their hands6845
the possession or under the control of the executors and 6846
administrators.6847

       Sec. 2117.36.  No real estateproperty of a deceased person 6848
whichthat has been aliened or encumbered by the decedent's heirs 6849
prior to the issuing of letters testamentary or of administration 6850
shall be liable while in the handspossession or under the control6851
of a bona fide purchaser for value or to the prejudice of a bona 6852
fide lessee or encumbrancer for value for debts of the deceased 6853
person unless letters testamentary or of administration are 6854
granted within four years from the date of death of suchthe6855
deceased person. No real estateproperty of a deceased person 6856
whichthat has been aliened or encumbered by the decedent's heirs 6857
or devisees after the issueissuance of letters testamentary or of 6858
administration shall be liable while in the handspossession or 6859
under the control of a bona fide purchaser for value or to the 6860
prejudice of a bona fide lessee or encumbrancer for value for 6861
debts of a deceased person unless suit is brought to subject such6862
the real estateproperty to the payment of suchthose debts prior 6863
to the settlement of the executor's or administrator's final 6864
account or what purports to be histhe executor's or 6865
administrator's final account; provided that if suchthe final 6866
account is not filed and settled within four years after the 6867
granting of letters testamentary or of administration, but 6868
excluding for thethese purposes hereof the time that any action 6869
is pending against the executors or administrators for the 6870
establishment or collection of any claim against the deceased, 6871
suchthe real estateproperty so aliened shall not be liable for 6872
the debts of the deceased unless suit is brought to subject such6873
the real estate theretoproperty to those debts within suchthat6874
four-year period. The heir or devisee aliening suchthe real 6875
estateproperty shall be liable for theits value thereof, with 6876
legal interest from the time of alienation, to the creditors of 6877
the deceased in the manner and within the limitations provided by 6878
law. This section does not enlarge or extend the right of the 6879
creditors of any deceased person against histhe deceased person's6880
real estateproperty, or repeal any limitations contained in other 6881
sections of the Revised Code, or apply to mortgages or liens of 6882
record at the time of the death of suchthe deceased person.6883

       Sec. 2117.37.  If a claim is contingent at the time of a 6884
decedent's death and a cause of action subsequently accrues on the 6885
claim, it shall be presented to the executor or administrator, in 6886
the same manner as other claims, before the expiration of one year6887
six months after the date of death of the decedent, or before the 6888
expiration of two months after the cause of action accrues, 6889
whichever is later, except as provided in section 2117.39 of the 6890
Revised Code. The executor or administrator shall allow or reject 6891
the claim in the same manner as other claims are allowed or 6892
rejected. If the claim is allowed, the executor or administrator 6893
shall proceed to pay it. If the claim is rejected, the claimant 6894
shall commence an action on the claim within two months after the 6895
rejection or be forever barred from maintaining an action on the 6896
claim.6897

       Sec. 2117.41.  A claimant whose cause of action accrues as 6898
provided in section 2117.37 of the Revised Code may bring suit to 6899
recover thereonon the claim against the heirs, next of kin, 6900
surviving spouse as next of kin, devisees, and legatees under the 6901
decedent's will, each of whom shall be liable to the claimant in 6902
an amount not exceeding the value of the real and personal estate6903
property that hethe person received under the will or on 6904
distribution of the estate. If, by the will of the deceased, any 6905
part of the estate or any one or more of the devisees and legatees 6906
is made exclusively liable for the debt, in exoneration of the 6907
residue of the estate or of the other devisees or legatees, the 6908
terms of the will shall be complied with in that respect and the 6909
persons and estate so exempt by the will shall be liable for only 6910
so much of the debt asthat cannot be recovered from those first 6911
chargeable therewithwith the debt.6912

       No such suit shall be maintained under this section unless 6913
commenced within six months next after the time when the cause of 6914
action first accrues, except in case the suit is for the balance 6915
due after a payment by the executor or administrator, in which 6916
case suit shall be brought within two months after the final 6917
payment by the executor or administrator. If the person entitled 6918
to bring suchthe suit is under legal disability, hethe person6919
may bring suchthe action within one year after histhe person's6920
disability is removed.6921

       If any of suchthose heirs, next of kin, surviving spouse as 6922
next of kin, devisees, or legatees dies without having paid his6923
the person's just proportion of suchthe debt, histhe executors 6924
or administrators of that deceased person's estate shall be liable 6925
thereforfor that proportion to the extent hethe deceased person6926
would have been if living.6927

       Sec. 2117.42.  If, in the cases specified in section 2117.41 6928
of the Revised Code, more than one person is liable for the debt, 6929
the creditor shall proceed by one action to recover suchthe debt 6930
against all so liable, or as many of them aswho are within the 6931
reach of process. Thereupon, byBy the verdict of a jury if either 6932
party requires it, the court mustshall determine what sum is due 6933
to the plaintiff. TheyThe jury also, according to the equities of 6934
the case, shall decide how much each of the defendants is liable 6935
to pay toward the satisfaction of the debt and the court shall 6936
render judgment accordingly.6937

       No suit shall be dismissed or debarred for not making all the 6938
persons defendants who might have been included as such6939
defendants. In any stage of the cause the court may award process 6940
to bring in other parties and allow amendments necessary to charge 6941
them, as defendants, upon suchthe terms asthat it deems6942
considers reasonable.6943

       If any of the persons who were originally liable for the debt 6944
is insolvent or unable to pay histhe person's proportion, or is 6945
beyond the reach of process, the others nevertheless shall be 6946
liable to the creditor for the whole amount of histhe debt; 6947
except that no one shall be compelled to pay more than the amount 6948
received by himthe person from the decedent's estate.6949

       If, in consequence of insolvency, absence, or other cause, 6950
any of the persons liable for suchthe debt fails to pay histhe 6951
person's just proportion to the creditor, hethe person shall be 6952
liable to indemnify all who, by reason of suchthat person's6953
failure on his part, have paid more than their just proportion of 6954
the debt, such indemnity to be recovered by all of them jointly or 6955
in separate actions, by any one or more of them for his or their 6956
respective parts respectively, at their election.6957

       Sec. 2119.01.  When a person owning property in this state 6958
has disappeared and has not been heard from, after diligent 6959
inquiry and for at least three months, under circumstances that 6960
afford reasonable ground to believe that hethe person is dead, 6961
cannot return, or refuses to return to histhe person's home, and 6962
histhe person's estate requires attention, supervision, and care, 6963
or is needed for the maintenance of histhe person's dependents, 6964
the probate court may, on application of the spouse or of one of 6965
the next of kin, may appoint a trustee to take possession and 6966
charge of the property of suchthe person, other than the property 6967
with respect to which suchthe person has made provision by 6968
written instrument designating an agent or attorney in fact. Such6969
The application shall be filed in the county in which suchthe6970
person last resided or if histhe person's last known residence 6971
was withoutoutside this state, suchthe application may be filed 6972
in any county in which any suchthat property is situated.6973

       Sec. 2119.02.  The probate court, before appointing a trustee 6974
for an absentee, shall cause notice of the filing of the 6975
application under section 2119.01 of the Revised Code and of the 6976
time and place of hearing thereonon the application to be 6977
published once a week for four consecutive weeks in somea6978
newspaper of general circulation in the county and shall cause 6979
copies of suchthe notice to be mailed to the spouse and next of 6980
kin of the absentee residing within the state, exceptingexcept6981
the applicant, and to the absentee residing at histhe absentee's6982
last known address. The court may order notice to be given to such6983
any other persons in suchthe manner asthat it deemsconsiders6984
best.6985

       Sec. 2119.03. (A) The trustee appointed under section 2119.01 6986
of the Revised Code may proceed without order of the probate court 6987
to do the following:6988

       (A) To take(1) Take possession of the property of the 6989
absentee wherever situated within the state;6990

       (B) To collect(2) Collect all debts due to the absentee;6991

       (C) To retain(3) Retain and invest the estate in accordance 6992
with Chapters 2113. to 2125. of the Revised Code.6993

       (B) The trustee may pay suchthat part or all of the income 6994
or principal of the estate as the court, from time to time, may 6995
direct for the maintenance and support of the absentee's 6996
dependents and, under the order of the court, may bring and defend 6997
suits on behalf of the absentee, compromise claims in favor of and 6998
against the absentee, and pay suchany debts of the absentee as6999
that the court finds necessary for the protection of histhe 7000
absentee's dependents, including insurance premiums, orders for an 7001
award of spousal support, and other obligations. The court may 7002
make suchany other orders asthat it deemsconsiders proper for 7003
the care and custody of the property and its proceeds.7004

       Sec. 2119.04.  In order to provide money for the payments 7005
authorized by section 2119.03 of the Revised Code, proceedings may 7006
be had for the mortgaging, leasing, or sale of the real estate7007
property of an absentee in the same manner as provided by sections 7008
2127.01 to 2127.43, inclusive, of the Revised Code, for sales of 7009
real estateproperty by executors and administrators. The probate 7010
court, upon notice to the spouse and suchany other persons and in 7011
suchthe manner asthat the court directs, may order all or any 7012
part of the personal estateproperty to be sold.7013

       Sec. 2119.05.  If at any time the absentee returns and makes 7014
application to the probate court for the termination of the trust 7015
established under section 2119.01 of the Revised Code, the court 7016
shall, on notice to the trustee and other interested parties, 7017
order the trustee to file hisa final account and on settlement 7018
thereofof the account shall terminate the trust and order all 7019
remaining property returned. If an executor, administrator, or 7020
guardian is appointed for the estate of suchthe absentee, the 7021
court shall thereupon order the trustee to file hisa final 7022
account and on settlement thereofof the account shall terminate 7023
the trust and order all of the property remaining in the hands7024
possession or under the control of the trustee to be delivered to 7025
the fiduciary entitled theretoto the property.7026

       Sec. 2121.01.  (A) Except as provided in division (B) of this 7027
section, a presumption of the death of a person arises upon either 7028
of the following:7029

       (1) When the person has disappeared and been continuously 7030
absent from histhe person's place of last domicile for a 7031
five-year period without being heard from during the period;7032

       (2) When the person has disappeared and been continuously 7033
absent from histhe person's place of last domicile without being 7034
heard from and was at the beginning of histhe person's absence 7035
exposed to a specific peril of death, even though the absence has 7036
continued for less than a five-year period.7037

       (B) When a person who is on active duty in the armed services 7038
of the United States has been officially determined to be absent 7039
in a status of "missing" or "missing in action," a presumption of 7040
death arises when the head of the federal department concerned has 7041
made a finding of death pursuant to the "Federal Missing Persons 7042
Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended and 7043
hereafter amended.7044

       Sec. 2121.02.  (A) When such a presumption of death arises 7045
under section 2121.01 of the Revised Code with respect to a person 7046
who at the time of disappearance was domiciled in this state, the 7047
attorney general of this state or any person entitled under the7048
last will of suchthe presumed decedent or under Chapter 2105. of 7049
the Revised Code to any share in the presumed decedent's property 7050
within this state, or any person or entity who, under the terms of 7051
any contract, beneficiary designation, trust, or otherwise, may be 7052
entitled to any property, right, or interest by reason of the 7053
death of the presumed decedent, may file a complaint setting forth 7054
the facts whichthat raise the presumption of death in the probate 7055
court of the county of the presumed decedent's last residence.7056

       (B) When a presumption of death arises pursuant to section 7057
2121.01 of the Revised Code with respect to a person who at the 7058
time of the person's disappearance was domiciled at a place other 7059
than within the state, and the presumed decedent owns real 7060
property within this state, the complaint may be filed in the 7061
county where any part of the real property of the presumed 7062
decedent is located by any of the persons or entities referred to 7063
in division (A) of this section, or by any domiciliary executor or 7064
administrator of the decedent. A foreign fiduciary shall include 7065
with the complaint an exemplified copy of the domiciliary 7066
proceedings pursuant to which the foreign fiduciary was appointed.7067

       (C) In the case of a presumed decedent who was domiciled in 7068
this state, the complainant shall name as parties defendant the 7069
presumed decedent and each of the following that do not join in 7070
the complaint:7071

       (1) The presumed decedent's surviving spouse, if any;7072

       (2) All persons known to the complainant who are entitled 7073
under the presumed decedent's last will and all persons who are 7074
entitled under Chapter 2105. of the Revised Code to any share of 7075
the presumed decedent's property;7076

       (3) All persons or entities known to the complainant who have 7077
or would have by reason of the presumed decedent's death any right 7078
or interest under any contract, beneficiary designation, trust, or 7079
otherwise;7080

       (4) All contract obligors known to the complainant whose 7081
rights or obligations would be affected by a determination that 7082
the presumed decedent is in fact dead.7083

       (D) In the case of a presumed decedent who was not domiciled 7084
in this state but who owned real estateproperty in this state, 7085
the complainant shall name as parties defendant each of the 7086
following that do not join in the complaint:7087

       (1) The presumed decedent's surviving spouse, if any;7088

       (2) All persons known to the complainant who are entitled 7089
under the presumed decedent's last will and all persons who are 7090
entitled under Chapter 2105. of the Revised Code to any share of 7091
the presumed decedent's real property within this state.7092

       (E) All parties defendant, other than the presumed decedent, 7093
shall be served with summons in the same manner as provided by the 7094
Rules of Civil Procedure.7095

       (F) The complainant shall cause to be advertised once a week 7096
for four consecutive weeks in a newspaper published in the county, 7097
the fact that the complaint has been filed together with a notice 7098
that on a day certain, whichthat shall be at least four weeks 7099
after the last appearance of the advertisement, or after the final 7100
publication where any defendant is being served by publication, 7101
whichever is later, the probate court will hear evidence relevant 7102
to the allegations of the complaint.7103

       (G) No guardian ad litem, trustee for the suit, or other 7104
representative shall be required to be appointed to represent the 7105
presumed decedent in the proceeding.7106

       Sec. 2121.05.  (A) Except as provided otherwise in Chapter 7107
2121. of the Revised Codethis chapter, all of the proceedings for 7108
the probate of the decedent's last will, if any, and all the 7109
proceedings, domiciliary or ancillary, for the administration of 7110
the decedent's estate that are set forth in the Revised Code for 7111
use upon the death of a decedent, shall upon the signing of the 7112
decree of presumed death be instituted and carried on in the same 7113
manner as if the presumed decedent were in fact dead. All acts 7114
pursuant to these proceedings shall be as valid as if the presumed 7115
decedent were in fact dead.7116

       (B) Following the decree the court may make suchany7117
supplementary orders asthat in its discretion are necessary to 7118
consummate any right or interest arising by reason of the death of 7119
the presumed decedent under any contract, trust, or other 7120
nonprobate property interest of any person or entity who was a 7121
party to the proceedings. The court may condition the granting of 7122
any suchthat order by requiring any person or entity who would 7123
benefit therebyby the order to furnish bond for a three-year 7124
period after the decree in the form and amount, with or without 7125
sureties, as the court shall order. If any supplementary order is 7126
directed to the holder of assets of the presumed decedent which7127
that were created by the decree of presumed death, the court, at 7128
the request of the party defendant to whom the order is directed, 7129
shall condition the granting of any suchthat order by requiring 7130
any person or entity who would benefit therebyby the order to 7131
furnish a suretyship bond for a three-year period after the decree 7132
in the amount of the assets so created by the decree with interest 7133
for the period of the bond at the rate specified in the order.7134

       (C) The term "assets of the presumed decedent whichthat were 7135
created by the decree of presumed death" as used in division (B) 7136
of this section and division (D) of section 2121.08 of the Revised 7137
Code, means those potential assets of the presumed decedent in 7138
which the presumed decedent had a contractual or other right, 7139
contingent upon the presumed decedent's death, to have suchthose7140
assets paid to histhe presumed decedent's designee and the decree 7141
of presumed death would fulfill the contingency. Only that portion 7142
of the proceeds of life insurance policies on the life of the 7143
presumed decedent that exceeds any net cash surrender value of 7144
suchthe policies on the date of the decree is within the 7145
definition of the term "assets of the presumed decedent whichthat7146
were created by the decree of presumed death."7147

       (D) The bond shall provide that, if within the three-year 7148
period after the decree is entered by the court it is established 7149
that the presumed decedent is alive, suchthe person or entity 7150
shall on the subsequent order of the court refund or return any 7151
sums, with interest as provided in the court order, or property 7152
received by virtue of suchthe order, to the presumed decedent or 7153
to the person or entity who, by reason of the erroneous finding of 7154
death of the presumed decedent, made suchthe payment or delivered7155
suchthe property. The bond shall be further conditioned on 7156
returning the fair value of the property if the same shall have 7157
been sold or otherwise disposed of in the interim.7158

       (E) If the person or entity who would benefit by an order, as 7159
provided in division (B) of this section, fails to provide a bond 7160
for the amount of the assets of the presumed decedent whichthat7161
were created by the decree, with interest as specified in the 7162
order, the holder shall hold those assets for the three-year 7163
period they would have been bonded. In that event, the holder 7164
shall pay interest at the same rate specified in the order as a 7165
condition of the bond and the interest shall accumulate and be 7166
held throughout that period.7167

       (F) Nothing in this section shall preclude suchthe person or 7168
entity from selling, encumbering, or otherwise disposing of any 7169
property so received and any purchaser, transferee, or mortgagee 7170
acquires good title to suchthe property free and clear of any 7171
claim of the presumed decedent.7172

       Sec. 2121.06.  Upon the signing of the decree establishing 7173
the death of the presumed decedent, the real estateproperty of 7174
the presumed decedent passes and devlovesdevolves as in the case 7175
of actual death, and the persons entitled by will, or under 7176
Chapter 2105. of the Revised Code, may enter and take possession. 7177
Persons taking the real estateproperty may sell or mortgage it 7178
and the purchaser or mortgagee takes a good title, free and 7179
discharged of any interest or claim of the presumed decedent. The 7180
persons taking suchthe real estateproperty shall not sell, 7181
convey, or mortgage any part thereofof the property within the 7182
three-year period specified in section 2121.08 of the Revised Code 7183
without first giving bond in an amount to be fixed by the probate 7184
court and with sureties to be approved by the court. In the 7185
discretion of the court the bond may be taken without sureties. 7186
SuchThe bond shall be conditioned to account for and pay over to 7187
the presumed decedent, in case within the three-year period after 7188
the decree is entered by the court it is established that the 7189
presumed decedent is still alive, the value of the real estate7190
property sold or conveyed, or in the case of the making of a 7191
mortgage, to pay the amount of the mortgage and interest thereon7192
on the mortgage, or in case of a foreclosure of suchthat7193
mortgage, to account for and pay over the value of the real estate7194
property mortgaged.7195

       Sec. 2121.08.  (A) The probate court may at any time within a 7196
three-year period from the date of the decree establishing the 7197
death of a presumed decedent, upon proof satisfactory to the court 7198
that the presumed decedent is in fact alive, vacate the decree 7199
establishing the presumption of his death. After the decree has 7200
been vacated all the powers of the executor or administrator of 7201
the presumed decedent cease, but all proceedings had and steps 7202
taken with respect to the administration of the estate of the 7203
presumed decedent prior to the vacating of suchthe decree remain 7204
valid. The executor or administrator of the estate of suchthe7205
presumed decedent who is found to be alive shall settle histhe7206
account of histhe executor's or administrator's administration 7207
down to the time of the vacating of the decree and shall transfer 7208
all assets remaining in his handsthe possession or under the 7209
control of the executor or administrator to the person as whose7210
for whom the executor or administrator he has actedis acting, or 7211
to suchthat person's authorized agent or attorney.7212

       (B) The title of any person to any money, property, right, or 7213
interest as surviving spouse, next of kin, heir, legatee, devisee, 7214
co-owner with right of survivorship, beneficiary or other 7215
contractual payee, successor to a trust interest, or otherwise of 7216
the presumed decedent shall be subject to this section, and upon 7217
vacating of suchthe decree as provided in this section any 7218
property, money, right, or interest, or theits fair value thereof7219
if the same shall have been sold or otherwise disposed of, may be 7220
recovered from the person who had received any suchthat property, 7221
money, right, or interest.7222

       (C) Except as provided in division (D) of this section, in 7223
any action against a beneficiary for the recovery of property or 7224
the value thereofof the property, or upon the bond given as 7225
condition for delivery of money, other personal property, or sale 7226
or encumbrance of real property, the beneficiary may set off as 7227
against suchthat claim, an allowance for services rendered in 7228
maintaining or preserving the property, and for any moneys or 7229
other considerations made or given by the beneficiary for the 7230
preservation, care, or maintenance of the property during the 7231
period of absence of the person erroneously presumed to be dead, 7232
and the reasonable value of any part of the property used for 7233
support by those whom the person erroneously presumed to be dead 7234
had a legal obligation to support during histhe person's absence.7235

       (D) There shall be no set off as against those assets defined 7236
in division (C) of section 2121.05 of the Revised Code to be 7237
assets of the presumed decedent whichthat were created by the 7238
decree of presumed death. Those assets created by the erroneous 7239
decree of presumed death shall be returned with interest to the 7240
person entitled theretoto them.7241

       (E) Any net cash surrender value on any policies of life 7242
insurance on the life of a person erroneously presumed to be dead 7243
are subject to the set off provision in division (C) of this 7244
section. The person erroneously presumed to be dead, or persons 7245
claiming under himthe person erroneously presumed to be dead, may 7246
recover whatever remains of cash values from the person to whom 7247
paid. SuchThe claimants have no recourse against the insurance 7248
company whichthat made suchthe payments, and it is discharged 7249
from liability on the policies affected.7250

       Sec. 2121.09.  After vacation of the decree of the 7251
presumption of death has been established, as provided by section 7252
2121.08 of the Revised Code, the person erroneously presumed to be 7253
dead may, on motion filed of record stating the facts, may be 7254
substituted as plaintiff or petitioner in all actions or 7255
proceedings brought by the executor or administrator, whether 7256
prosecuted to judgment or decree or otherwise. SuchThat person 7257
may, in all actions or proceedings previously brought against the 7258
executor or administrator, may be substituted as defendant or 7259
respondent, on motion filed by himthe person or on histhe 7260
person's behalf, but shall not be compelled to go to trial in less 7261
than three months from the time of filing of suchthe motion. 7262
Judgments or decrees recovered against the executor or 7263
administrator, before the vacation of the decree, may be opened on 7264
application made by the person erroneously presumed to be dead 7265
within three months after the vacating of the decree, provided it 7266
is supported by an affidavit alleging the existence of facts which7267
that would be a valid defense. If the application is not made 7268
within the three months or is made but the supporting alleged 7269
facts are adjudged an insufficient defense, the judgment or decree 7270
is conclusive to all intents, saving the defendant's right to 7271
review as in other cases on appeal.7272

       Sec. 2123.02.  In a situation described in section 2123.01 of 7273
the Revised Code, the executor or administrator may file in the 7274
probate court of the county where the estate is being administered 7275
a petitioncomplaint signed by suchthe executor or administrator 7276
or histhe executor's or administrator's attorney, which petition7277
complaint shall be verified. The surviving spouse and the legatees 7278
and devisees, or the heirs and distributees of the decedent, 7279
including those whose names are unknown, shall be made parties 7280
defendant. The petitioncomplaint shall contain a concise 7281
statement of the pertinent facts and shall conclude with a prayer, 7282
for the determination of the heirs and distributees of suchthe7283
decedent or of the devisees or legatees not named in the will and 7284
their respective interests in the estate.7285

       Sec. 2123.03.  Upon the filing of the petitioncomplaint7286
mentioned in section 2123.02 of the Revised Code, the same 7287
proceedings, pleadings, and rule days as in civil actions in the 7288
court of common pleas shall apply. All parties defendant who are 7289
known to be residents of the state and whose placeplaces of 7290
residence isare known shall be served with summons, as provided 7291
for the service of summons in civil actions in suchthat court.7292

       Sec. 2123.05.  At the time assigned for the hearing of a 7293
proceeding set forth under section 2123.01 of the Revised Code, or 7294
at any time to which saidthe hearing may be adjourned, the 7295
probate court may hear proof taken by commission, or by witnesses 7296
produced in open court, of the facts set forth in the petition7297
complaint, and shall, if satisfied from the evidence, find and 7298
adjudge who are or were the heirs or next of kin of the decedent, 7299
and entitled by the laws of this state to inherit the estate of 7300
the deceased, or the devisees or legatees named or unnamed in the 7301
will, which. The finding and adjudication shall be entered on the 7302
journal of the court, which entry, or a certified copy thereofof 7303
the entry, shall be prima facie evidence of the facts therein7304
found.7305

       Sec. 2123.06.  Whenever it is necessary for any person other 7306
than an executor or administrator to determine who are or were the 7307
heirs at law of a deceased person, on the petitioncomplaint of 7308
any interested party and proceedings likesimilar to those set 7309
forth in sections 2123.01 to 2123.05, inclusive, of the Revised 7310
Code, the probate court may make a determination thereofof who 7311
are or were the heirs at law of the deceased person.7312

       Sec. 2127.011.  (A) In addition to the other methods provided 7313
by law or in the will and unless expressly prohibited by the will, 7314
an executor or administrator may sell at public or private sale, 7315
grant options to sell, exchange, re-exchange, or otherwise dispose 7316
of any parcel of real estateproperty belonging to the estate at 7317
any time at prices and upon terms asthat are consistent with this 7318
section and may execute and deliver deeds and other instruments of 7319
conveyance if all of the following conditions are met:7320

       (1) The surviving spouse, all of the legatees and devisees in 7321
the case of testacy, and all of the heirs in the case of 7322
intestacy, give written consent to a power of sale for a 7323
particular parcel of real estateproperty or to a power of sale 7324
for all the real estateproperty belonging to the estate. Each 7325
consent to a power of sale provided for in this section shall be 7326
filed in the probate court.7327

       (2) Any sale under a power of sale authorized pursuant to 7328
this section shall be made at a price of at least eighty per cent 7329
of the appraised value, as set forth in an approved inventory.7330

       (3) No power of sale provided for in this section is 7331
effective if the surviving spouse,or any legatee, devisee, or 7332
heir is a minor. No person may give the consent of the minor that 7333
is required by this section.7334

       (B) A surviving spouse who is the executor or administrator 7335
may sell real estateproperty to himselfself pursuant to this 7336
section.7337

       Sec. 2127.02.  As soon as an executor or administrator 7338
ascertains that the personal property in his handsthe possession 7339
or under the control of the executor or administrator is 7340
insufficient to pay all the debts of the decedent, together with 7341
the allowance for support to the surviving spouse, minor children, 7342
or surviving spouse and minor children of the decedent as provided 7343
in section 2106.13 of the Revised Code, and the costs of 7344
administering the estate, hethe executor or administrator shall 7345
commence a civil action in the probate court for authority to sell 7346
the decedent's real property.7347

       Sec. 2127.04.  (A) With the consent of all persons entitled 7348
to share in an estate upon distribution, the executor, 7349
administrator, or administrator with the will annexed may, and 7350
upon the request of these persons shall, commence an action in the 7351
probate court for authority to sell any part or all of the 7352
decedent's real estateproperty, even though the real estate7353
property is not required to be sold to pay debts or legacies. A 7354
guardian may make a request under this division, or give consent, 7355
on behalf of the guardian's ward.7356

       (B) An executor, administrator, or administrator with the 7357
will annexed may commence an action in the probate court, on the 7358
executor or administrator's own motion, to sell any part or all of 7359
the decedent's real estateproperty, even though the real estate7360
property is not required to be sold to pay debts or legacies. The 7361
court shall not issue an order of sale in the action unless one of 7362
the categories specified in divisions (B)(1)(a), (b), and (c), 7363
(B)(2)(a), (b), and (c), and (B)(3) of this section applies:7364

       (1)(a) At least fifty per cent of all the persons interested 7365
in the real estateproperty proposed to be sold have consented to 7366
the sale.7367

       (b) Prior to the issuance of the order, no written objection 7368
is filed with the court by any person or persons who hold 7369
aggregate interests in the interest of the decedent in the real7370
estateproperty proposed to be sold, that total in excess of 7371
twenty-five per cent.7372

       (c) The court determines that the sale is in the best 7373
interest of the decedent's estate.7374

       (2)(a) No person's interest in the interest of the decedent 7375
in the real estateproperty proposed to be sold exceeds ten per 7376
cent.7377

       (b) Prior to the issuance of the order, no written objection 7378
is filed with the court by any person or persons who hold 7379
aggregate interests in the interest of the decedent in the real7380
estateproperty proposed to be sold, that total in excess of 7381
twenty-five per cent.7382

       (c) The court determines that the sale is in the best 7383
interest of the decedent's estate.7384

       (3) The real estateproperty proposed to be sold escheats to 7385
the state under division (K) of section 2105.06 of the Revised 7386
Code.7387

       (C) Notwithstanding any provision of the Revised Code, an 7388
executor, administrator, or administrator with the will annexed 7389
shall commence an action in the probate court to sell any part or 7390
all of the decedent's real estateproperty if any person who is 7391
entitled to inherit all or part of the real estateproperty cannot 7392
be found after a due and diligent search. The court shall not 7393
issue an order of sale in the action unless the sale is in the 7394
best interest of the person who cannot be found and in the best 7395
interest of the decedent's estate.7396

       If a sale is ordered under this division, the costs of its 7397
administration shall be taken from the proceeds of the sale.7398

       (D) A surviving spouse who is an executor or administrator of 7399
the decedent spouse's estate is not disqualified, by reason of 7400
being executor or administrator, as a person to whom a parcel of 7401
real estateproperty may be sold pursuant to this section.7402

       Sec. 2127.05.  Whenever necessary for the education, support, 7403
or the payment of the just debts of the ward, or for the discharge 7404
of liens on the real estateproperty of the ward, or wherever7405
whenever the real estateproperty of the ward is suffering 7406
unavoidable waste, or a better investment of its value can be 7407
made, or whenever it appears that a sale of the real estate7408
property will be for the benefit of the ward or histhe ward's7409
children, the guardian of the person and estate or of the estate 7410
only of a minor, person unable to manage histhe person's property 7411
because of mental illness or deficiency, habitual drunkard, 7412
confined person, or other person under disability may commence a 7413
civil action in the probate court for authority to sell all or any 7414
part of the real estateproperty of the ward. If it appears to the 7415
advantage of the ward to lay out all or any part of the landreal 7416
property in town lots, application for suchthat authority may 7417
also be made in the action.7418

       When the same person is guardian for two or more wards whose 7419
real estateproperty is owned by them jointly or in common, the 7420
actions may be joined, and in one complaint the guardian may ask 7421
for the sale of the interest of all or any number of histhe 7422
guardian's wards in the real estateproperty. If different persons 7423
are guardians of wards interested jointly or in common in the same 7424
real estateproperty, they may join as parties plaintiff in the 7425
same action. On the hearing, in either case, the court may 7426
authorize the sale of the interest of one or more of the wards.7427

       Sec. 2127.06.  If the fiduciary who brings an action under 7428
section 2127.01 to 2127.43, inclusive, of the Revised Code, dies, 7429
resigns, or is removed, or histhe fiduciary's powers cease at any 7430
time before the real estateproperty sold is conveyed, a successor 7431
fiduciary may be substituted as a party to the action and may 7432
convey landreal property, whether sold before or after histhe 7433
successor fiduciary's appointment. HeThe successor fiduciary may 7434
also be required to give an additional bond.7435

       Sec. 2127.07.  Any interest in real estateproperty, whether 7436
legal or equitable, whichthat the deceased had a right to sell or 7437
dispose of at the time of his deceasethe deceased's death, or of 7438
which the ward was seized at the time the action was brought, 7439
including coal, iron ore, limestone, fireclay, or other mineral 7440
upon or under suchthe real estateproperty, or the right to mine 7441
them, may be sold by an executor, administrator, or guardian under 7442
sections 2127.01 to 2127.43, inclusive, of the Revised Code. This 7443
section does not give an executor or administrator with the will 7444
annexed authority to sell real estateproperty for the payment of 7445
legacies, other than as charged by the testator or by operation of 7446
law. This section does not give a guardian authority to sell an 7447
equitable estate in real estateproperty placed by deed of trust, 7448
beyond the power of the ward to sell, convey, or assign.7449

       Sec. 2127.08.  When the interest of a decedent or ward in 7450
real estateproperty is fractional and undivided, the action for 7451
authority to sell suchthe real estateproperty shall include only 7452
suchthe undivided fractional interest, except that the executor, 7453
administrator, or guardian, or the owner of any other fractional 7454
interest, or any lien holder may, by pleading filed in the cause 7455
setting forth all interests in the property and liens thereonon 7456
the property, require that the action include the entire interest 7457
in the property, and the owner of saidthe interests and liens 7458
shall receive histhe owner's respective share of the proceeds of 7459
sale after payment has been made of the expenses of sale including 7460
reasonable attorney fees for services in the case, which. Those7461
fees mustshall be paid to the plaintiff's attorney unless the 7462
court awards some part thereofof the fees to other counsel for 7463
services in the case for the common benefit of all the parties, 7464
having regard to the interest of the parties, the benefit each may 7465
derive from the sale, and the equities of the case. The fees of 7466
the executor, administrator, or guardian shall be a charge only 7467
against suchthe portion of the proceeds of sale asthat7468
represents the interests of the decedent or ward.7469

       Sec. 2127.09.  An action by an executor, administrator, or 7470
guardian to obtain authority to sell real estateproperty shall be 7471
brought in the county in which hethe executor, administrator, or 7472
guardian was appointed or in which the real estateproperty7473
subject to sale or any part thereofof the property is situated. 7474
If the action is brought in a county other than that in which the 7475
real estateproperty or a part thereofof the property is 7476
situated, a certified transcript of the record of all proceedings 7477
had thereinin that county shall be filed with and recorded by the 7478
probate court of each county in which suchthe real estate7479
property or any part thereofof the property is situated.7480

       Sec. 2127.10.  An action to obtain authority to sell real 7481
estateproperty shall be commenced by the executor, administrator, 7482
or guardian by filing a complaint with the probate court.7483

       The complaint shall contain a description of the real estate7484
property proposed to be sold and its value, as near as can be 7485
ascertained, a statement of the nature of the interest of the 7486
decedent or ward in the real estateproperty, a recital of all 7487
mortgages and liens upon and adverse interests in the real estate7488
property, the facts showing the reason or necessity for the sale, 7489
and any additional facts necessary to constitute the cause of 7490
action under the section of the Revised Code on which the action 7491
is predicated.7492

       Sec. 2127.11.  When the actual market value of a decedent's 7493
or ward's real estateproperty to be sold is less than three 7494
thousand dollars, and the court so finds, it may by summary order 7495
authorize the sale and conveyance of the landreal property at 7496
private sale, on suchthe terms asthat it deemsconsiders proper, 7497
and in such athat proceeding, all requirements of sections 7498
2127.01 to 2127.43 of the Revised Code, as to service of summons, 7499
appraisal, and additional bond, shall be waived.7500

       Sec. 2127.12.  In an action by an executor or administrator 7501
to obtain authority to sell real estateproperty, the following 7502
persons shall be made parties defendant:7503

       (A) The surviving spouse;7504

       (B) The heirs, devisees, or persons entitled to the next 7505
estate of inheritance from the decedent in the real estate7506
property and having an interest in it, but their spouses need not 7507
be made parties defendant;7508

       (C) All mortgagees and other lienholders whose claims affect 7509
the real estateproperty or any part of it;7510

       (D) If the interest subject to sale is equitable, all persons 7511
holding legal title to the interest or any part of it, and those 7512
who are entitled to the purchase money for it, other than 7513
creditors;7514

       (E) If a fraudulent transfer is sought to be set aside, all 7515
persons holding or claiming under the transfer;7516

       (F) All other persons having an interest in the real estate7517
property.7518

       Sec. 2127.13.  In an action by a guardian to obtain authority 7519
to sell the real estateproperty of histhe guardian's ward the 7520
following persons shall be made parties defendant:7521

       (A) The ward;7522

       (B) The spouse of the ward;7523

       (C) All persons entitled to the next estate of inheritance 7524
from the ward in suchthe real estateproperty who are known to 7525
reside in Ohio, but their spouses need not be made parties 7526
defendant;7527

       (D) All lienholders whose claims affect suchthe real estate7528
property or any part thereofof the property;7529

       (E) If the interest subject to suchthe sale is equitable, 7530
all persons holding legal title theretoto the real property or 7531
any part thereofof the property;7532

       (F) All other persons having an interest in suchthe real 7533
estateproperty, other than creditors.7534

       Sec. 2127.14.  Service of summons, actual or constructive, in 7535
an action to sell the real estateproperty of a decedent or a ward 7536
shall be had as in other civil actions, but if any competent 7537
person in interest enters appearance or consents in writing to the 7538
sale, service on suchthat person shall not be necessary. If all 7539
parties consent in writing to the sale, an order thereforfor the 7540
sale may issue forthwith.7541

       Sec. 2127.15.  All pleadings and proceedings in an action to 7542
obtain authority to sell the real estateproperty of a decedent or 7543
a ward in the probate court shall be the same as in other civil 7544
actions, except as otherwise provided in sections 2127.01 to 7545
2127.43 of the Revised Code.7546

       Sec. 2127.16.  In a sale of real estateproperty by an 7547
executor, administrator, or guardian, suchthe real estate7548
property shall be sold free of all right and expectancy of dower 7549
thereinin the property, but out of the proceeds of the sale, in 7550
lieu of dower, the court shall allow to the person having any 7551
dower interest in the property sucha sum in money asthat is the 7552
just and reasonable value of suchthe dower, unless the answer of 7553
suchthe person waives suchthat allowance.7554

       Sec. 2127.17.  In an action to obtain authority to sell real 7555
estateproperty, if a party in histhe party's answer objects to 7556
an order for the sale of real estateproperty by an executor, 7557
administrator, or guardian, and on hearing it appears to the court 7558
that either the complaint or the objection is unreasonable, it may 7559
award costs to the party prevailing on that issue.7560

       Sec. 2127.18.  Upon the hearing of an action to obtain 7561
authority to sell real estateproperty by an executor, 7562
administrator, or guardian, if satisfied that all necessary 7563
parties defendant are properly before the court, and that the 7564
demand for relief ought to be granted, the court may determine the 7565
equities among the parties and the priorities of lien of the 7566
several lien holders on the real estateproperty, and order a 7567
distribution of the money arising from the sale in accordance with 7568
its determination. The court may in the same cause order 7569
contributions among all parties in interest.7570

       Sec. 2127.19.  When an action to obtain authority to sell 7571
real estateproperty is determined by the probate court, the 7572
probate judge shall make the necessary order for an entry of 7573
release and satisfaction of all mortgages and other liens upon the 7574
real estateproperty except suchthe mortgage asthat is assumed 7575
by the purchaser. The executor, administrator, or guardian shall 7576
thereupon enter suchthe release and satisfaction, together with a 7577
memorandum of the title of the case, the character of the 7578
proceedings, and the volume and page of record where recorded, 7579
upon the record of suchthe mortgage, judgment, or other lien in 7580
the office where it appears as matter of record. If the executor, 7581
administrator, or guardian fails to enter suchthe release and 7582
satisfaction, the court may, on the application of an interested 7583
party, may enter suchthe release and satisfaction and tax in his7584
the executor's, administrator's, or guardian's cost bill the fee 7585
provided by law for entering suchthe release and satisfaction, 7586
and a fee of twenty-five cents to the court.7587

       Sec. 2127.21.  If a guardian's complaint in an action to 7588
obtain authority to sell real estateproperty seeks to have land7589
real property laid out in town lots, and the court finds it to the 7590
advantage of the ward, it shall authorize the survey and platting 7591
of the landreal property as provided by law. Upon subsequent 7592
return of the survey and plat, the court, if it approves it, shall 7593
authorize the guardian on behalf of histhe guardian's ward to 7594
sign, seal, and acknowledge the plat in that behalf for record.7595

       Sec. 2127.22.  If an appraisement of the real estateproperty7596
is contained in the inventory required of an executor or 7597
administrator by section 2115.02 of the Revised Code, and of a 7598
guardian by section 2111.14 of the Revised Code, the probate court 7599
may order a sale in accordance with the appraisement, or order a 7600
new appraisement. If a new appraisement is not ordered, the value 7601
set forth in the inventory shall be the appraised value of the 7602
real estateproperty. If the court orders a new appraisement, the 7603
value returned shall be the appraised value of the real estate7604
property.7605

       If the interest of the deceased or ward in the real estate7606
property is fractional and undivided, and if a party requests and 7607
the court orders the entire interest in the real estateproperty7608
to be sold, a new appraisement of the entire interest in the real 7609
estateproperty shall be ordered.7610

       If the relief requested is granted and new appraisement is 7611
ordered, the court shall appoint one, or on request of the 7612
executor, administrator, or guardian, not exceeding three 7613
judicious and disinterested persons of the vicinity, not next of 7614
kin of the complainant, to appraise the real estateproperty in 7615
whole and in parcels at its true value in money. WhereIf the real 7616
estateproperty lies in two or more counties the court may appoint 7617
appraisers in any or all of the counties in which the real estate7618
property or a part of it is situated.7619

       Sec. 2127.23.  The appraisers appointed under section 2127.22 7620
of the Revised Code shall agree to truly and impartially appraise 7621
the real estateproperty at its fair cash value upon actual view 7622
and to perform the duties required of them by the order of the 7623
court. The appraisement shall be signed by the appraisers, and the 7624
officer to whom it is issued shall make return of it to the court 7625
for confirmation.7626

       Sec. 2127.24. WhenIf a person appointed by the court under 7627
section 2127.22 of the Revised Code as an appraiser fails to 7628
discharge histhe person's duties, the probate judge on histhe 7629
judge's own motion or on the motion of the executor, 7630
administrator, or guardian may appoint another appraiser.7631

       Sec. 2127.27.  Upon the return and approval of the 7632
appraisement provided for by section 2127.22 of the Revised Code, 7633
the court shall require the executor, administrator, or guardian 7634
to execute a bond with two or more personal sureties, or one or 7635
more corporate sureties, whose qualifications shall be those 7636
provided by section 2109.17 of the Revised Code. SuchThe bond 7637
shall be payable to the state in an amount whichthat the court 7638
deemsconsiders sufficient, having regard to the amount of real 7639
estateproperty to be sold, its appraised value, the amount of the 7640
original bond given by the executor, administrator, or guardian, 7641
and the distribution to be made of the proceeds arising from the 7642
sale, and such. The bond shall be conditioned for the faithful 7643
discharge of histhe executor's, administrator's, or guardian's7644
duties and the payment of, and accounting for, all moneys arising 7645
from suchthe sale according to law. SuchThe bond shall be 7646
additional to that given by the executor, administrator, or 7647
guardian at the time of his appointment. If the court finds the 7648
amount of the original bond given by the executor, administrator, 7649
or guardian is sufficient, having regard for the amount of real 7650
estateproperty to be sold, its appraised value, and the 7651
distribution to be made of the proceeds arising from the sale, the 7652
giving of additional bond may be dispensed with by order of the 7653
court. SuchThe bond shall be given in the court from which the 7654
executor, administrator, or guardian received his appointmentwas 7655
appointed.7656

       If the action to obtain authority to sell real estate7657
property is pending in another court, the latter shall proceed no 7658
further until there is filed thereinin that court a certificate 7659
from the court whereinin which the executor, administrator, or 7660
guardian received his appointmentwas appointed, under its seal, 7661
that suchthe bond has been given or that the original bond is 7662
sufficient. This section does not prevent the court in an action 7663
to sell real estateproperty from ordering the sale of suchthat7664
real estateproperty without bond in cases where the testator had 7665
provided by histhe testator's will that the executor need not 7666
give bond.7667

       Sec. 2127.28.  The probate court may, after notice to all 7668
parties in interest, allow a real estate commission in an action 7669
to sell real estateproperty by an executor, administrator, or 7670
guardian, but an allowance shall be passed upon by the court prior 7671
to the sale.7672

       The court may allow payment for certificate or abstract of 7673
title or policy of title insurance in connection with the sale of 7674
any landreal property by an executor, administrator, or guardian.7675

       Sec. 2127.29.  When the bond required by section 2127.27 of 7676
the Revised Code is filed and approved by the court, it shall 7677
order the sale of the real estateproperty included in the 7678
complaint set forth in section 2127.10 of the Revised Code, or the 7679
part of the real estateproperty it deemsconsiders necessary for 7680
the interest of all parties concerned. If the complaint alleges 7681
that it is necessary to sell part of the real estateproperty, and 7682
that by the partial sale the residue of the estatereal property, 7683
or a specific part of it, would be greatly injured, the court, if 7684
it so finds, may order a sale of the whole estatereal property.7685

       Sec. 2127.30.  If the order of sale set forth in section 7686
2127.29 of the Revised Code includes real estateproperty in which 7687
the ward or the estate has an equitable interest only, the court 7688
may make an order for the appraisement and sale of suchthat7689
equitable estate free from dower, for the indemnity of the estate 7690
against any claim for purchase money, and for payment of the value 7691
of suchthe dower in money, as the court deemsconsiders7692
equitable, having regard for the rights of all parties in 7693
interest.7694

       Sec. 2127.32.  The real estateproperty included in the 7695
court's order of sale, as provided in section 2127.29 of the 7696
Revised Code, shall be sold either in whole or in parcels at 7697
public auction at the door of the courthouse in the county in 7698
which the order of sale was granted, or at another place, as the 7699
court directs, and the order shall fix the place, day, and hour of 7700
sale. If it appears to be more for the interest of the ward or the 7701
estate to sell the real estateproperty at private sale, the court 7702
may authorize the complainant to sell it either in whole or in 7703
parcels. If an order for private sale is issued, it shall be 7704
returned by the complainant. Upon motion and showing of a person 7705
interested in the proceeds of the sale, filed after thirty days 7706
from the date of the order, the court may require the complainant 7707
to return the order, if the premises have not been sold. Thereupon7708
Upon return of the order, the court may order the real estate7709
property to be sold at public sale.7710

       If upon showing of any person interested, the court finds 7711
that it will be to the interest of the ward or the estate, it may 7712
order a reappraisement and sale in parcels.7713

       If the sale is to be public, the executor, administrator, or 7714
guardian mustshall give notice of the time and place of the sale 7715
by advertisement at least three weeks successively in a newspaper 7716
published in the county where the lands arereal property is7717
situated.7718

       Sec. 2127.33. WhereIf the sale authorized by a court as 7719
provided in section 2127.32 of the Revised Code is private, the 7720
real estateproperty shall not be sold for less than the appraised 7721
value. WhenIf the sale is at public auction, the real estate7722
property if improved shall not be sold for less than two thirds of 7723
the appraised value, or if not improved, for less than one half of 7724
the appraised value. In private sales if no sale has been effected 7725
after one bona fide effort to sell under this section, or if in 7726
public sales the landreal property remains unsold for want of 7727
bidders when offered pursuant to advertisement, the court may fix 7728
the price for which suchthe real estateproperty may be sold or 7729
may set aside the appraisement and order a new appraisement. If 7730
suchthe new appraisement does not exceed five hundred dollars, 7731
and upon the first offer thereunderunder the new appraisement at 7732
public sale there are no bids, then upon the motion of any party 7733
interested the court may order the real estateproperty to be 7734
readvertised and sold at public auction to the highest bidder.7735

       Sec. 2127.34.  The order for the sale of real estate7736
property, granted by the probate court in an action by an 7737
executor, administrator, or guardian, shall prescribe the terms of 7738
the sale, and payment of the purchase money, either in whole or in 7739
part, for cash, or on deferred payments. In the sales by executors 7740
or administrators, deferred payments shall not exceed two years 7741
with interest.7742

       Sec. 2127.35.  An executor, administrator, or guardian shall 7743
make return of histhe executor's, administrator's, or guardian's7744
proceedings under the order for the sale of real estateproperty7745
granted by the probate court. The court, after careful 7746
examination, if satisfied that the sale has in all respects been 7747
legally made, shall confirm the sale, and order the executor, 7748
administrator, or guardian to make a deed to the purchaser.7749

       The deed shall be received in all courts as prima-facie 7750
evidence that the executor, administrator, or guardian in all 7751
respects observed the direction of the court, and complied with 7752
the requirements of the law, and shall convey the interest in the 7753
real estateproperty directed to be sold by the court, and shall 7754
vest title to the interest in the purchaser as if conveyed by the 7755
deceased in histhe deceased's lifetime, or by the ward free from 7756
disability, and by the owners of the remaining interests in the 7757
real estateproperty.7758

       Sec. 2127.36.  The order for the sale of real estateproperty7759
granted in an action by an executor, administrator, or guardian 7760
shall require that before the delivery of the deed the deferred 7761
installments of the purchase money be secured by mortgage on the 7762
real estateproperty sold, and mortgage notes bearing interest at 7763
a rate approved by the probate court. If after the sale is made, 7764
and before delivery of the deed, the purchaser offers to pay the 7765
full amount of the purchase money in cash, the court may order 7766
that it be accepted, if for the best interest of the estate or the 7767
ward, and direct its distribution.7768

       The court in such anthat order may also direct the sale, 7769
without recourse, of any or all of the notes taken for deferred 7770
payments, if for the best interest of the estate or the ward, at 7771
not less than their face value with accrued interest, and direct 7772
the distribution of the proceeds.7773

       Sec. 2127.37. WhenIf an action to sell real estateproperty7774
is prosecuted by an executor or administrator he, the executor or 7775
administrator shall be allowed the compensation provided by law, 7776
by the probate court from which histhe executor's or 7777
administrator's letters issued. When suchIf that action is by a 7778
guardian, histhe guardian's duties and obligations thereinin the 7779
action shall be considered by the court appointing himthe 7780
guardian in awarding suchthe compensation asthat the court deems7781
considers reasonable.7782

       Sec. 2127.38.  The sale price of real estateproperty sold 7783
following an action by an executor, administrator, or guardian 7784
shall be applied and distributed as follows:7785

       (A) To discharge the costs and expenses of the sale, 7786
including reasonable fees to be fixed by the probate court for 7787
services performed by attorneys for the fiduciary in connection 7788
with the sale, and compensation, if any, to the fiduciary for his7789
services in connection with the sale as the court may fix, which 7790
costs, expenses, fees, and compensation shall be paid prior to any 7791
liens upon the real estateproperty sold and notwithstanding the 7792
purchase of the real estateproperty by a lien holder;7793

       (B) To the payment of taxes, interest, penalties, and 7794
assessments then due against the real estateproperty, and to the 7795
payment of mortgages and judgments against the ward or deceased 7796
person, according to their respective priorities of lien, so far 7797
as they operated as a lien on the real estateproperty of the 7798
deceased at the time of the sale, or on the estate of the ward at 7799
the time of the sale, whichthat shall be apportioned and 7800
determined by the court, or on reference to a master, or 7801
otherwise;7802

       (C)(1) In the case of an executor or administrator, the 7803
remaining proceeds of sale shall be applied as follows:7804

       (1)(a) To the payment of legacies with which the real estate7805
property of the deceased was charged, if the action is to sell 7806
real estateproperty to pay legacies;7807

       (2)(b) To discharge the claims and debts of the estate in the 7808
order provided by law.7809

       (2) Whether the executor or administrator was appointed in 7810
this state or elsewhere, the surplus of the proceeds of sale must7811
shall be considered for all purposes as real estateproperty, and 7812
be disposed of accordingly.7813

       Sec. 2127.39. WhenIf an action to sell real estateproperty7814
is brought by an executor or administrator with the will annexed, 7815
if in the last will of the deceased there is a disposition of his7816
the decedent's estate for the payment of debts, or a provision 7817
that may require or induce the probate court to marshal the assets 7818
differently from the way the law otherwise would prescribe, such7819
those devises, or parts of the will, shall be set forth in the 7820
complaint, and a copy of the will exhibited to the court, 7821
whereupon the court shall marshal the proceeds of the sale 7822
accordingly, so far as it can be done consistently with the rights 7823
of creditors.7824

       Sec. 2127.40.  When an action is brought by an executor or 7825
administrator to sell real estateproperty to pay debts, the real 7826
estateproperty subject to sale shall include all rights and 7827
interests in lands, tenements, and hereditamentsreal property7828
transferred by the decedent in histhe decedent's lifetime with 7829
intent to defraud histhe decedent's creditors, except that lands7830
real property fraudulently transferred cannot be taken from any 7831
person who purchased them for a valuable consideration, in good 7832
faith, and without knowledge of the fraud. No claim to such lands7833
that real property shall be made unless within four years next 7834
after the decease of the grantor.7835

       If real estateproperty fraudulently transferred is to be 7836
included in such anthat action, the executor or administrator, 7837
either before or at the same time, may commence a civil action in 7838
the court of common pleas in the county in which the real estate7839
property is situated to recover possession of it, or, in histhe7840
action for its sale, hethe executor or administrator may allege 7841
the fraud and have the fraudulent transfer avoided. But when the 7842
real estateproperty is included in the complaint before the 7843
recovery of possession by the executor or administrator, the 7844
action shall be brought in the court of common pleas in the county 7845
in which the real estateproperty is situated.7846

       Sec. 2127.41.  If, after the institution of proceedings for 7847
the partition of the real property of a decedent, it is found that 7848
the assets in the handspossession or under the control of the 7849
executor or administrator probably are insufficient to pay the 7850
debts of the estate, together with the allowance for support of 7851
the surviving spouse, minor children, or surviving spouse and 7852
minor children as provided in section 2106.13 of the Revised Code, 7853
the expenses of administration, and the legacies that are a charge 7854
upon the real property, the executor or administrator shall make a 7855
written statement to the probate court of the assets, 7856
indebtedness, expenses, and legacies, and the court forthwith7857
shall ascertain the amount necessary to pay the debts, expenses, 7858
and legacies and give a certificate of the amount to the executor 7859
or administrator.7860

       The executor or administrator then shall present the 7861
certificate to the court in which the proceedings for partition 7862
are or have been pending, and, on histhe motion of the executor 7863
or administrator, the court shall order the amount named in the 7864
certificate to be paid over to the executor or administrator out 7865
of the proceeds of the sale of the premises, if thereafter they 7866
are sold or already have been sold. This section does not prohibit 7867
an executor or administrator from proceeding to sell real property 7868
belonging to the estate for the payment of debts or legacies, 7869
although it has been sold on partition or otherwise, or the 7870
proceeds of the sale have been fully distributed.7871

       Sec. 2127.42.  Wards living out of this state and owning 7872
landsreal property within it are entitled to the benefit of 7873
sections 2127.01 to 2127.43 of the Revised Code. Complaints for 7874
the sale of real estateproperty by guardians of suchthose wards 7875
shall be filed in the county in which the landreal property is 7876
situated, or if situated in two or more counties, then in one of 7877
the counties in which a part of it is situated. Additional 7878
security shall be required from suchthe guardians, when deemedif 7879
considered necessary by the probate court of the county in which 7880
the complaints are filed.7881

       Sec. 2127.43. Chapter 2127. of the Revised CodeThis chapter7882
extends to an action brought by the trustee of a nonresident minor 7883
or mentally ill or deficient person to sell the real estate7884
property of the ward.7885

       Sec. 2129.02. WhenIf letters of administration or letters 7886
testamentary have been granted in any state other than this state, 7887
in any territory or possession of the United States, or in any 7888
foreign country, as to the estate of a deceased resident of that 7889
state, territory, possession, or country, and whenif no ancillary 7890
administration proceedings have been commenced in this state, the 7891
person to whom the letters of appointment were granted may file an 7892
authenticated copy of them in the probate court of any county of 7893
this state in which is located real estateproperty of the 7894
decedent.7895

       The claim of any creditor of such athat decedent shall be 7896
subject to section 2117.06 of the Revised Code. The person filing 7897
suchthose letters in the probate court may accelerate the bar 7898
against claims against the estate established by that section, by 7899
giving written notice to a potential claimant that identifies the 7900
decedent by name, states the date of the death of the decedent, 7901
identifies the court, states its mailing address, and informs the 7902
potential claimant that any claims hethe potential claimant may 7903
have against the estate are required to be presented to the court 7904
within the earlier of thirty days after receipt of the notice by 7905
the potential claimant or one yearsix months after the date of 7906
the death of the decedent. A claim of that potential claimant that 7907
is not presented to the court within the earlier of thirty days 7908
after receipt of the notice by the potential claimant or one year7909
six months after the date of the death of the decedent is forever 7910
barred as a possible lien upon the real estateproperty of the 7911
decedent in this state. If, at the expiration of that period, any 7912
such claim has been filed and remains unpaid after reasonable 7913
notice of the claim to the nonresident executor or administrator, 7914
ancillary administration proceedings as to the estate may be had 7915
forthwith.7916

       Sec. 2129.05.  Authenticated copies of wills, executed and 7917
proved according to the laws of any state or territory of the 7918
United States, relative to property in this state, may be admitted 7919
to record in the probate court of a county where a part of such7920
that property is situated. SuchThe authenticated copies, so 7921
recorded, shall be as valid as wills made in this state.7922

       When such a will, or authenticated copy, is admitted to 7923
record, a copy thereofof the will or of the authenticated copy, 7924
with the copy of the order to record it annexed theretoto that 7925
copy, certified by the probate judge under the seal of histhe 7926
probate court, may be filed and recorded in the office of the 7927
probate judge of any other county where a part of suchthe7928
property is situated, and it shall be as effectual as the 7929
authenticated copy of suchthe will would be if approved and 7930
admitted to record by the court.7931

       Sec. 2129.08.  (A) After an authenticated copy of the will of 7932
a nonresident decedent has been allowed and admitted to record as 7933
provided in this chapter, and after there has been filed in the 7934
probate court a complete exemplification of the record of the 7935
grant of the domiciliary letters of appointment and of any other 7936
records of the court of domiciliary administration that the court 7937
requires, the court shall appoint as the ancillary administrator 7938
the person named in the will, or nominated in accordance with any 7939
power of nomination conferred in the will, as general executor of 7940
the decedent's estate or as executor of the portion of the 7941
decedent's estate located in this state, provided that the person 7942
makes application and qualifies under division (B)(2) of section 7943
2109.21 of the Revised Code and in all other respects as required 7944
by law. If the testator in the will naming or providing for the 7945
nomination of that executor orders or requests that bond not be 7946
given by himthat executor, bond shall not be required unless, for 7947
sufficient reason, the court requires it.7948

       (B) If a nonresident decedent died intestate, or failed to 7949
designate in histhe nonresident decedent's will any person 7950
qualified to act as ancillary administrator or to confer in the 7951
will a power to nominate a person as an executor as described in 7952
division (A) of this section, or if the will of a nonresident 7953
decedent conferred such athat power but no person qualified to 7954
act as ancillary administrator was nominated, the court shall 7955
appoint in suchthat capacity somea suitable person who is a 7956
resident of the county including, but not limited to, a creditor 7957
of the estate.7958

       (C) An ancillary administrator, acting as to the estate of a 7959
testate decedent that is located in this state, may sell and 7960
convey the real and personal property by virtue of the will as 7961
executors or administrators with the will annexed may do.7962

       (D) No person shall be appointed as an ancillary 7963
administrator of the estate of a nonresident presumed decedent 7964
that is located in this state, except after Chapter 2121. of the 7965
Revised Code, relative to the appointment of an ancillary 7966
administrator, has been complied with.7967

       Sec. 2129.11.  If no domiciliary administration has been 7968
commenced, the ancillary administrator shall proceed with the 7969
administration in Ohiothis state as though the decedent had been 7970
a resident of Ohiothis state at the time of histhe decedent's7971
death.7972

       Sec. 2129.13.  If an ancillary administrator finds that the 7973
personal property of the nonresident decedent in Ohiothis state7974
is not sufficient to pay the expenses of administration, public 7975
rates and taxes, and other valid claims whichthat have been 7976
presented, hethe ancillary administrator shall proceed to sell as 7977
much of the real estateproperty of the decedent located in this 7978
state asthat is necessary to pay suchthose debts. The procedure 7979
shall be the same as in sales of real estateproperty in 7980
administration proceedings relating to the estates of resident 7981
decedents under sections 2127.01 to 2127.43, inclusive, of the 7982
Revised Code.7983

       Sec. 2129.14.  A domiciliary executor or administrator of a 7984
nonresident decedent may file in the probate court by which the 7985
ancillary administrator was appointed information showing that it 7986
will be necessary to sell Ohio real estateproperty of the 7987
decedent located in this state to pay debts and legacies, and the 7988
court may thereupon authorize the ancillary administrator to sell 7989
suchany part or all of suchthe real estate asproperty that is 7990
necessary. The ancillary administrator shall proceed to sell such7991
the real estateproperty in the manner provided by section 2129.13 7992
of the Revised Code.7993

       Sec. 2129.15.  Within five months after his appointment, the 7994
ancillary administrator of a nonresident decedent shall forward to 7995
the domiciliary administrator, if any, of suchthe decedent, if 7996
the name and address of suchthe domiciliary administrator are 7997
known, a certificate showing all assets of the estate in this 7998
state and all debts and liabilities including estimated expenses 7999
of administration. If the name and address of suchthe domiciliary 8000
administrator are not known, suchthe certificate shall be 8001
forwarded to the next of kin of the deceased whose names and 8002
addresses are known and to the court having jurisdiction in estate 8003
matters in the county in which the decedent resided at the time of 8004
his death.8005

       Sec. 2129.17.  An ancillary administrator shall file in the 8006
probate court of every county in Ohiothis state in which real 8007
estateproperty of the nonresident decedent is located a certified 8008
copy of the records in the court of histhe ancillary 8009
administrator's appointment whichthat affect the title to such8010
that real estateproperty.8011

       Sec. 2129.18.  Whenever property of a nonresident decedent as 8012
to whose estate ancillary administration proceedings are being had 8013
in Ohiothis state passes by the laws of intestate succession or 8014
under a will to a beneficiary not named thereinin the will, 8015
proceedings may be had to determine the persons entitled to such8016
that property in the same manner as in the estates of resident 8017
decedents under sections 2123.01 to 2123.07, inclusive, of the 8018
Revised Code. The ancillary administrator shall file a certified 8019
copy of suchthe finding in the probate court in every county in8020
Ohiothis state in which real estateproperty of the decedent is 8021
located. SuchThe administrator shall procure and file in the 8022
court for the information of the court a certified copy of any 8023
determination of heirship relative to suchthe decedent's estate 8024
made in the state of the domiciliary administration.8025

       Sec. 2129.19.  Prior to filing histhe ancillary 8026
administrator's final account, an ancillary administrator shall 8027
file in the probate court an application for a certificate of 8028
transfer as to the real estateproperty of the nonresident 8029
decedent situated in Ohiothis state, in the same manner as in the 8030
administration of the estates of resident decedents under section 8031
2113.61 of the Revised Code.8032

       Sec. 2129.23.  When the expense of the ancillary 8033
administration of a nonresident decedent's estate, including such8034
any attorney's fee asthat is allowed by the probate court, all 8035
public charges and taxes, and all claims of creditors presented as 8036
provided in section 2129.12 of the Revised Code, have been paid, 8037
any residue of the personal estateproperty and the proceeds of 8038
any real estateproperty sold for the payment of debts shall be 8039
distributed by the ancillary administrator as follows:8040

       (A) With the approval of the court such, the residue may be 8041
delivered to the domiciliary administrator or executor.8042

       (B) If the court so orders, suchthe residue shall be 8043
delivered to the persons entitled theretoto it.8044

       Sec. 2129.25.  When an executor or administrator is appointed 8045
in any other state, territory, or foreign country for the estate 8046
of a person dying out of this state, and no executor or 8047
administrator thereonfor the estate is appointed in this state, 8048
the foreign executor or administrator may file an authenticated 8049
copy of histhe foreign executor's or administrator's appointment 8050
in the probate court of any county in which there is real estate8051
property of the deceased, together with an authenticated copy of 8052
the will. After filing suchthose copies, hethe foreign executor 8053
or administrator may be authorized, under an order of the court, 8054
to sell real estateproperty for the payment of debts or legacies 8055
and charges of administration, in the manner prescribed in 8056
sections 2127.01 to 2127.43, inclusive, of the Revised Code.8057

       Sec. 2129.26. WhenIf it appears to the probate court 8058
granting the order of sale set forth in section 2129.25 of the 8059
Revised Code that the foreign executor or administrator is bound 8060
with sufficient surety in the state or country in which hethe 8061
foreign executor or administrator was appointed to account for the 8062
proceeds of suchthe sale, for the payment of debts or legacies, 8063
and for charges of administration, and an authenticated copy of 8064
suchthe bond is filed in court, no further bond for that purpose 8065
shall be required of himthe foreign executor or administrator. 8066
WhenIf the court finds that suchthe bond is insufficient, before 8067
making suchthe sale, suchthe foreign executor or administrator 8068
mustshall give bond to this state with two or more sufficient 8069
sureties, conditioned to account for and dispose of suchthe8070
proceeds of the sale for the payment of the debts or legacies of 8071
the deceased and the charges of administration according to the 8072
laws of the state or country in which hethe foreign executor or 8073
administrator was appointed.8074

       When suchIf the foreign executor or administrator is 8075
authorized by order of the court to sell more than is necessary 8076
for the payment of debts, legacies, and charges of administration, 8077
before making the sale, hethe foreign executor or administrator8078
shall give bond with two or more sufficient sureties to this 8079
state, conditioned to account before the court for all the 8080
proceeds of the sale that remain and to dispose of suchthe8081
proceeds after payment of suchthe debts, legacies, and charges.8082

       Sec. 2129.28.  If a trustee is named in a foreign will which8083
that creates a trust relating to landsreal property situated in 8084
this state, suchthe trustee may execute the trust upon giving 8085
bond to the state in suchthe sum and with suchthe sureties as8086
that the probate court of the county in which such landsthe real 8087
property or a part thereof areof the real property is situated 8088
approves, conditioned to discharge with fidelity the trust reposed 8089
in himthe trustee. If the testator in the will naming the trustee 8090
orders or requests that bond be not be given by himthe trustee, 8091
bond shall not be required, unless for sufficient cause the court 8092
requires it.8093

       Sec. 2129.29.  If a trustee has been appointed under a 8094
foreign will whichthat creates a trust relating to landsreal 8095
property situated in this state by a foreign court according to 8096
the laws of the foreign jurisdiction, hethe trustee may execute 8097
the trust upon giving bond as provided in section 2129.28 of the 8098
Revised Code, and after satisfying the probate court of the county 8099
in which such landsthe real property or a part of them areit is8100
situated, by an authenticated record of his appointment, that he8101
the person or entity has been appointed trustee to execute the 8102
trust.8103

       Sec. 2129.30. WhenIf necessary, the probate court of the 8104
county where the property affected by the trust is situated, on 8105
application by petition of the parties interested, may appoint a 8106
trustee to carry into effect a trust created by a foreign will. 8107
SuchThe trustee, before entering upon histhe trust, mustshall8108
give bond with suchthe security and in suchthe amount asthat8109
the court directs.8110

       Sec. 2131.08.  (A) Subject to sections 1746.14, 1747.09, and 8111
2131.09 of the Revised Code, no interest in real or personal 8112
property shall be good unless it must vest, if at all, not later 8113
than twenty-one years after a life or lives in being at the 8114
creation of the interest. All estates given in tail, by deed or 8115
will, in lands or tenementsreal property lying within this state 8116
shall be and remain an absolute estate in fee simple to the issue 8117
of the first donee in tail. It is the intention by the adoption of 8118
this section to make effective in this state what is generally 8119
known as the common law rule against perpetuities, except as set 8120
forth in divisions (B) and (C) of this section.8121

       (B) For the purposes of this section and subject to sections 8122
1746.14, 1747.09, and 2131.09 of the Revised Code, the time of the 8123
creation of an interest in real or personal property subject to a 8124
power reserved by the grantor to revoke or terminate the interest 8125
shall be the time at which the reserved power expires by reason of 8126
the death of the grantor, by release of the power, or otherwise.8127

       (C) Any interest in real or personal property that would 8128
violate the rule against perpetuities, under division (A) of this 8129
section, shall be reformed, within the limits of the rule, to 8130
approximate most closely the intention of the creator of the 8131
interest. In determining whether an interest would violate the 8132
rule and in reforming an interest, the period of perpetuities 8133
shall be measured by actual rather than possible events.8134

       (D) Divisions (B) and (C) of this section shall be effective 8135
with respect to interests in real or personal property created by 8136
wills of decedents dying after December 31, 1967, with respect to 8137
interests in real or personal property created by inter vivos 8138
instruments executed after December 31, 1967, and with respect to 8139
interests in real or personal property created by inter vivos 8140
instruments executed on or before December 31, 1967, that by 8141
reason of division (B) of this section will be treated as 8142
interests created after December 31, 1967. Divisions (B) and (C) 8143
of this section shall be effective with respect to interests in 8144
real or personal property created by the exercise of a power of 8145
appointment if divisions (B) and (C) of this section apply to the 8146
instrument that exercises the power, whether or not divisions (B) 8147
and (C) of this section apply to the instrument that creates the 8148
power.8149

       Sec. 2131.11. WhenIf an investment share certificate, share 8150
account, deposit, or stock deposit is made, in any bank, building 8151
and loan or savings and loan association, credit union, or society 8152
for savings, payable to the owner during histhe owner's lifetime, 8153
and to another on histhe owner's death, suchthe investment share 8154
certificate, share account, deposit, or stock deposit or, any part 8155
thereofof that certificate, account, or deposit, or any interest 8156
or dividend thereonon the certificate, account, or deposit, may 8157
be paid to the owner during histhe owner's lifetime, and on his8158
the owner's death suchthe investment share certificate, share 8159
account, deposit, or stock deposit or, any part thereofof that 8160
certificate, account, or deposit, or any interest or dividend 8161
thereonon the certificate, account, or deposit, may be paid to 8162
the designated beneficiary, and the receipt of acquittance of the 8163
person paid is a sufficient release and discharge of the bank, 8164
building and loan or savings and loan association, credit union, 8165
or society for savings for any payment so made.8166

       Sec. 2133.04.  (A) A declarant may revoke a declaration at 8167
any time and in any manner. The revocation shall be effective when 8168
the declarant expresses hisan intention to revoke the 8169
declaration, except that, if the declarant made histhe 8170
declarant's attending physician aware of the declaration, the 8171
revocation shall be effective upon its communication to the 8172
attending physician of the declarant by the declarant himself, a 8173
witness to the revocation, or other health care personnel to whom 8174
the revocation is communicated by such athat witness. Absent 8175
actual knowledge to the contrary, the attending physician of a 8176
declarant and other health care personnel who are informed of the 8177
revocation of a declaration by an alleged witness may rely on the 8178
information and act in accordance with the revocation.8179

       (B) Upon the communication as described in division (A) of 8180
this section to the attending physician of a declarant of the fact 8181
that histhe declaration has been revoked, the attending physician 8182
or other health care personnel acting under the direction of the 8183
attending physician shall make the fact a part of the declarant's 8184
medical record.8185

       Sec. 2133.05.  (A) If the attending physician of a declarant 8186
and one other physician who examines the declarant determine that 8187
hethe declarant is in a terminal condition or in a permanently 8188
unconscious state, whichever is addressed in the declaration, if 8189
the attending physician additionally determines that the declarant 8190
no longer is able to make informed decisions regarding the 8191
administration of life-sustaining treatment for himselfthe 8192
declarant and that there is no reasonable possibility that the 8193
declarant will regain the capacity to make those informed 8194
decisions for himselfthe declarant, and if the attending 8195
physician is aware of the existence of the declarant's 8196
declaration, then the attending physician shall do all of the 8197
following:8198

       (1) Record the determinations, together with the terms of the 8199
declaration or any copy of the declaration acquired as described 8200
in division (C) of section 2133.02 of the Revised Code, in the 8201
declarant's medical record;8202

       (2)(a) Make a good faith effort, and use reasonable 8203
diligence, to notify either of the following of the 8204
determinations:8205

       (i) If the declarant designated in histhe declarant's8206
declaration one or more persons to be notified at any time that 8207
life-sustaining treatment would be withheld or withdrawn pursuant 8208
to the declaration, that person or those persons;8209

       (ii) If division (A)(2)(a)(i) of this section is not 8210
applicable, the appropriate individual or individuals, in 8211
accordance with the following descending order of priority: if 8212
any, the guardian of the declarant, but this division does not 8213
permit or require, and shall not be construed as permitting or 8214
requiring, the appointment of a guardian for the declarant; the 8215
declarant's spouse; the declarant's adult children who are 8216
available within a reasonable period of time for consultation with 8217
the declarant's attending physician; the declarant's parents; or 8218
an adult sibling of the declarant or, if there is more than one 8219
adult sibling, a majority of the declarant's adult siblings who 8220
are available within a reasonable period of time for suchthe8221
consultation.8222

       (b) The attending physician shall record in the declarant's 8223
medical record the names of the individual or individuals notified 8224
pursuant to division (A)(2)(a) of this section and the manner of 8225
notification.8226

       (c) If, despite making a good faith effort, and despite using 8227
reasonable diligence, to notify the appropriate individual or 8228
individuals described in division (A)(2)(a) of this section, the 8229
attending physician cannot notify the individual or individuals of 8230
the determinations because the individual or individuals are 8231
deceased, cannot be located, or cannot be notified for some other 8232
reason, then the requirements of divisions (A)(2)(a) and (b) and 8233
(3) of this section and, except as provided in division (B)(1)(b) 8234
of this section, the provisions of division (B) of this section 8235
shall not apply in connection with the declarant and histhe 8236
declarant's declaration. However, the attending physician shall 8237
record in the declarant's medical record information pertaining to 8238
the reason for the failure to provide the requisite notices and 8239
information pertaining to the nature of the good faith effort and 8240
reasonable diligence used.8241

       (3) Afford time for the individual or individuals notified in 8242
accordance with division (A)(2) of this section to object in the 8243
manner described in division (B)(1)(a) of this section.8244

       (B)(1)(a) Within forty-eight hours after receipt of a notice 8245
pursuant to division (A)(2) of this section, any individual so 8246
notified shall advise the attending physician of the declarant 8247
whether hethe individual objects on a basis specified in division 8248
(B)(2)(c) of this section. If an objection as described in that 8249
division is communicated to the attending physician, then, within 8250
two business days after the communication, the individual shall 8251
file a complaint as described in division (B)(2) of this section 8252
in the probate court of the county in which the declarant is 8253
located. If the individual fails to so file a complaint, histhe 8254
individual's objections as described in division (B)(2)(c) of this 8255
section shall be considered to be void.8256

       (b) Within forty-eight hours after a person described in 8257
division (A)(2)(a)(i) of this section or a priority individual or 8258
any member of a priority class of individuals described in 8259
division (A)(2)(a)(ii) of this section receives a notice pursuant 8260
to division (A)(2) of this section or within forty-eight hours 8261
after information pertaining to an unnotified person described in 8262
division (A)(2)(a)(i) of this section or an unnotified priority 8263
individual or unnotified priority class of individuals described 8264
in division (A)(2)(a)(ii) of this section is recorded in a 8265
declarant's medical record pursuant to division (A)(2)(c) of this 8266
section, either of the following shall advise the attending 8267
physician of the declarant whether he or they objectthere is an 8268
objection on a basis specified in division (B)(2)(c) of this 8269
section:8270

       (i) If a person described in division (A)(2)(a)(i) of this 8271
section was notified pursuant to division (A)(2) of this section 8272
or was the subject of a recordation under division (A)(2)(c) of 8273
this section, then the objection shall be communicated by the 8274
individual or a majority of the individuals in either of the first 8275
two classes of individuals that pertain to the declarant in the 8276
descending order of priority set forth in division (A)(2)(a)(ii) 8277
of this section.8278

       (ii) If an individual or individuals in the descending order 8279
of priority set forth in division (A)(2)(a)(ii) of this section 8280
were notified pursuant to division (A)(2) of this section or were 8281
the subject of a recordation under division (A)(2)(c) of this 8282
section, then the objection shall be communicated by the 8283
individual or a majority of the individuals in the next class of 8284
individuals that pertains to the declarant in the descending order 8285
of priority set forth in division (A)(2)(a)(ii) of this section.8286

       If an objection as described in division (B)(2)(c) of this 8287
section is communicated to the attending physician in accordance 8288
with division (B)(1)(b)(i) or (ii) of this section, then, within 8289
two business days after the communication, the objecting 8290
individual or majority shall file a complaint as described in 8291
division (B)(2) of this section in the probate court of the county 8292
in which the declarant is located. If the objecting individual or 8293
majority fails to file a complaint, his or theirthe objections as 8294
described in division (B)(2)(c) of this section shall be 8295
considered to be void.8296

       (2) A complaint of an individual that is filed in accordance 8297
with division (B)(1)(a) of this section or of an individual or 8298
majority of individuals that is filed in accordance with division 8299
(B)(1)(b) of this section shall satisfy all of the following:8300

       (a) Name any health care facility in which the declarant is 8301
confined;8302

       (b) Name the declarant, histhe declarant's attending 8303
physician, and the consulting physician associated with the 8304
determination that the declarant is in a terminal condition or in 8305
a permanently unconscious state, whichever is addressed in the 8306
declaration;8307

       (c) Indicate whether the plaintiff or plaintiffs object on 8308
one or more of the following bases:8309

       (i) To the attending physician's and consulting physician's 8310
determinations that the declarant is in a terminal condition or in 8311
a permanently unconscious state, whichever is addressed in the 8312
declaration;8313

       (ii) To the attending physician's determination that the 8314
declarant no longer is able to make informed decisions regarding 8315
the administration of life-sustaining treatment;8316

       (iii) To the attending physician's determination that there 8317
is no reasonable possibility that the declarant will regain the 8318
capacity to make informed decisions regarding the administration 8319
of life-sustaining treatment;8320

       (iv) That the course of action proposed to be undertaken by 8321
the attending physician is not authorized by the declarant's 8322
declaration;8323

       (v) That the declaration was executed when the declarant was 8324
not of sound mind or was under or subject to duress, fraud, or 8325
undue influence;8326

       (vi) That the declaration otherwise does not substantially 8327
comply with this chapter.8328

       (d) Request the probate court to issue one of the following 8329
types of orders:8330

       (i) An order to the attending physician to reevaluate, in 8331
light of the court proceedings, the determination that the 8332
declarant is in a terminal condition or in a permanently 8333
unconscious state, whichever is addressed in the declaration, the 8334
determination that the declarant no longer is able to make 8335
informed decisions regarding the administration of life-sustaining 8336
treatment, the determination that there is no reasonable 8337
possibility that the declarant will regain the capacity to make 8338
those informed decisions, or the course of action proposed to be 8339
undertaken;8340

       (ii) An order invalidating the declaration because it was 8341
executed when the declarant was not of sound mind or was under or 8342
subject to duress, fraud, or undue influence, or because it 8343
otherwise does not substantially comply with this chapter;8344

       (e) Be accompanied by an affidavit of the plaintiff or 8345
plaintiffs that includes averments relative to whether hethe 8346
plaintiff is an individual or theythe plaintiffs are individuals 8347
as described in division (A)(2)(a)(i) or (ii) of this section and 8348
to the factual basis for histhe plaintiff's or theirthe 8349
plaintiffs' objections;8350

       (f) Name any individuals who were notified by the attending 8351
physician in accordance with division (A)(2)(a) of this section 8352
and who are not joining in the complaint as plaintiffs;8353

       (g) Name, in the caption of the complaint, as defendants the 8354
attending physician of the declarant, the consulting physician 8355
associated with the determination that the declarant is in a 8356
terminal condition or in a permanently unconscious state, 8357
whichever is addressed in the declaration, any health care 8358
facility in which the declarant is confined, and any individuals 8359
who were notified by the attending physician in accordance with 8360
division (A)(2)(a) of this section and who are not joining in the 8361
complaint as plaintiffs.8362

       (3) Notwithstanding any contrary provision of the Revised 8363
Code or of the Rules of Civil Procedure, the state and persons 8364
other than an objecting individual as described in division 8365
(B)(1)(a) of this section, other than an objecting individual or 8366
majority of individuals as described in division (B)(2)(b)(i) or 8367
(ii) of this section, and other than persons described in division 8368
(B)(2)(g) of this section are prohibited from commencing a civil 8369
action under this section and from joining or being joined as 8370
parties to an action commenced under this section, including 8371
joining by way of intervention.8372

       (4)(a) A probate court in which a complaint as described in 8373
division (B)(2) of this section is filed within the period 8374
specified in division (B)(1)(a) or (b) of this section shall 8375
conduct a hearing on the complaint after a copy of the complaint 8376
and a notice of the hearing have been served upon the defendants. 8377
The clerk of the probate court in which the complaint is filed 8378
shall cause the complaint and the notice of the hearing to be so 8379
served in accordance with the Rules of Civil Procedure, which 8380
service shall be made, if possible, within three days after the 8381
filing of the complaint. The hearing shall be conducted at the 8382
earliest possible time, but no later than the third business day 8383
after suchthe service has been completed. Immediately following 8384
the hearing, the court shall enter on its journal its 8385
determination whether a requested order will be issued.8386

       (b) If the declarant's declaration authorized the use or 8387
continuation of life-sustaining treatment should hethe declarant8388
be in a terminal condition or in a permanently unconscious state 8389
and if the plaintiff or plaintiffs requested a reevaluation order 8390
to the attending physician of the declarant as described in 8391
division (B)(2)(d)(i) of this section, the court shall issue the 8392
reevaluation order only if it finds that the plaintiff or 8393
plaintiffs have established a factual basis for the objection or 8394
objections involved by clear and convincing evidence, to a 8395
reasonable degree of medical certainty, and in accordance with 8396
reasonable medical standards.8397

       (c) If the declarant's declaration authorized the withholding 8398
or withdrawal of life-sustaining treatment should hethe declarant8399
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 a preponderance of the evidence, to a 8406
reasonable degree of medical certainty, and in accordance with 8407
reasonable medical standards.8408

       (d) If the plaintiff or plaintiffs requested an invalidation 8409
order as described in division (B)(2)(d)(ii) of this section, the 8410
court shall issue the order only if it finds that the plaintiff or 8411
plaintiffs have established a factual basis for the objection or 8412
objections involved by clear and convincing evidence.8413

       (e) If the court issues a reevaluation order to the 8414
declarant's attending physician pursuant to division (B)(4)(b) or 8415
(c) of this section, then the attending physician shall make the 8416
requisite reevaluation. If, after doing so, the attending 8417
physician again determines that the declarant is in a terminal 8418
condition or in a permanently unconscious state, that the 8419
declarant no longer is able to make informed decisions regarding 8420
the administration of life-sustaining treatment, that there is no 8421
reasonable possibility that the declarant will regain the capacity 8422
to make those informed decisions, or that hethe attending 8423
physician would undertake the same proposed course of action, then 8424
hethe attending physician shall notify the court in writing of 8425
the determination and comply with the provisions of section 8426
2133.10 of the Revised Code.8427

       Sec. 2133.06.  (A) As long as a qualified patient is able to 8428
make informed decisions regarding the administration of 8429
life-sustaining treatment, hethe qualified patient may continue 8430
to do so.8431

       (B) Life-sustaining treatment shall not be withheld or 8432
withdrawn from a declarant pursuant to a declaration if shethe 8433
declarant is pregnant and if the withholding or withdrawal of the 8434
treatment would terminate the pregnancy, unless the declarant's 8435
attending physician and one other physician who has examined the 8436
declarant determine, to a reasonable degree of medical certainty 8437
and in accordance with reasonable medical standards, that the 8438
fetus would not be born alive.8439

       Sec. 2133.08.  (A)(1) If written consent to the withholding 8440
or withdrawal of life-sustaining treatment, witnessed by two 8441
individuals who satisfy the witness eligibility criteria set forth 8442
in division (B)(1) of section 2133.02 of the Revised Code, is 8443
given by the appropriate individual or individuals as specified in 8444
division (B) of this section to the attending physician of a 8445
patient who is an adult, and if all of the following apply in 8446
connection with the patient, then, subject to section 2133.09 of 8447
the Revised Code, histhe patient's attending physician may 8448
withhold or withdraw the life-sustaining treatment:8449

       (a) The attending physician and one other physician who 8450
examines the patient determine, in good faith, to a reasonable 8451
degree of medical certainty, and in accordance with reasonable 8452
medical standards, that the patient is in a terminal condition or 8453
the patient currently is and for at least the immediately 8454
preceding twelve months has been in a permanently unconscious 8455
state, and the attending physician additionally determines, in 8456
good faith, to a reasonable degree of medical certainty, and in 8457
accordance with reasonable medical standards, that the patient no 8458
longer is able to make informed decisions regarding the 8459
administration of life-sustaining treatment and that there is no 8460
reasonable possibility that the patient will regain the capacity 8461
to make those informed decisions.8462

       (b) The patient does not have a declaration that addresses8463
histhe patient's intent should hethe patient be determined to be 8464
in a terminal condition or in a permanently unconscious state, 8465
whichever applies, or a durable power of attorney for health care, 8466
or has a document that purports to be such a declaration or 8467
durable power of attorney for health care but that document is not 8468
legally effective.8469

       (c) The consent of the appropriate individual or individuals 8470
is given after consultation with the patient's attending physician 8471
and after receipt of information from the patient's attending 8472
physician or a consulting physician that is sufficient to satisfy 8473
the requirements of informed consent.8474

       (d) The appropriate individual or individuals who give a 8475
consent are of sound mind and voluntarily give the consent.8476

       (e) If a consent would be given under division (B)(3) of this 8477
section, the attending physician made a good faith effort, and 8478
used reasonable diligence, to notify the patient's adult children 8479
who are available within a reasonable period of time for 8480
consultation as described in division (A)(1)(c) of this section.8481

       (2) The consulting physician under division (A)(1)(a) of this 8482
section associated with a patient allegedly in a permanently 8483
unconscious state shall be a physician who, by virtue of advanced 8484
education or training, of a practice limited to particular 8485
diseases, illnesses, injuries, therapies, or branches of medicine 8486
or surgery or osteopathic medicine and surgery, of certification 8487
as a specialist in a particular branch of medicine or surgery or 8488
osteopathic medicine and surgery, or of experience acquired in the 8489
practice of medicine or surgery or osteopathic medicine and 8490
surgery, is qualified to determine whether the patient currently 8491
is and for at least the immediately preceding twelve months has 8492
been in a permanently unconscious state.8493

       (B) For purposes of division (A) of this section, a consent 8494
to withhold or withdraw life-sustaining treatment may be given by 8495
the appropriate individual or individuals, in accordance with the 8496
following descending order of priority:8497

       (1) If any, the guardian of the patient. This division does 8498
not permit or require, and shall not be construed as permitting or 8499
requiring, the appointment of a guardian for the patient.8500

       (2) The patient's spouse;8501

       (3) An adult child of the patient or, if there is more than 8502
one adult child, a majority of the patient's adult children who 8503
are available within a reasonable period of time for consultation 8504
with the patient's attending physician;8505

       (4) The patient's parents;8506

       (5) An adult sibling of the patient or, if there is more than 8507
one adult sibling, a majority of the patient's adult siblings who 8508
are available within a reasonable period of time for suchthat8509
consultation;8510

       (6) The nearest adult who is not described in divisions 8511
(B)(1) to (5) of this section, who is related to the patient by 8512
blood or adoption, and who is available within a reasonable period 8513
of time for suchthat consultation.8514

       (C) If an appropriate individual or class of individuals 8515
entitled to decide under division (B) of this section whether or 8516
not to consent to the withholding or withdrawal of life-sustaining 8517
treatment for a patient is not available within a reasonable 8518
period of time for suchthe consultation and competent to so 8519
decide, or declines to so decide, then the next priority 8520
individual or class of individuals specified in that division is 8521
authorized to make the decision. However, an equal division in a 8522
priority class of individuals under that division does not 8523
authorize the next class of individuals specified in that division 8524
to make the decision. If an equal division in a priority class of 8525
individuals under that division occurs, no written consent to the 8526
withholding or withdrawal of life-sustaining treatment from the 8527
patient can be given pursuant to this section.8528

       (D)(1) A decision to consent pursuant to this section to the 8529
use or continuation, or the withholding or withdrawal, of 8530
life-sustaining treatment for a patient shall be made in good 8531
faith.8532

       (2) Except as provided in division (D)(4) of this section, if 8533
the patient previously expressed hisan intention with respect to 8534
the use or continuation, or the withholding or withdrawal, of 8535
life-sustaining treatment should hethe patient subsequently be in 8536
a terminal condition or in a permanently unconscious state, 8537
whichever applies, and no longer able to make informed decisions 8538
regarding the administration of life-sustaining treatment, a 8539
consent given pursuant to this section shall be valid only if it 8540
is consistent with that previously expressed intention.8541

       (3) Except as provided in division (D)(4) of this section, if 8542
the patient did not previously express hisan intention with 8543
respect to the use or continuation, or the withholding or 8544
withdrawal, of life-sustaining treatment should hethe patient8545
subsequently be in a terminal condition or in a permanently 8546
unconscious state, whichever applies, and no longer able to make 8547
informed decisions regarding the administration of life-sustaining 8548
treatment, a consent given pursuant to this section shall be valid 8549
only if it is consistent with the type of informed consent 8550
decision that the patient would have made if hethe patient8551
previously had expressed hisan intention with respect to the use 8552
or continuation, or the withholding or withdrawal, of 8553
life-sustaining treatment should hethe patient subsequently be in 8554
a terminal condition or in a permanently unconscious state, 8555
whichever applies, and no longer able to make informed decisions 8556
regarding the administration of life-sustaining treatment, as 8557
inferred from the lifestyle and character of the patient, and from 8558
any other evidence of the desires of the patient, prior to histhe 8559
patient's becoming no longer able to make informed decisions 8560
regarding the administration of life-sustaining treatment. The 8561
Rules of Evidence shall not be binding for purposes of this 8562
division.8563

       (4)(a) The attending physician of the patient, and other 8564
health care personnel acting under the direction of the attending 8565
physician, who do not have actual knowledge of a previously 8566
expressed intention as described in division (D)(2) of this 8567
section or who do not have actual knowledge that the patient would 8568
have made a different type of informed consent decision under the 8569
circumstances described in division (D)(3) of this section, may 8570
rely on a consent given in accordance with this section unless a 8571
probate court decides differently under division (E) of this 8572
section.8573

       (b) The immunity conferred by division (C)(1) of section 8574
2133.11 of the Revised Code is not forfeited by an individual who 8575
gives a consent to the use or continuation, or the withholding or 8576
withdrawal, of life-sustaining treatment for a patient under 8577
division (B) of this section if the individual gives the consent 8578
in good faith and without actual knowledge, at the time of giving 8579
the consent, of either a contrary previously expressed intention 8580
of the patient, or a previously expressed intention of the 8581
patient, as described in division (D)(2) of this section, that is 8582
revealed to the individual subsequent to the time of giving the 8583
consent.8584

       (E)(1) Within forty-eight hours after a priority individual 8585
or class of individuals gives a consent pursuant to this section 8586
to the use or continuation, or the withholding or withdrawal, of 8587
life-sustaining treatment and communicates the consent to the 8588
patient's attending physician, any individual described in 8589
divisions (B)(1) to (5) of this section who objects to the 8590
application of this section to the patient shall advise the 8591
attending physician of the grounds for the objection. If an 8592
objection is so communicated to the attending physician, then, 8593
within two business days after that communication, the objecting 8594
individual shall file a complaint against the priority individual 8595
or class of individuals, the patient's attending physician, and 8596
the consulting physician associated with the determination that 8597
the patient is in a terminal condition or that the patient 8598
currently is and for at least the immediately preceding twelve 8599
months has been in a permanently unconscious state, in the probate 8600
court of the county in which the patient is located for the 8601
issuance of an order reversing the consent of the priority 8602
individual or class of individuals. If the objecting individual 8603
fails to so file a complaint, histhe individual's objections 8604
shall be considered to be void.8605

       A probate court in which a complaint is filed in accordance 8606
with this division shall conduct a hearing on the complaint after 8607
a copy of the complaint and a notice of the hearing have been 8608
served upon the defendants. The clerk of the probate court in 8609
which the complaint is filed shall cause the complaint and the 8610
notice of the hearing to be so served in accordance with the Rules 8611
of Civil Procedure, which service shall be made, if possible, 8612
within three days after the filing of the complaint. The hearing 8613
shall be conducted at the earliest possible time, but no later 8614
than the third business day after suchthe service has been 8615
completed. Immediately following the hearing, the court shall 8616
enter on its journal its determination whether the decision of the 8617
priority individual or class of individuals to consent to the use 8618
or continuation, or the withholding or withdrawal, of 8619
life-sustaining treatment in connection with the patient will be 8620
confirmed or reversed.8621

       (2) If the decision of the priority individual or class of 8622
individuals was to consent to the use or continuation of 8623
life-sustaining treatment in connection with the patient, the 8624
court only may reverse that consent if the objecting individual 8625
establishes, by clear and convincing evidence and, if applicable, 8626
to a reasonable degree of medical certainty and in accordance with 8627
reasonable medical standards, one or more of the following:8628

       (a) The patient is able to make informed decisions regarding 8629
the administration of life-sustaining treatment.8630

       (b) The patient has a legally effective declaration that 8631
addresses histhe patient's intent should hethe patient be 8632
determined to be in a terminal condition or in a permanently 8633
unconscious state, whichever applies, or a legally effective 8634
durable power of attorney for health care.8635

       (c) The decision to use or continue life-sustaining treatment 8636
is not consistent with the previously expressed intention of the 8637
patient as described in division (D)(2) of this section.8638

       (d) The decision to use or continue life-sustaining treatment 8639
is not consistent with the type of informed consent decision that 8640
the patient would have made if hethe patient previously had 8641
expressed hisan intention with respect to the use or 8642
continuation, or the withholding or withdrawal, of life-sustaining 8643
treatment should hethe patient subsequently be in a terminal 8644
condition or in a permanently unconscious state, whichever 8645
applies, and no longer able to make informed decisions regarding 8646
the administration of life-sustaining treatment as described in 8647
division (D)(3) of this section.8648

       (e) The decision of the priority individual or class of 8649
individuals was not made after consultation with the patient's 8650
attending physician and after receipt of information from the 8651
patient's attending physician or a consulting physician that is 8652
sufficient to satisfy the requirements of informed consent.8653

       (f) The priority individual, or any member of the priority 8654
class of individuals, who made the decision to use or continue 8655
life-sustaining treatment was not of sound mind or did not 8656
voluntarily make the decision.8657

       (g) If the decision of a priority class of individuals under 8658
division (B)(3) of this section is involved, the patient's 8659
attending physician did not make a good faith effort, and use 8660
reasonable diligence, to notify the patient's adult children who 8661
were available within a reasonable period of time for consultation 8662
as described in division (A)(1)(c) of this section.8663

       (h) The decision of the priority individual or class of 8664
individuals otherwise was made in a manner that does not comply 8665
with this section.8666

       (3) If the decision of the priority individual or class of 8667
individuals was to consent to the withholding or withdrawal of 8668
life-sustaining treatment in connection with the patient, the 8669
court only may reverse that consent if the objecting individual 8670
establishes, by a preponderance of the evidence and, if 8671
applicable, to a reasonable degree of medical certainty and in 8672
accordance with reasonable medical standards, one or more of the 8673
following:8674

       (a) The patient is not in a terminal condition, the patient 8675
is not in a permanently unconscious state, or the patient has not 8676
been in a permanently unconscious state for at least the 8677
immediately preceding twelve months.8678

       (b) The patient is able to make informed decisions regarding 8679
the administration of life-sustaining treatment.8680

       (c) There is a reasonable possibility that the patient will 8681
regain the capacity to make informed decisions regarding the 8682
administration of life-sustaining treatment.8683

       (d) The patient has a legally effective declaration that 8684
addresses histhe patient's intent should hethe patient be 8685
determined to be in a terminal condition or in a permanently 8686
unconscious state, whichever applies, or a legally effective 8687
durable power of attorney for health care.8688

       (e) The decision to withhold or withdraw life-sustaining 8689
treatment is not consistent with the previously expressed 8690
intention of the patient as described in division (D)(2) of this 8691
section.8692

       (f) The decision to withhold or withdraw life-sustaining 8693
treatment is not consistent with the type of informed consent 8694
decision that the patient would have made if hethe patient8695
previously had expressed hisan intention with respect to the use 8696
or continuation, or the withholding or withdrawal, of 8697
life-sustaining treatment should hethe patient subsequently be in 8698
a terminal condition or in a permanently unconscious state, 8699
whichever applies, and no longer able to make informed decisions 8700
regarding the administration of life-sustaining treatment as 8701
described in division (D)(3) of this section.8702

       (g) The decision of the priority individual or class of 8703
individuals was not made after consultation with the patient's 8704
attending physician and after receipt of information from the 8705
patient's attending physician or a consulting physician that is 8706
sufficient to satisfy the requirements of informed consent.8707

       (h) The priority individual, or any member of the priority 8708
class of individuals, who made the decision to withhold or 8709
withdraw life-sustaining treatment was not of sound mind or did 8710
not voluntarily make the decision.8711

       (i) If the decision of a priority class of individuals under 8712
division (B)(3) of this section is involved, the patient's 8713
attending physician did not make a good faith effort, and use 8714
reasonable diligence, to notify the patient's adult children who 8715
were available within a reasonable period of time for consultation 8716
as described in division (A)(1)(c) of this section.8717

       (j) The decision of the priority individual or class of 8718
individuals otherwise was made in a manner that does not comply 8719
with this section.8720

       (4) Notwithstanding any contrary provision of the Revised 8721
Code or of the Rules of Civil Procedure, the state and persons 8722
other than individuals described in divisions (B)(1) to (5) of 8723
this section are prohibited from filing a complaint under division 8724
(E) of this section and from joining or being joined as parties to 8725
a hearing conducted under division (E) of this section, including 8726
joining by way of intervention.8727

       (F) A valid consent given in accordance with this section 8728
supersedes any general consent to treatment form signed by or on 8729
behalf of the patient prior to, upon, or after histhe patient's8730
admission to a health care facility to the extent there is a 8731
conflict between the consent and the form.8732

       (G) Life-sustaining treatment shall not be withheld or 8733
withdrawn from a patient pursuant to a consent given in accordance 8734
with this section if shethe patient is pregnant and if the 8735
withholding or withdrawal of the treatment would terminate the 8736
pregnancy, unless the patient's attending physician and one other 8737
physician who has examined the patient determine, to a reasonable 8738
degree of medical certainty and in accordance with reasonable 8739
medical standards, that the fetus would not be born alive.8740

       Sec. 2133.09.  (A) The attending physician of a patient who 8741
is an adult and who currently is and for at least the immediately 8742
preceding twelve months has been in a permanently unconscious 8743
state may withhold or withdraw nutrition and hydration in 8744
connection with the patient only if all of the following apply:8745

       (1) Written consent to the withholding or withdrawal of 8746
life-sustaining treatment in connection with the patient has been 8747
given by an appropriate individual or individuals in accordance 8748
with section 2133.08 of the Revised Code, and divisions (A)(1)(a) 8749
to (e) and (2) of that section have been satisfied.8750

       (2) A probate court has not reversed the consent to the 8751
withholding or withdrawal of life-sustaining treatment in 8752
connection with the patient pursuant to division (E) of section 8753
2133.08 of the Revised Code.8754

       (3) The attending physician of the patient and one other 8755
physician as described in division (A)(2) of section 2133.08 of 8756
the Revised Code who examines the patient determine, in good 8757
faith, to a reasonable degree of medical certainty, and in 8758
accordance with reasonable medical standards, that nutrition and 8759
hydration will not or no longer will provide comfort or alleviate 8760
pain in connection with the patient.8761

       (4) Written consent to the withholding or withdrawal of 8762
nutrition and hydration in connection with the patient, witnessed 8763
by two individuals who satisfy the witness eligibility criteria 8764
set forth in division (B)(1) of section 2133.02 of the Revised 8765
Code, is given to the attending physician of the patient by an 8766
appropriate individual or individuals as specified in division (B) 8767
of section 2133.08 of the Revised Code.8768

       (5) The written consent to the withholding or withdrawal of 8769
the nutrition and hydration in connection with the patient is 8770
given in accordance with division (B) of this section.8771

       (6) The probate court of the county in which the patient is 8772
located issues an order to withhold or withdraw the nutrition and 8773
hydration in connection with the patient pursuant to division (C) 8774
of this section.8775

       (B)(1) A decision to consent pursuant to this section to the 8776
withholding or withdrawal of nutrition and hydration in connection 8777
with a patient shall be made in good faith.8778

       (2) Except as provided in division (B)(4) of this section, if 8779
the patient previously expressed hisan intention with respect to 8780
the use or continuation, or the withholding or withdrawal, of 8781
nutrition and hydration should hethe patient subsequently be in a 8782
permanently unconscious state and no longer able to make informed 8783
decisions regarding the administration of nutrition and hydration, 8784
a consent given pursuant to this section shall be valid only if it 8785
is consistent with that previously expressed intention.8786

       (3) Except as provided in division (B)(4) of this section, if 8787
the patient did not previously express hisan intention with 8788
respect to the use or continuation, or the withholding or 8789
withdrawal, of nutrition and hyrdationhydration should hethe 8790
patient subsequently be in a permanently unconscious state and no 8791
longer able to make informed decisions regarding the 8792
administration of nutrition and hydration, a consent given 8793
pursuant to this section shall be valid only if it is consistent 8794
with the type of informed consent decision that the patient would 8795
have made if hethe patient previously had expressed hisan8796
intention with respect to the use or continuation, or the 8797
withholding or withdrawal, of nutrition and hydration should he8798
the patient subsequently be in a permanently unconscious state and 8799
no longer able to make informed decisions regarding the 8800
administration of nutrition and hydration, as inferred from the 8801
lifestyle and character of the patient, and from any other 8802
evidence of the desires of the patient, prior to histhe patient's8803
becoming no longer able to make informed decisions regarding the 8804
administration of nutrition and hydration. The Rules of Evidence 8805
shall not be binding for purposes of this division.8806

       (4)(a) The attending physician of the patient, and other 8807
health care personnel acting under the direction of the attending 8808
physician, who do not have actual knowledge of a previously 8809
expressed intention as described in division (B)(2) of this 8810
section or who do not have actual knowledge that the patient would 8811
have made a different type of informed consent decision under the 8812
circumstances described in division (B)(3) of this section, may 8813
rely on a consent given in accordance with this section unless a 8814
probate court decides differently under division (C) of this 8815
section.8816

       (b) The immunity conferred by division (C)(2) of section 8817
2133.11 of the Revised Code is not forfeited by an individual who 8818
gives a consent to the withholding or withdrawal of nutrition and 8819
hydration in connection with a patient under division (A)(4) of 8820
this section if the individual gives the consent in good faith and 8821
without actual knowledge, at the time of giving the consent, of 8822
either a contrary previously expressed intention of the patient, 8823
or a previously expressed intention of the patient, as described 8824
in divisondivision (B)(2) of this section, that is revealed to 8825
the individual subsequent to the time of giving the consent.8826

       (C)(1) Prior to the withholding or withdrawal of nutrition 8827
and hydration in connection with a patient pursuant to this 8828
section, the priority individual or class of individuals that 8829
consented to the withholding or withdrawal of the nutrition and 8830
hydration shall apply to the probate court of the county in which 8831
the patient is located for the issuance of an order that 8832
authorizes the attending physician of the patient to commence the 8833
withholding or withdrawal of the nutrition and hydration in 8834
connection with the patient. Upon the filing of the application, 8835
the clerk of the probate court shall schedule a hearing on it and 8836
cause a copy of it and a notice of the hearing to be served in 8837
accordance with the Rules of Civil Procedure upon the applicant, 8838
the attending physician, the consulting physician associated with 8839
the determination that nutrition and hydration will not or no 8840
longer will provide comfort or alleviate pain in connection with 8841
the patient, and the individuals described in divisions (B)(1) to 8842
(5) of section 2133.08 of the Revised Code who are not applicants, 8843
which service shall be made, if possible, within three days after 8844
the filing of the application. The hearing shall be conducted at 8845
the earliest possible time, but no sooner than the thirtieth 8846
business day, and no later than the sixtieth business day, after 8847
suchthe service has been completed.8848

       At the hearing, any individual described in divisions (B)(1) 8849
to (5) of section 2133.08 of the Revised Code who is not an 8850
applicant and who disagrees with the decision of the priority 8851
individual or class of individuals to consent to the withholding 8852
or withdrawal of nutrition and hydration in connection with the 8853
patient shall be permitted to testify and present evidence 8854
relative to the use or continuation of nutrition and hydration in 8855
connection with the patient. Immediately following the hearing, 8856
the court shall enter on its journal its determination whether the 8857
requested order will be issued.8858

       (2) The court shall issue an order that authorizes the 8859
patient's attending physician to commence the withholding or 8860
withdrawal of nutrition and hydration in connection with the 8861
patient only if the applicants establish, by clear and convincing 8862
evidence, to a reasonable degree of medical certainty, and in 8863
accordance with reasonable medical standards, all of the 8864
following:8865

       (a) The patient currently is and for at least the immediately 8866
preceding twelve months has been in a permanently unconscious 8867
state.8868

       (b) The patient no longer is able to make informed decisions 8869
regarding the administration of life-sustaining treatment.8870

       (c) There is no reasonable possibility that the patient will 8871
regain the capacity to make informed decisions regarding the 8872
administration of life-sustaining treatment.8873

       (d) The conditions specified in divisions (A)(1) to (4) of 8874
this section have been satisfied.8875

       (e) The decision to withhold or withdraw nutrition and 8876
hydration in connection with the patient is consistent with the 8877
previously expressed intention of the patient as described in 8878
division (B)(2) of this section or is consistent with the type of 8879
informed consent decision that the patient would have made if he8880
the patient previously had expressed hisan intention with respect 8881
to the use or continuation, or the withholding or withdrawal, of 8882
nutrition and hydration should hethe patient subsequently be in a 8883
permanently unconscious state and no longer able to make informed 8884
decisions regarding the administration of nutrition and hydration 8885
as described in division (B)(3) of this section.8886

       (3) Notwithstanding any contrary provision of the Revised 8887
Code or of the Rules of Civil Procedure, the state and persons 8888
other than individuals described in division (A)(4) of this 8889
section or in divisions (B)(1) to (5) of section 2133.08 of the 8890
Revised Code and other than the attending physician and consulting 8891
physician associated with the determination that nutrition and 8892
hydration will not or no longer will provide comfort or alleviate 8893
pain in connection with the patient are prohibited from filing an 8894
application under this division and from joining or being joined 8895
as parties to a hearing conducted under this division, including 8896
joining by way of intervention.8897

       (D) A valid consent given in accordance with this section 8898
supersedes any general consent to treatment form signed by or on 8899
behalf of the patient prior to, upon, or after histhe patient's8900
admission to a health care facility to the extent there is a 8901
conflict between the consent and the form.8902

       Sec. 2335.34.  On the first Monday of January, each year, the 8903
clerk of each court of common pleas and court of appeals, each 8904
probate judge, and each sheriff shall make two certified lists of 8905
causes in which money has been paid and has remained in the hands 8906
of suchthat person or in the hands of a former clerk, probate 8907
judge, or sheriff, for one year next preceding suchthat first 8908
Monday of January. SuchThe lists shall designate the amount of 8909
money and in whose hands it remains. One list shall be set up in a 8910
conspicuous place by suchthe officer, in histhe officer's8911
office, for the period of thirty days, and the other list shall be 8912
posted at or on the doora public area of the courthouse or 8913
published on the web site of the court or officer, on the second 8914
Monday of January, for the same period of time.8915

       Sec. 3101.02.  Any consent required under section 3101.01 of 8916
the Revised Code shall be personally given before the probate 8917
judge or a deputy clerk of the probate court, or certified under 8918
the hand of the person consenting, by two witnesses, one of whom 8919
mustshall appear before the judge and make oath that hethe 8920
witness saw the person whose name is annexed to the certificate 8921
subscribe it, or heard himthe person consenting acknowledge it.8922

       Sec. 3101.03.  If the parent or guardian of a minor is a 8923
nonresident of, or is absent from, the county in which the 8924
marriage license is applied for, hethe parent or guardian8925
personally may appear before the official upon whose authority 8926
marriage licenses are issued, in the county in which hethe parent 8927
or guardian is at the time domiciled, and give his consent in 8928
writing to suchthat marriage. The consent mustshall be attested 8929
to by two witnesses, certified to by suchthat official, and 8930
forwarded to the probate judge of the county in which the license 8931
is applied for. The probate judge may administer any oath 8932
required, issue and sign suchthe license, and affix the seal of 8933
the probate court.8934

       Sec. 3101.10.  A minister upon producing to the secretary of 8935
state, credentials of histhe minister's being a regularly 8936
ordained or licensed minister of any religious society or 8937
congregation, shall be entitled to receive from the secretary of 8938
state a license authorizing himthe minister to solemnize 8939
marriages in this state so long as hethe minister continues as a 8940
regular minister in suchthat society or congregation. A minister 8941
shall produce for inspection histhe minister's license to 8942
solemnize marriages upon demand of any party to a marriage at 8943
which hethe minister officiates or proposes to officiate or upon 8944
demand of any probate judge.8945

       Sec. 3101.13.  Except as otherwise provided in this section, 8946
a certificate of every marriage solemnized shall be transmitted by 8947
the authorized person solemnizing the marriage, within thirty days 8948
after the solemnization, to the probate judge of the county in 8949
which the marriage license was issued. If, in accordance with 8950
section 2101.27 of the Revised Code, a probate judge solemnizes a 8951
marriage and if the probate judge issued the marriage license to 8952
the husband and wife, hethe probate judge shall file a 8953
certificate of that solemnized marriage in histhe probate judge's8954
office within thirty days after the solemnization. All suchof the8955
transmitted and filed certificates shall be consecutively numbered 8956
and recorded in the order in which they are received.8957

       Sec. 3101.14.  Every marriage license shall have printed upon 8958
it in prominent type the notice that, unless the person 8959
solemnizing the marriage returns a certificate of the solemnized 8960
marriage to the probate court that issued the marriage license 8961
within thirty days after performing the ceremony, or, if the 8962
person solemnizing the marriage is a probate judge who is acting 8963
in accordance with section 2101.27 of the Revised Code and who 8964
issued the marriage license to the husband and wife, unless such a8965
that probate judge files a certificate of the solemnized marriage 8966
in histhe probate judge's office within thirty days after the 8967
solemnization, hethe person or probate judge is guilty of a minor8968
misdemeanor and, upon conviction, may be punished by a fine of 8969
fifty dollars. An envelope suitable for returning the certificate 8970
of marriage, and addressed to the proper probate court, shall be 8971
given with each license, except that this requirement does not 8972
apply if a marriage is to be solemnized by a probate judge who is 8973
acting in accordance with section 2101.27 of the Revised Code and 8974
who issued the marriage license to the husband and wife.8975

       Sec. 3313.85.  If the board of education of any city, 8976
exempted village, or local school district or the governing board 8977
of any educational service center fails to perform the duties 8978
imposed upon it or fails to fill a vacancy in suchthat board 8979
within a period of thirty days after suchthe vacancy occurs, the 8980
probate court of the county in which suchthe district or service 8981
center is located, upon being advised and satisfied of suchthat8982
failure, shall act as suchthat board and perform all duties 8983
imposed upon such boardto fill any vacancy as promptly as 8984
possible.8985

       Sec. 5111.113.  (A) As used in this section:8986

       (1) "Adult care facility" has the same meaning as in section 8987
3722.01 of the Revised Code.8988

       (2) "Commissioner" means a person appointed by a probate 8989
court under division (B)(E) of section 2113.03 of the Revised Code 8990
to act as a commissioner.8991

       (3) "Home" has the same meaning as in section 3721.10 of the 8992
Revised Code.8993

       (4) "Personal needs allowance account" means an account or 8994
petty cash fund that holds the money of a resident of an adult 8995
care facility or home and that the facility or home manages for 8996
the resident.8997

       (B) Except as provided in divisions (C) and (D) of this 8998
section, the owner or operator of an adult care facility or home 8999
shall transfer to the department of job and family services the 9000
money in the personal needs allowance account of a resident of the 9001
facility or home who was a recipient of the medical assistance 9002
program no earlier than sixty days but not later than ninety days 9003
after the resident dies. The adult care facility or home shall 9004
transfer the money even though the owner or operator of the 9005
facility or home has not been issued letters testamentary or 9006
letters of administration concerning the resident's estate.9007

       (C) If funeral or burial expenses for a resident of an adult 9008
care facility or home who has died have not been paid and the only 9009
resource the resident had that could be used to pay for the 9010
expenses is the money in the resident's personal needs allowance 9011
account, or all other resources of the resident are inadequate to 9012
pay the full cost of the expenses, the money in the resident's 9013
personal needs allowance account shall be used to pay for the 9014
expenses rather than being transferred to the department of job 9015
and family services pursuant to division (B) of this section.9016

       (D) If, not later than sixty days after a resident of an 9017
adult care facility or home dies, letters testamentary or letters 9018
of administration are issued, or an application for release from 9019
administration is filed under section 2113.03 of the Revised Code, 9020
concerning the resident's estate, the owner or operator of the 9021
facility or home shall transfer the money in the resident's 9022
personal needs allowance account to the administrator, executor, 9023
commissioner, or person who filed the application for release from 9024
administration.9025

       (E) The transfer or use of money in a resident's personal 9026
needs allowance account in accordance with division (B), (C), or 9027
(D) of this section discharges and releases the adult care 9028
facility or home, and the owner or operator of the facility or 9029
home, from any claim for the money from any source.9030

       (F) If, sixty-one or more days after a resident of an adult 9031
care facility or home dies, letters testamentary or letters of 9032
administration are issued, or an application for release from 9033
administration under section 2113.03 of the Revised Code is filed, 9034
concerning the resident's estate, the department of job and family 9035
services shall transfer the funds to the administrator, executor, 9036
commissioner, or person who filed the application, unless the 9037
department is entitled to recover the money under the medicaid 9038
estate recovery program instituted under section 5111.11 of the 9039
Revised Code.9040

       Section 2. That existing sections 2101.01, 2101.02, 2101.021, 9041
2101.03, 2101.04, 2101.06, 2101.07, 2101.08, 2101.09, 2101.10, 9042
2101.11, 2101.13, 2101.15, 2101.16, 2101.162, 2101.19, 2101.20, 9043
2101.22, 2101.23, 2101.24, 2101.27, 2101.30, 2101.34, 2101.37, 9044
2101.38, 2101.41, 2101.43, 2103.01, 2105.051, 2105.06, 2105.09, 9045
2105.10, 2105.11, 2105.13, 2105.14, 2105.15, 2105.16, 2105.19, 9046
2106.01, 2106.08, 2106.11, 2107.01, 2107.02, 2107.03, 2107.04, 9047
2107.05, 2107.07, 2107.08, 2107.081, 2107.082, 2107.083, 2107.084, 9048
2107.085, 2107.09, 2107.10, 2107.11, 2107.15, 2107.17, 2107.18, 9049
2107.20, 2107.21, 2107.22, 2107.29, 2107.32, 2107.34, 2107.35, 9050
2107.36, 2107.38, 2107.46, 2107.47, 2107.49, 2107.50, 2107.501, 9051
2107.51, 2107.52, 2107.53, 2107.54, 2107.55, 2107.56, 2107.58, 9052
2107.59, 2107.60, 2107.61, 2107.65, 2107.71, 2107.73, 2107.75, 9053
2108.51, 2109.02, 2109.021, 2109.03, 2109.04, 2109.05, 2109.06, 9054
2109.07, 2109.09, 2109.10, 2109.11, 2109.12, 2109.14, 2109.17, 9055
2109.19, 2109.20, 2109.21, 2109.22, 2109.24, 2109.25, 2109.26, 9056
2109.302, 2109.303, 2109.32, 2109.33, 2109.34, 2109.35, 2109.36, 9057
2109.361, 2109.37, 2109.371, 2109.372, 2109.38, 2109.39, 2109.40, 9058
2109.42, 2109.43, 2109.44, 2109.45, 2109.46, 2109.47, 2109.48, 9059
2109.49, 2109.50, 2109.51, 2109.52, 2109.53, 2109.54, 2109.55, 9060
2109.56, 2109.57, 2109.58, 2109.59, 2109.60, 2109.61, 2109.62, 9061
2111.02, 2111.021, 2111.031, 2111.04, 2111.041, 2111.06, 2111.07, 9062
2111.09, 2111.091, 2111.12, 2111.131, 2111.14, 2111.141, 2111.16, 9063
2111.17, 2111.181, 2111.19, 2111.20, 2111.21, 2111.22, 2111.25, 9064
2111.26, 2111.27, 2111.28, 2111.29, 2111.30, 2111.31, 2111.33, 9065
2111.34, 2111.35, 2111.36, 2111.37, 2111.38, 2111.39, 2111.40, 9066
2111.41, 2111.44, 2111.46, 2111.48, 2111.50, 2113.01, 2113.03, 9067
2113.04, 2113.05, 2113.06, 2113.07, 2113.12, 2113.13, 2113.14, 9068
2113.15, 2113.16, 2113.18, 2113.19, 2113.20, 2113.21, 2113.22, 9069
2113.25, 2113.30, 2113.31, 2113.311, 2113.33, 2113.34, 2113.35, 9070
2113.36, 2113.39, 2113.40, 2113.41, 2113.45, 2113.46, 2113.48, 9071
2113.49, 2113.50, 2113.51, 2113.52, 2113.54, 2113.58, 2113.61, 9072
2113.62, 2113.67, 2113.68, 2113.69, 2113.70, 2113.72, 2113.73, 9073
2113.74, 2113.75, 2113.81, 2113.82, 2113.85, 2113.86, 2113.87, 9074
2113.88, 2115.02, 2115.03, 2115.06, 2115.09, 2115.10, 2115.11, 9075
2115.12, 2115.16, 2115.17, 2117.01, 2117.02, 2117.03, 2117.04, 9076
2117.08, 2117.09, 2117.10, 2117.13, 2117.15, 2117.17, 2117.18, 9077
2117.30, 2117.31, 2117.34, 2117.35, 2117.36, 2117.37, 2117.41, 9078
2117.42, 2119.01, 2119.02, 2119.03, 2119.04, 2119.05, 2121.01, 9079
2121.02, 2121.05, 2121.06, 2121.08, 2121.09, 2123.02, 2123.03, 9080
2123.05, 2123.06, 2127.011, 2127.02, 2127.04, 2127.05, 2127.06, 9081
2127.07, 2127.08, 2127.09, 2127.10, 2127.11, 2127.12, 2127.13, 9082
2127.14, 2127.15, 2127.16, 2127.17, 2127.18, 2127.19, 2127.21, 9083
2127.22, 2127.23, 2127.24, 2127.27, 2127.28, 2127.29, 2127.30, 9084
2127.32, 2127.33, 2127.34, 2127.35, 2127.36, 2127.37, 2127.38, 9085
2127.39, 2127.40, 2127.41, 2127.42, 2127.43, 2129.02, 2129.05, 9086
2129.08, 2129.11, 2129.13, 2129.14, 2129.15, 2129.17, 2129.18, 9087
2129.19, 2129.23, 2129.25, 2129.26, 2129.28, 2129.29, 2129.30, 9088
2131.08, 2131.11, 2133.04, 2133.05, 2133.06, 2133.08, 2133.09, 9089
2335.34, 3101.02, 3101.03, 3101.10, 3101.13, 3101.14, 3313.85, and 9090
5111.113 and sections 2101.36, 2113.02, 2113.17, 2113.24, 2113.26, 9091
2113.27, 2113.28, 2113.29, 2113.57, and 2113.63 of the Revised 9092
Code are hereby repealed.9093

       Section 3. The provisions of this act that relate to the 9094
estates of decedents apply to the estates of decedents who die on 9095
or after the effective date of this act.9096

       Section 4. The General Assembly, applying the principle 9097
stated in division (B) of section 1.52 of the Revised Code that 9098
amendments are to be harmonized if reasonably capable of 9099
simultaneous operation, finds that the following sections, 9100
presented in this act as composites of the sections as amended by 9101
the acts indicated, are the resulting versions of the sections in 9102
effect prior to the effective date of the sections as presented in 9103
this act:9104

       Section 2101.24 of the Revised Code as amended by both Sub. 9105
H.B. 416 and Sub. H.B. 426 of the 126th General Assembly.9106

       Section 2109.44 of the Revised Code as amended by both Am. 9107
Sub. H.B. 538 and Sub. S.B. 129 of the 121st General Assembly.9108