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As Introduced
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 366 |
REPRESENTATIVES MOTTL-BOYD-GARCIA-HOOD-VAN VYVEN-HOTTINGER
A BILL
To amend section 2113.03 of the Revised Code to increase to $100,000 the
maximum value of a decedent's estate that can be
relieved from administration
if the surviving spouse is entitled to inherit all
assets of the estate under
testate or intestate circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2113.03 of the Revised Code be amended to read as
follows:
Sec. 2113.03. (A) Subject to division (D) of this
section, an estate may be released from administration under
division (B) of this section if either of the following applies:
(1) The value of the assets of the estate is thirty-five
thousand dollars or less.
(2) The value of the assets of the estate is eighty-five
ONE-HUNDRED thousand dollars or less and either of the following
applies:
(a) The decedent devised and bequeathed in a valid will
all of the assets of his THE DECEDENT'S estate to a person who
is named in the
will as his THE DECEDENT'S spouse, and the decedent is survived
by that person.
(b) The decedent is survived by a spouse whose marriage to
the decedent was solemnized in a manner consistent with Chapter
3101. of the Revised Code or with a similar law of another state
or nation, the decedent died without a valid will, and the
decedent's surviving spouse is entitled to receive all of the
assets of his THE DECEDENT'S estate under section 2105.06 of the
Revised Code or
by the operation of that section and division (B)(1) or (2) of
section 2106.13 of the Revised Code.
(B) Upon the application of any interested party, after
notice of the filing of the application has been given to the
surviving spouse and heirs at law in the manner and for the
length of time the probate court directs, and after notice to all
interested parties by publication in a newspaper of general
circulation in the county, unless the notices are waived or found
unnecessary, the court, when satisfied that division (A)(1) or
(2) of this section is satisfied, may enter an order relieving
the estate from administration and directing delivery of personal
property and transfer of real estate to the persons entitled to
the personal property or real estate.
For the purposes of this division, the value of an estate
that reasonably can be considered to be in an amount specified in
division (A)(1) or (2) of this section and that is not composed
entirely of money, stocks, bonds, or other property the value of
which is readily ascertainable, shall be determined by an
appraiser selected by the applicant, subject to the approval of
the court. The appraiser's valuation of the property shall be
reported to the court in the application to relieve the estate
from administration. The appraiser shall be paid in accordance
with section 2115.06 of the Revised Code.
For the purposes of this division, the amount of property
to be delivered or transferred to the surviving spouse, minor
children, or both, of the decedent as the allowance for support
shall be established in accordance with section 2106.13 of the
Revised Code.
When a delivery, sale, or transfer of personal property has
been ordered from an estate that has been relieved from
administration, the court may appoint a commissioner to execute
all necessary instruments of conveyance. The commissioner shall
receipt for the property, distribute the proceeds of the
conveyance upon court order, and report to the court after
distribution.
When the decedent died testate, the will shall be presented
for probate, and, if admitted to probate, the court may relieve
the estate from administration and order distribution of the
estate under the will.
An order of the court relieving an estate from
administration shall have the same effect as administration
proceedings in freeing land in the hands of an innocent purchaser
for value from possible claims of unsecured creditors.
(C) Any delivery of personal property or transfer of real
estate pursuant to an order relieving an estate from
administration is made subject to the limitations pertaining to
the claims of creditors set forth in divisions (B) and (C) of
section 2117.06 of the Revised Code.
(D) The release of an estate from administration under
this section does not affect any duty of any person to file an
estate tax return and certificate under division (A) of section
5731.21 of the Revised Code and does not affect the duties of a
probate court set forth in that division.
Section 2. That existing section 2113.03 of the Revised Code is hereby
repealed.
Section 3. Section 2113.03 of the Revised Code, as amended by this act,
applies to the estates of decedents who die on or after the effective date of
this act.
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