The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Reported by the House Civil and Commercial Law Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. S. B. No. 152 |
SENATORS CUPP-LATTA-OELSLAGER-ESPY-HERINGTON-HORN
REPRESENTATIVE SALERNO
A BILL
To amend sections 2105.06, 2105.061, 2106.11, and 2127.04 of the Revised Code
to modify the laws regarding intestate succession.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections
2105.06, 2105.061, 2106.11, and 2127.04,
of the Revised Code be amended
to read as
follows:
Sec. 2105.06. When a person dies intestate having title or
right to any personal property, or to any real estate or
inheritance, in this state, the personal property shall be
distributed, and the real estate or inheritance shall descend and
pass in parcenary, except as otherwise provided by law, in the
following course:
(A) If there is no surviving spouse, to the children of
the intestate or their lineal descendants, per stirpes;
(B) IF THERE IS A SPOUSE AND ONE OR MORE CHILDREN OF THE DECEDENT OR THEIR
LINEAL DESCENDANTS SURVIVING, AND ALL OF THE DECEDENT'S CHILDREN WHO SURVIVE
OR HAVE LINEAL DESCENDANTS SURVIVING ALSO ARE CHILDREN OF THE SURVIVING
SPOUSE, THEN THE WHOLE TO THE SURVIVING SPOUSE;
(C) If there is a spouse and one child OF THE DECEDENT or
its THE CHILD'S lineal descendants surviving, the first sixty
thousand dollars if AND the SURVIVING spouse is NOT
the natural or adoptive parent of the DECEDENT'S child, or the
first twenty thousand dollars if the spouse is not the natural or adoptive
parent of the child, plus one-half of the balance of the
intestate estate to the spouse and the remainder to the child or
his THE CHILD'S lineal descendants, per stirpes;
(C)(D) If there is a spouse and more than one child or their
lineal descendants surviving, the first sixty thousand dollars if
the spouse is the natural or adoptive parent of one, BUT NOT
ALL, of the children, or the first twenty thousand dollars if the
spouse is
the natural or adoptive parent of none of the children, plus
one-third of the balance of the intestate estate to the spouse
and the remainder to the children equally, or to the lineal
descendants of any deceased child, per stirpes;
(D)(E) If there are no children or their lineal descendants,
then the whole to the surviving spouse;
(E)(F) If there is no spouse and no children or their lineal
descendants, to the parents of the intestate equally, or to the
surviving parent;
(F)(G) If there is no spouse, no children or their lineal
descendants, and no parent surviving, to the brothers and
sisters, whether of the whole or of the half blood of the
intestate, or their lineal descendants, per stirpes;
(G)(H) If there are no brothers or sisters or their lineal
descendants, one-half to the paternal grandparents of the
intestate equally, or to the survivor of them, and one-half to
the maternal grandparents of the intestate equally, or to the
survivor of them;
(H)(I) If there is no paternal grandparent or no maternal
grandparent, one-half to the lineal descendants of the deceased
grandparents, per stirpes; if there are no such lineal
descendants, then to the surviving grandparents or their lineal
descendants, per stirpes; if there are no surviving grandparents
or their lineal descendants, then to the next of kin of the
intestate, provided there shall be no representation among such
next of kin;
(I)(J) If there are no next of kin, to stepchildren or their
lineal descendants, per stirpes;
(J)(K) If there are no stepchildren or their lineal
descendants, escheat to the state.
Sec. 2105.061. Except any real property that a surviving
spouse elects to receive under section 2106.10 of the
Revised Code, the title to real property in an intestate estate shall
descend and pass in parcenary to those persons entitled to it
under division (B) or, (C), OR (D) of
section 2105.06 of the Revised Code,
subject to the monetary charge of the surviving spouse. The
administrator or executor shall file an application for a
certificate of transfer as provided in section 2113.61 of the
Revised Code, which AND THE APPLICATION shall include a
statement of the amount of money that remains due and payable to the surviving
spouse as
found by the probate court. The certificate of transfer ordered
by the probate court shall recite that the title to the real
property described in the certificate is subject to the monetary
charge in favor of the surviving spouse, and shall recite the
value in dollars of the charge on the title to the real property
included in the certificate.
Sec. 2106.11. Subject to the right of the surviving
spouse to elect to receive the decedent's interest in the mansion house
pursuant to section 2106.10 of the Revised Code, the
specific monetary share payable to a surviving spouse under division (B)
or, (C), OR (D) of section 2105.06 of the
Revised Code shall be paid out
of the tangible and intangible personal property in the intestate
estate to the extent that the personal property is available for
distribution. The personal property distributed to the surviving
spouse, other than cash, shall be valued at the appraised value.
Before tangible and intangible personal property is
transferred to the surviving spouse in payment or part payment of
the specific monetary share, the administrator or executor shall
file an application that includes an inventory of the personal
property intended to be distributed in kind to the surviving
spouse, together with a statement of the appraised value of each
item of personal property included. The court shall examine the
application and make a finding of the amount of personal property
to be distributed to the surviving spouse, and shall order that
the personal property be distributed to the surviving spouse.
The court concurrently shall make a finding of the amount of
money that remains due and payable to the surviving spouse in
satisfaction of the specific monetary share to which the
surviving spouse is entitled under division (B) or, (C),
OR (D) of section 2105.06 of the Revised Code. Any amount
that remains due and payable shall be a charge on the title to any real
property in
the estate but the charge does not bear interest. This charge
may be conveyed or released in the same manner as any other
interest in real estate and may be enforced by foreclosure or any
other appropriate remedy.
Sec. 2127.04. (A) With the consent of all persons
entitled to share in an estate upon distribution, the executor,
administrator, or administrator with the will annexed may, and
upon the request of these persons shall, commence an action in
the probate court for authority to sell any part or all of the
decedent's real estate, even though THE REAL ESTATE IS not required to
be sold to
pay debts or legacies. A guardian may make such a request UNDER
THIS DIVISION, or give consent, on behalf of his THE
GUARDIAN'S ward.
(B) An executor, administrator, or administrator with the
will annexed may commence an action in the probate court, on his THE
EXECUTOR OR ADMINISTRATOR'S
own motion, to sell any part or all of the decedent's real
estate, even though it THE REAL ESTATE is not required to be
sold to pay debts or
legacies. The court shall not issue an order of sale in the
action unless one of the following categories SPECIFIED IN
DIVISIONS (B)(1)(a), (b), AND (c),
(B)(2)(a), (b), AND (c), AND
(B)(3) OF THIS SECTION applies:
(1)(a) At least fifty per cent of all the persons interested
in the real estate proposed to be sold have consented to the
sale; and, prior.
(b) PRIOR to the issuance of the order, no written
objection is filed with the court by any person or persons who
hold aggregate interests in the interest of the decedent in the
real estate proposed to be sold, that total in excess of
twenty-five per cent; and the.
(c) THE court determines that the sale is
in the best interest of the decedent's estate.
(2)(a) No person's interest in the interest of the decedent
in the real estate proposed to be sold exceeds ten per cent; and,
prior.
(b) PRIOR to the issuance of the order, no written objection
is filed with the court by any person or persons who hold aggregate
interests in the interest of the decedent in the real estate
proposed to be sold, that total in excess of twenty-five per
cent; and the.
(c) THE court determines that the sale is in the best
interest of the decedent's estate.
(3) The real estate proposed to be sold escheats to the
state under division (J)(K) of section 2105.06 of the Revised
Code.
(C) Notwithstanding any provision of the Revised Code, an
executor, administrator, or administrator with the will annexed
shall commence an action in the probate court to sell any part or
all of the decedent's real estate if any person who is entitled
to inherit all or part of the real estate cannot be found after a
due and diligent search. The court shall not issue an order of
sale in the action unless the sale is in the best interest of the
person who cannot be found and in the best interest of the
decedent's estate.
If a sale is ordered under this division, the costs of its
administration shall be taken from the proceeds of the sale.
(D) A surviving spouse who is an executor or administrator
of the decedent spouse's estate is not disqualified, by reason of
being executor or administrator, as a person to whom a parcel of
real estate may be sold pursuant to this section.
Section 2. That existing sections 2105.06, 2105.061, 2106.11, and
2127.04 of the Revised Code are hereby repealed.
Section 3. Sections 2105.06, 2105.061, 2106.11, and 2127.04
of the Revised Code, as amended by this act,
shall apply to the estates of decedents
who die on or after the effective date of this act.
|