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As Reported by the House Civil and Commercial Law Committee
122nd General Assembly
Regular Session
1997-1998 | Sub. H. B. No. 366 |
REPRESENTATIVES MOTTL-BOYD-GARCIA-HOOD-VAN VYVEN-HOTTINGER-
CALLENDER-BEATTY-BUCHY-JONES-MASON-KASPUTIS
A BILL
To amend sections 2106.13 and 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 decedent's surviving spouse is entitled to inherit all
assets of the estate under
testate or intestate circumstances and to increase to $40,000 the amount of a
surviving spouse's and minor children's
statutory allowance for
support.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2106.13 and 2113.03 of the Revised Code be amended to
read as follows:
Sec. 2106.13. (A) If a person dies leaving a surviving
spouse and no minor children, leaving a surviving spouse and
minor children, or leaving minor children and no surviving
spouse, the surviving spouse, minor children, or both shall be
entitled to receive, subject to division (B) of this section, in
money or property the sum of twenty-five FORTY thousand dollars
as an allowance for support. If the surviving spouse selected two automobiles
under section 2106.18 of the Revised Code, the allowance for support
prescribed by this
section shall be reduced by the appraised value of the automobile having the
lower appraised value of the two automobiles so selected. The
money or property set off as an allowance FOR SUPPORT shall be
considered estate assets.
(B) The probate court shall order the distribution of the
allowance for support described in division (A) of this section
as follows:
(1) If the person died leaving a surviving spouse and no
minor children, one hundred per cent to the surviving spouse;
(2) If the person died leaving a surviving spouse and
minor children, and if all of the minor children are the children
of the surviving spouse, one hundred per cent to the surviving
spouse;
(3) If the person died leaving a surviving spouse and
minor children, and if not all of the minor children are children
of the surviving spouse, in equitable shares, as fixed by the
probate court in accordance with this division, to the surviving
spouse and the minor children who are not the children of the
surviving spouse. In determining equitable shares under this
division, the probate court shall do all of the following:
(a) Consider the respective needs of the surviving spouse,
the minor children who are children of the surviving spouse, and
the minor children who are not children of the surviving spouse;
(b) Allocate to the surviving spouse, the share that is
equitable in light of the needs of the surviving spouse and the
minor children who are children of the surviving spouse;
(c) Allocate to the minor children who are not children of
the surviving spouse, the share that is equitable in light of the
needs of those minor children.
(4) If the person died leaving minor children and no
surviving spouse, in equitable shares, as fixed by the probate
court in accordance with this division, to the minor children.
In determining equitable shares under this division, the probate
court shall consider the respective needs of the minor children
and allocate to each minor child the share that is equitable in
light of the child's needs.
(C) If the surviving spouse selected two automobiles under
section 2106.18 of the Revised Code, the probate court, in considering the respective needs
of the surviving spouse and the minor children when allocating an allowance
for support under division (B)(3) of this section, shall consider the
benefit derived by the surviving spouse from the transfer of the automobile
having the lower appraised value of the two automobiles so selected.
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 SECTION, 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 SECTION, 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 sections 2106.13 and 2113.03 of the Revised Code are
hereby repealed.
Section 3. Sections 2106.13 and 2113.03 of the Revised Code, as amended by
this act, apply to the estates of decedents who die on or after the effective
date of this act.
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