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Sub. H. B. No. 345As Reported by the Senate Judiciary--Civil Justice CommitteeAs Reported by the Senate Judiciary--Civil Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Womer Benjamin, Manning, Willamowski, Sulzer, Seitz, Jones, Rhine, Schmidt, Roman, Salerno, Carano, Wilson, Calvert, Barrett, Krupinski, Hollister, Latta, Coates
A BILL
To amend sections 1339.66, 1339.68, 1340.22, 1547.54,
1548.07, 1548.071, 1548.08, 1548.11, 2106.18,
2107.27, 2107.28,
2109.62, 2113.30, 2113.61,
2117.25, 4503.12,
4505.06, 4505.10, 4549.08, and
4549.41; to amend,
for the purpose of adopting a
new section number
as
indicated in parentheses,
section 2106.17
(2131.12); and to enact sections
1548.072, 2107.06,
2131.13, 2305.121, and 3923.061
of the Revised Code relative to the
valuation limit
for termination of small trusts;
transfer on death
of a motor vehicle, watercraft,
or outboard motor;
reimbursement for payment of a
decedent's debt;
issuance of a certificate of
transfer of real
property; continuing a
decedent's
business after
death; establishing an age requirement to witness a
will; discretionary
distributions by a fiduciary;
lost, spoliated, or destroyed wills; statute of
limitations for certain revocable trusts; and
interest on proceeds of sickness and accident
insurance policies due to death.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1339.66, 1339.68, 1340.22, 1547.54,
1548.07, 1548.071, 1548.08, 1548.11, 2106.18, 2107.27, 2107.28,
2109.62, 2113.30,
2113.61, 2117.25, 4503.12, 4505.06, 4505.10,
4549.08, and 4549.41
be amended; section 2106.17 (2131.12) be
amended, for the purpose
of adopting a new section number as
indicated in parentheses; and
sections 1548.072, 2107.06, 2131.13,
2305.121, and 3923.061 of the Revised Code be enacted to
read as
follows:
Sec. 1339.66. (A)(1) Upon the filing of a motion by a
trustee with the court that has jurisdiction over the trust, upon
the provision of reasonable notice to all beneficiaries who are
known and in being and who have vested or contingent interests in
the trust, and after holding a hearing, the court may terminate
the trust, in whole or in part, if it determines that all of the
following apply: (a) It is no longer economically feasible to continue the
trust;. (b) The termination of the trust is for the benefit of the
beneficiaries;. (c) The termination of the trust is equitable and
practical;. (d) The current value of the trust is less than
fifty
one
hundred thousand dollars. (2) The existence of a spendthrift or similar provision in
a
trust instrument or will does not preclude the termination of a
trust pursuant to this section. (B) If property is to be distributed from an estate being
probated to a trust and the termination of the trust pursuant to
this section does not clearly defeat the intent of the testator,
the probate court has jurisdiction to order the outright
distribution of the property or to make the property custodial
property under sections 1339.31 to 1339.39 of the Revised Code.
A
probate court may so order whether the application for the
order
is made by an inter vivos trustee named in the will of the
decedent or by a testamentary trustee.
Sec. 1339.68. (A) As used in this section: (1) "Disclaimant" means any person, any guardian or
personal
representative of a person or estate of a person, or any
attorney-in-fact or agent of a person having a general or
specific
authority to act granted in a written instrument, who is
any of
the following: (a) With respect to testamentary instruments and intestate
succession, an heir, next of kin, devisee, legatee, donee, person
succeeding to a disclaimed interest, surviving joint tenant,
surviving tenant by the entireties, surviving tenant of a tenancy
with a right of survivorship, beneficiary under a testamentary
instrument, or person designated to take pursuant to a power of
appointment exercised by a testamentary instrument; (b) With respect to nontestamentary instruments, a
grantee,
donee, person succeeding to a disclaimed interest,
surviving joint
tenant, surviving tenant by the entireties,
surviving tenant of a
tenancy with a right of survivorship,
beneficiary under a
nontestamentary instrument, or person
designated to take pursuant
to a power of appointment exercised
by a nontestamentary
instrument; (c) With respect to fiduciary rights, privileges, powers,
and immunities, a fiduciary under a testamentary or
nontestamentary instrument. This section does not authorize a
fiduciary to disclaim the rights of beneficiaries unless the
instrument creating the fiduciary relationship authorizes such a
disclaimer. (d) Any person entitled to take an interest in property
upon
the death of a person or upon the occurrence of any other
event. (2) "Property" means all forms of property, real and
personal, tangible and intangible. (B)(1) A disclaimant, other than a fiduciary under an
instrument who is not authorized by the instrument to disclaim
the
interest of a beneficiary, may disclaim, in whole or in part,
the
succession to any property by executing and by delivering,
filing,
or recording a written disclaimer instrument in the
manner
provided in this section. (2) A disclaimant who is a fiduciary under an instrument
may
disclaim, in whole or in part, any right, power, privilege,
or
immunity, by executing and by delivering, filing, or recording
a
written disclaimer instrument in the manner provided in this
section. (3) The written instrument of disclaimer shall be signed
and
acknowledged by the disclaimant and shall contain all of the
following: (a) A reference to the donative instrument; (b) A description of the property, part of property, or
interest disclaimed, and of any fiduciary right, power,
privilege,
or immunity disclaimed; (c) A declaration of the disclaimer and its extent. (4) The guardian of the estate of a minor or an
incompetent,
or the personal representative of a deceased person,
with the
consent of the probate division of the court of common
pleas, may
disclaim, in whole or in part, the succession to any
property, or
interest in property, that the ward, if an adult and
competent, or
the deceased, if living, might have disclaimed.
The guardian or
personal representative, or any interested person
may file an
application with the probate division of the court of
common pleas
that has jurisdiction of the estate, asking that the
court order
the guardian or personal representative to execute
and deliver,
file, or record the disclaimer on behalf of the ward
or estate.
The court shall order the guardian or personal
representative to
execute and deliver, file, or record the
disclaimer if the court
finds, upon hearing after notice to
interested parties and such
other persons as the court shall
direct, that: (a) It is in the best interests of those interested in the
estate of the person and of those who will take the disclaimed
interest; (b) It would not materially, adversely affect the minor or
incompetent, or the beneficiaries of the estate of the decedent,
taking into consideration other available resources and the age,
probable life expectancy, physical and mental condition, and
present and reasonably anticipated future needs of the minor or
incompetent or the beneficiaries of the estate of the decedent. A written instrument of disclaimer ordered by the court
under
this division shall be executed and be delivered, filed, or
recorded within the time and in the manner in which the person
could have disclaimed if the person were living, an adult,
and
competent. (C) A partial disclaimer of property that is subject to a
burdensome interest created by the donative instrument is not
effective unless the disclaimed property constitutes a gift that
is separate and distinct from undisclaimed gifts. (D) The disclaimant shall deliver, file, or record the
disclaimer, or cause the same to be done, not later than nine
months after the latest of the following dates: (1) The effective date of the donative instrument if both
the taker and the taker's interest in the property are
finally
ascertained on that date; (2) The date of the occurrence of the event upon which
both
the taker and the taker's interest in the property
become finally
ascertainable; (3) The date on which the disclaimant attains twenty-one
years of age or is no longer an incompetent, without tendering or
repaying any benefit received while the disclaimant was under
twenty-one years of age or an incompetent, and even if a guardian
of a minor or incompetent had filed an application pursuant to
division (B)(4) of this section and the probate division of the
court of common pleas involved did not consent to the guardian
executing a disclaimer. (E) No disclaimer instrument is effective under this
section
if either of the following applies under the terms of the
disclaimer instrument: (1) The disclaimant has power to revoke the disclaimer;. (2) The disclaimant may transfer, or direct to be
transferred, to self the entire legal and equitable
ownership
of
the property subject to the disclaimer instrument. (F)(1) Subject to division (F)(2) of this section,
if the
interest disclaimed is created by a
nontestamentary instrument,
the disclaimer instrument shall be
delivered personally or by
certified mail to the trustee or other
person who has legal title
to, or possession of, the property
disclaimed. (2) If the interest disclaimed is created by a
testamentary
instrument, by intestate succession,
or by a
transfer on death
deed pursuant to section 5302.22 of the Revised Code,
or by a
certificate of title to a motor vehicle, watercraft, or outboard
motor that evidences ownership of the motor vehicle, watercraft,
or outboard motor that is transferable on death pursuant to
section 2131.13 of the Revised Code, the
disclaimer instrument
shall be filed in the probate division of
the court of common
pleas in the county in which proceedings for
the administration of
the decedent's estate have been commenced,
and an executed copy of
the disclaimer instrument shall be
delivered personally or by
certified mail to the personal
representative of the decedent's
estate. (3) If no proceedings for the administration of the
decedent's estate have been commenced, the disclaimer instrument
shall be filed in the probate division of the court of common
pleas in the county in which proceedings for the administration
of
the decedent's estate might be commenced according to law.
The
disclaimer instrument shall be filed and indexed, and fees
charged, in the same manner as provided by law for an application
to be appointed as personal representative to administer the
decedent's estate. The disclaimer is effective whether or not
proceedings thereafter are commenced to administer the decedent's
estate. If proceedings thereafter are commenced for the
administration of the decedent's estate, they shall be filed
under, or consolidated with, the case number assigned to the
disclaimer instrument. (4) If an interest in real estate is disclaimed, an
executed
copy of the disclaimer instrument also shall be recorded
in the
office of the recorder of the county in which the real
estate is
located. The disclaimer instrument shall include a
description of
the real estate with sufficient certainty to
identify it, and
shall contain a reference to the record of the
instrument that
created the interest disclaimed. If title to the
real estate is
registered under Chapters 5309. and 5310. of the
Revised Code, the
disclaimer interest shall be entered as a
memorial on the last
certificate of title. A spouse of a
disclaimant has no dower or
other interest in the real estate
disclaimed. (G) Unless the donative instrument expressly provides
that,
if there is a disclaimer, there shall not be any
acceleration of
remainders or other interests, the property, part
of property, or
interest in property disclaimed, and any future
interest that is
to take effect in possession or enjoyment at or
after the
termination of the interest disclaimed, shall descend,
be
distributed, or otherwise be disposed of, and shall be
accelerated, in the following manner: (1) If intestate or testate succession is disclaimed, as
if
the disclaimant had predeceased the decedent; (2) If the disclaimant is one designated to take pursuant
to
a power of appointment exercised by a testamentary instrument,
as
if the disclaimant had predeceased the donee of the power; (3) If the donative instrument is a nontestamentary
instrument, as if the disclaimant had died before the effective
date of the nontestamentary instrument; (4) If the disclaimer is of a fiduciary right, power,
privilege, or immunity, as if the right, power, privilege, or
immunity was never in the donative instrument. (H) A disclaimer pursuant to this section is effective as
of, and relates back for all purposes to, the date upon which the
taker and the taker's interest have been finally
ascertained. (I) A disclaimant who has a present and future interest in
property, and disclaims the disclaimant's present interest
in
whole or in part,
is considered to have disclaimed the
disclaimant's future
interest to the same
extent, unless a
contrary intention appears in the disclaimer
instrument or the
donative instrument. A disclaimant is not
precluded from
receiving, as an alternative taker, a beneficial
interest in the
property disclaimed, unless a contrary intention
appears in the
disclaimer instrument or in the donative
instrument. (J) The disclaimant's right to disclaim under this section
is barred if, before the expiration of the period within which
the
disclaimant
may disclaim the interest, the disclaimant does any of
the
following: (1) Assigns, conveys, encumbers, pledges, or transfers, or
contracts to assign, convey, encumber, pledge, or transfer, the
property or any interest in it; (2) Waives in writing the disclaimant's right to disclaim
and executes
and delivers, files, or records the waiver in the
manner provided
in this section for a disclaimer instrument; (3) Accepts the property or an interest in it; (4) Permits or suffers a sale or other disposition of the
property pursuant to judicial action against the
disclaimant. (K) A fiduciary's application for appointment or
assumption
of duties as a fiduciary does not waive or bar the
disclaimant's
right to disclaim a right, power, privilege, or immunity. (L) The right to disclaim under this section exists
irrespective of any limitation on the interest of the disclaimant
in the nature of a spendthrift provision or similar restriction. (M) A disclaimer instrument or written waiver of the right
to disclaim that has been executed and delivered, filed, or
recorded as required by this section is final and binding upon
all
persons. (N) The right to disclaim and the procedures for
disclaimer
established by this section are in addition to, and do
not exclude
or abridge, any other rights or procedures existing
under any
other section of the Revised Code or at common law to
assign,
convey, release, refuse to accept, renounce, waive, or
disclaim
property. (O)(1) No person is liable for distributing or disposing
of
property in a manner inconsistent with the terms of a valid
disclaimer if the distribution or disposition is otherwise proper
and the person has no actual knowledge of the disclaimer. (2) No person is liable for distributing or disposing of
property in reliance upon the terms of a disclaimer that is
invalid because the right of disclaimer has been waived or barred
if the distribution or disposition is otherwise proper and the
person has no actual knowledge of the facts that constitute a
waiver or bar to the right to disclaim. (P)(1) A disclaimant may disclaim pursuant to this
section
any interest in property that is in existence on
September 27,
1976, if either the interest in the property or the
taker of the
interest in the property is not finally ascertained
on that date. (2) No disclaimer executed pursuant to this section
destroys
or diminishes an interest in property that exists on
September 27,
1976, in any person other than the disclaimant.
Sec. 1340.22. (A) Unless the governing instrument
conferring the powers specifically refers to this section and
states that this section does not apply and except as provided in
divisions (B), (C), and (D) of this section, any of the following
powers conferred upon a fiduciary by the governing instrument
cannot be exercised by the fiduciary: (1) The power to make any discretionary distribution of
either principal or income to or for the benefit of the fiduciary
in the fiduciary's individual capacity; (2) The power to make any discretionary distribution of
either principal or income to satisfy any of the fiduciary's
legal
obligations in the fiduciary's individual capacity for
support or
other purposes; (3) The power to make any discretionary distribution of
either principal or income to or for the benefit of one or more
beneficiaries to the extent that the fiduciary would or could
receive a similar distribution in the fiduciary's individual
capacity under any governing instrument from the beneficiary or
beneficiaries
acting as a fiduciary; (4) The power to make any discretionary distribution of
either principal or income to or for the benefit of one or more
beneficiaries who possess both the right to remove the fiduciary
and the right to appoint a successor fiduciary
that may include
but is not limited to the beneficiary, any of the beneficiaries,
or any related or subordinate person, within the meaning of
section 672(c) of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 672(c), with respect to the beneficiary or any of
the beneficiaries, if the successor
fiduciary has been appointed
by the exercise of both of those
rights by the beneficiary or
beneficiaries. (B)(1) If division (A)(1), (3), or (4) of this section
prohibits a fiduciary from exercising any power conferred by the
governing
instrument, the fiduciary, notwithstanding
division
(A)(1), (3), or (4)
of this section, may exercise the power to the
extent set forth in the governing instrument, provided that
the
exercise of that power, in all events, shall be limited to an
ascertainable standard. (2) Any power conferred upon a fiduciary that permits the
fiduciary
to make discretionary distributions of either principal
or income
and that is expressed in terms of a beneficiary's
health,
education, support, comfort, care, comfort and support,
support
in reasonable comfort, support in accustomed manner of
living,
maintenance, maintenance in health and reasonable comfort,
or any
combination of those factors, is a power conferred upon the
fiduciary, the exercise of which is reasonably measurable in
terms
of, and limited by, an ascertainable standard related to
the
health, education, support, and maintenance of the
beneficiary. (C) Any fiduciary who is authorized to exercise one or
more
powers set forth in a governing instrument may exercise any
of
those powers that the fiduciary is not prohibited from
exercising
because
of the operation of division (A) of this section even
though one
or more other fiduciaries under the governing
instrument is
prohibited from exercising the power because of the
operation of
division (A) of this section. (D) Any power conferred upon a fiduciary that the fiduciary
cannot
exercise because of the operation of division (A) of this
section
may be exercised by a special fiduciary appointed by a
court of
competent jurisdiction. Upon the application of any
party in
interest, the appropriate probate court or general
division of
the appropriate court of common pleas may appoint a
special
fiduciary. Upon the appointment of a special fiduciary
under
this division, the special fiduciary is qualified to
exercise any
power set forth in the governing instrument during
the period of
time that the court designates. (E) This section does not apply to any of the following: (1) Any purely discretionary power to distribute either
principal or income to or for the benefit of a beneficiary, other
than a beneficiary who is also a fiduciary, that
is exercisable in
a fiduciary capacity in the sole and absolute
discretion of the
fiduciary and without any other direction or
limitation as to its
exercise or use set forth in the governing
instrument; (2) Any power of appointment or withdrawal that
specifically
is granted in the governing instrument to a
beneficiary and that
is exercisable in an individual capacity but
not in a fiduciary
capacity; (3) Any trust during the time that the trust is revocable or
amendable by its settlor; (4) Any power held by a decedent's or settlor's spouse who
is the trustee under a decedent's trust for which a marital
deduction for estate tax purposes has been allowed, except a trust
or portion of a trust regarding which a special election for
qualified terminable interest property has been made as provided
in section 2652(a)(3) of the "Internal Revenue Code of 1986," 100
Stat. 2085, 26 U.S.C. 2652(a)(3); (5)(a) Subject to divisions (E)(5)(b) and (c) of this
section, any irrevocable trust created under a governing
instrument executed before the expiration of three years after the
effective date of this amendment, if all of the parties in
interest elect affirmatively not to be subject to the application
of this section through a written instrument delivered to the
fiduciary. (b) In the case of a testamentary trust, the election
described in division (E)(5)(a) of this section shall be filed
with the probate court in which the will was admitted to probate. (c) All of the parties in interest shall make the election
described in division (E)(5)(a) of this section on or before the
later of the expiration of three years after the effective date of
this amendment or three years after the date on which the trust
becomes irrevocable. (d) As used in division (E)(5) of this section, "party in
interest" does not include a contingent remainder beneficiary and
means any of the following: (i) Each fiduciary then serving; (ii) Each current beneficiary then in existence or, if that
beneficiary has not attained the age of majority or otherwise is
incapacitated, the beneficiary's legal representative under
applicable law or the attorney in fact of the current beneficiary
under a durable power of attorney that is sufficient to grant the
authority under division (E)(5) of this section; (iii) Each remainder beneficiary then in existence or, if
that remainder beneficiary has not attained the age of majority or
otherwise is incapacitated, the remainder beneficiary's legal
representative under applicable law or the attorney in fact of the
remainder beneficiary under a durable power of attorney that is
sufficient to grant the authority under division (E)(5) of this
section.
Sec. 1547.54. (A)(1) The owner of every watercraft
requiring
registration under this chapter shall file an
application for a
triennial registration certificate with the
chief of the division of
watercraft on forms that shall be
provided by the chief or by an electronic
means approved by the
chief. The
application shall be signed by the following: (a) If the watercraft is owned by two persons under joint
ownership with
right of survivorship established under section
2106.17
2131.12 of the Revised Code,
by both of those persons as
owners of the watercraft. The
signatures may be done by
electronic signature if the owners themselves are
renewing the
registration and there are no changes in the registration
information since the issuance of the immediately preceding
registration
certificate. In all other instances, the signatures
must
shall be done manually. (b) If the watercraft is owned by a minor, by the minor and
a parent or legal
guardian. The signatures may be done by
electronic
signature if the parent or legal guardian and the minor
themselves are
renewing the registration and there are no changes
in the registration
information since the issuance of the
immediately preceding registration
certificate. In all other
instances, the signatures
must
shall be done manually. (c) In all other cases, by the owner of the watercraft. The
signature may be done by electronic signature if the owner him or
herself is
renewing the registration and there are no changes in
the registration
information since the issuance of the immediately
preceding registration
certificate. In all other instances, the
signatures
must
shall be done manually. (2) An application for a triennial registration of a
watercraft filed
under division
(A)(1) of this section shall be
accompanied by the following
fee: (a) For canoes, kayaks, rowboats, and inflatable watercraft,
twelve
dollars; (b) For class A watercraft, including motorized canoes,
thirty
dollars; (c) For class 1 watercraft, forty-five dollars; (d) For class 2 watercraft, sixty dollars; (e) For class 3 watercraft, seventy-five dollars; (f) For class 4 watercraft, ninety dollars. (3) For the purpose of registration, any watercraft operated
by
means of power, sail, or any other mechanical or electrical
means
of propulsion, except motorized canoes, shall be
registered
by length as prescribed in this
section. (4) If an application for registration is filed by two
persons
as owners
under division (A)(1)(a) of this section, the
person who is
listed first on
the title shall serve as and perform
the duties of the "owner"
and shall be
considered the person "in
whose name the watercraft is
registered" for
purposes of divisions
(B) to (Q) of this section and for
purposes
of all other
sections
in this chapter. (B) All registration certificates are valid for three years
and are
renewable on a
triennial basis unless sooner terminated or
discontinued in
accordance with this chapter. The renewal date
shall be printed
on the registration certificate. A registration
certificate may
be renewed by the owner in the manner prescribed
by the chief. All fees shall
be charged according to a proration
of the time
remaining in the registration cycle to the nearest
year. (C) In addition to the fees set forth in this section, the
chief, or any authorized agent, shall charge an additional fee of
three dollars for any registration certificate
the chief or
authorized agent issues.
When the registration
certificate is
issued by an authorized
agent, the additional fee of three dollars
shall be retained by the issuing
agent. When the registration
certificate is issued by the chief, the additional fee of three
dollars shall be deposited to the credit of the waterways safety
fund established in section 1547.75 of the Revised Code. (D) Upon receipt of the application in approved form, the
chief shall enter the same upon the records of the office of the
division, assign a number to the watercraft if a number is
required under section 1547.53 of the Revised Code, and issue to
the applicant a registration certificate. If a number is
assigned
by the chief, it shall be set forth on the certificate.
The
registration certificate shall be on the watercraft for which
it
is issued and available at all times for inspection whenever
the
watercraft is in operation, except that livery operators may
retain the registration certificate at the livery where it shall
remain available for inspection at all times. (E) No person shall issue or be issued a registration
certificate for a watercraft that
is required to be issued a
certificate of title under Chapter 1548.
of the Revised Code
except upon presentation of a certificate of title for the
watercraft as provided in that
chapter,
proof of current
documentation by the United States coast guard,
a renewal
registration form provided by the division of
watercraft, or a
certificate of registration issued under this
section that has
expired if there is no change in the ownership or description
of
the watercraft. (F) Whenever the ownership of a watercraft changes, a new
application form together with the prescribed fee shall be filed
with the chief or the chief's agent and a new
registration
certificate
shall be issued. The application shall be signed
manually by the
person or persons
specified in division (A)(1)(a)
to (c) of this section and shall be
accompanied by a
two-dollar
transfer fee. Any remaining time on the registration
shall be
transferred. An authorized agent of the chief shall
charge an
additional fee of three dollars, which shall be
retained by the
issuing agent. If the certificate is issued
by the chief, an
additional fee of three dollars for each
certificate issued shall
be collected. (G) If an agency of the United States has in force an
overall system of identification numbering for watercraft or
certain types of watercraft within the United States, the
numbering system employed by the division shall be in conformity
with that system. (H) The chief may assign any registration certificates to
any authorized agent for the assignment
thereof
of the
registration certificates. If a person
accepts that
authorization, the person may be assigned a
block of numbers
and
certificates
therefor that upon assignment, in
conformity
with
this chapter and Chapter 1548. of the Revised Code and with
rules
of the division, shall be valid as if assigned
directly by the
division. Any person so designated as an agent
by the chief shall
post with the division security as may be
required by the director
of natural resources. The chief may
issue an order temporarily or
permanently restricting or
suspending an agent's authorization
without a hearing if the
chief finds
that the agent has violated
this chapter or Chapter 1548. of the
Revised Code, rules adopted
under them, or any agreements
prescribed
by the chief. (I) All records of the division made or kept pursuant to
this section shall be public records. Those records shall be
available for inspection at reasonable hours and in a manner
compatible with normal operations of the division. (J) The owner shall furnish the division notice within
fifteen days of the following: (1) The transfer, other than through the creation of a
security interest in
any watercraft, of all or any part of the
owner's interest
or, if the watercraft is
owned by two persons
under joint ownership with right of survivorship
established under
section
2106.17
2131.12 of the Revised Code, of all or any part of
the
joint interest of either of the two persons. The transfer
shall
not
terminate the registration certificate. (2) Any change in the address appearing on the
certificate
and, as a part of the notification,
shall furnish
the chief with
the owner's new address; (3) The destruction or abandonment of the watercraft. (K) The chief may issue duplicate registration
certificates
or duplicate tags to owners of currently registered
watercraft,
the fee for which shall be four dollars. (L) If the chief finds that a registration certificate
previously issued to an owner is in error to a degree that would
impair its basic purpose and use, the chief may issue a
corrected
certificate to the owner without charge. (M) No authorized agent shall issue and no person shall
receive or accept from an authorized agent a registration
certificate assigned to the authorized agent under division (H)
of
this section unless the exact month, day, and year of issue
are
plainly written
thereon
on the certificate by the agent.
Certificates issued
with incorrect dates of issue are void from
the time they are
issued. (N) The chief, in accordance with Chapter 119. of the
Revised Code,
shall adopt
rules governing the renewal of
watercraft registrations by electronic means. (O) As used in this section: (1) "Disabled veteran" means a person who is
included in
either
of the following categories: (a) Because of a service-connected disability, has been or
is awarded funds for the purchase of a motor vehicle under the
"Disabled Veterans' and Servicemen's Automobile Assistance Act of
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto; (b) Has a service-connected disability rated at one
hundred
per cent by the veterans administration. (2) "Prisoner of war" means any regularly appointed,
enrolled, enlisted, or inducted member of the military forces of
the United States who was captured, separated, and incarcerated
by
an enemy of the United States at any time, and any regularly
appointed, enrolled, or enlisted member of the military forces of
Great Britain, France,
Australia, Belgium, Brazil, Canada, China,
Denmark, Greece, the
Netherlands, New Zealand, Norway, Poland,
South Africa, or the republics
formerly associated with the Union
of Soviet
Socialist Republics or
Yugoslavia who was a citizen of
the United States at the time of
the appointment, enrollment, or
enlistment, and was captured,
separated, and incarcerated by an
enemy of this country during
World War II. (P) Any disabled veteran, congressional medal of honor
awardee, or prisoner of war may apply to the chief for a
certificate of registration, or for a renewal of the
certificate
of
registration, without the payment of any fee required by
this
section.
The application for a certificate of registration shall
be accompanied
by evidence of disability or by documentary
evidence
in
support of a congressional medal of honor that the
chief
requires
by rule. The application for a certificate of
registration by any
person who has been a prisoner of war shall be
accompanied by
written evidence in the form of a record of
separation, a letter
from one of the armed forces of a country
listed in division
(O)(2) of this section, or other evidence that
the chief
may
require by rule, that the person was honorably
discharged or is
currently residing in this state on active duty
with
one of the
branches of the armed forces of the United States,
or was a
prisoner of war and was honorably discharged or received
an
equivalent discharge or release from one of the armed forces of
a
country listed in division (O)(2) of this section. (Q) Annually by the fifteenth day of January, the director
of natural resources shall determine the amount of fees that
would
have been collected in the prior calendar year for each
certificate of registration issued or renewed pursuant to
division
(P)
of this section and shall certify the total amount of foregone
revenue
to the director of budget and management for
reimbursement. The
director of budget and management shall
transfer the
amount certified from the general revenue fund to the
waterways
safety fund created pursuant to section 1547.75 of the
Revised
Code.
Sec. 1548.07. (A) An application for a certificate of title
shall be sworn to before a notary public or other officer
empowered to administer oaths by the lawful owner or purchaser of
the watercraft or outboard motor and shall contain the following
information in the form and together with any other information
that the chief of the division of watercraft may require: (1) Name, address, and social security number or
employer's
tax identification number of the applicant; (2) Statement of how the watercraft or outboard motor was
acquired; (3) Name and address of the previous owner; (4) A statement of all liens, mortgages, or other
encumbrances on the watercraft or outboard motor, including a
description of the nature and amount of each lien, mortgage, or
encumbrance, and the name and address of each holder
thereof
of
the lien, mortgage, or encumbrance; (5) If there are no outstanding liens, mortgages, or other
encumbrances, a statement of that fact; (6) A description of the watercraft, including the make,
year, length, series or model, if any, body type, hull
identification number or
hull identification number serial number,
and
make, manufacturer's
serial number, and horsepower of any
inboard motor or motors; or
a description of the outboard motor,
including the make, year,
series or model, if any, manufacturer's
serial number, and
horsepower; (G)(7) The purchase price, trade-in allowed, and amount of
sales or use tax paid under Chapter 5739. or 5741. of the Revised
Code.
(B) If the application is made by two persons regarding a
watercraft or outboard motor in which they wish to establish
joint
ownership with right of survivorship, they may do so as
provided
in section
2106.17
2131.12 of the Revised Code. (C)
If the applicant wishes to designate a watercraft or
outboard motor in beneficiary form, the applicant may do so as
provided in section 2131.13 of the Revised Code. (D) If the watercraft or outboard motor contains a
permanent
identification number placed
thereon
on the watercraft or outboard
motor by the
manufacturer, this number shall be used as the serial
number or
hull identification number. If there is no
manufacturer's
identification number, or if the manufacturer's
identification
number has been removed or obliterated, the chief,
upon receipt
of a prescribed application and proof of ownership,
may assign an
identification number for the watercraft or outboard
motor, and
this number shall be permanently affixed or imprinted
by the
applicant, at the place and in the manner designated by the
chief, upon the watercraft or outboard motor for which it is
assigned.
Sec. 1548.071. Any two persons may establish in accordance
with section
2106.17
2131.12 of the Revised Code joint ownership
with right of survivorship in a
watercraft or outboard motor for
which a certificate of title is required
under this chapter and
that one or both of them owns. Two persons who
establish joint
ownership with right of survivorship in a watercraft or
outboard
motor in accordance with section
2106.17
2131.12 of the Revised
Code may
terminate the joint ownership with right of survivorship
by applying for a
title in accordance with
Chapter 1548. of the
Revised Code
this chapter.
Sec. 1548.072. Any person who owns a watercraft or outboard
motor for which a certificate of title is required under this
chapter may establish ownership of the watercraft or outboard
motor that is transferable on death by designating the watercraft
or outboard motor in beneficiary form in accordance with section
2131.13 of the Revised Code. Any person who establishes ownership
of a watercraft or outboard motor that is transferable on death in
accordance with section 2131.13 of the Revised Code may terminate
that type of ownership or change the designation of the
transfer-on-death beneficiary or beneficiaries by applying for a
certificate of title in accordance with this chapter.
Sec. 1548.08.
When the clerk of
a court
of common
pleas
issues a physical certificate of title for a watercraft or
outboard motor, the clerk shall
issue
it
over
the clerk's
official
seal.
All
physical certificates
of title to watercraft
or
outboard motors
shall
contain the
information required in
the
application for
them as prescribed by
section 1548.07 of
the Revised Code,
as
well as spaces for the
dates of notation
and cancellation of each
lien, mortgage, or
encumbrance, over
the signature of the clerk. If
any
certificate of title is
issued for a watercraft or
outboard motor
in which two persons
are establishing joint
ownership with right
of survivorship
under section
2106.17
2131.12 of the
Revised Code, the
certificate, in
addition to the information
required by this
section, shall show
that the two persons have
established joint
ownership with right
of survivorship in the
watercraft or
outboard
motor.
If the
certificate of title is issued for a
watercraft or outboard motor
that is designated in beneficiary
form under section 2131.13 of
the Revised Code, in addition to the
information required by this
section, the certificate shall show
that the present owner of the
watercraft or outboard motor has
designated a specified
transfer-on-death beneficiary or
beneficiaries who will take
ownership of the watercraft or
outboard motor at the death of the
present owner in accordance
with section 2131.13 of the Revised
Code. An assignment of certificate of
title
before a notary public
or other officer empowered to
administer oaths shall appear on
the
reverse side of each
physical
certificate of title in the
form to
be prescribed by the chief of
the division of
watercraft.
The
assignment form shall include a
warranty
that
the signer is the
owner of the watercraft or
outboard motor
and
that there are no
mortgages, liens, or
encumbrances on the
watercraft or outboard
motor except
as
those that are
noted on
the face of
the certificate of title.
Sec. 1548.11. (A) In the event of the transfer of
ownership
of a watercraft or outboard motor by operation of law,
as upon
inheritance, devise, bequest, order in bankruptcy,
insolvency,
replevin, or execution of sale, or whenever the
engine of a
watercraft is replaced by another engine,
or
whenever
a watercraft
or outboard motor is sold to satisfy storage or
repair charges, or
repossession is had upon default in
performance of the terms of a
security agreement as provided in
Chapter 1309. of the Revised Code,
a clerk of
a court of
common
pleas, upon the
surrender
of the prior certificate of title
or
the manufacturer's
or
importer's certificate, or, when that
is
not possible, upon
presentation of satisfactory proof to the
clerk of ownership and
rights of possession to the watercraft or
outboard motor,
and
upon
payment of the fee prescribed in
section 1548.10 of the
Revised
Code and presentation of an
application for certificate
of title,
may issue to the applicant
a certificate of title to
the
watercraft or outboard motor.
Only
an affidavit by the
person or
agent of the person to whom
possession of the
watercraft or
outboard motor has passed,
setting forth the facts
entitling the
person to possession and
ownership,
together with a
copy of the
journal entry, court
order, or instrument upon which
the claim of
possession and
ownership is founded, is
satisfactory proof of
ownership and
right of possession. If the
applicant cannot
produce such proof
of ownership, the
applicant may apply
directly
to the chief of
the division of watercraft and submit
such
evidence as the
applicant has, and the chief,
if the chief finds
the evidence
sufficient, may
authorize the clerk to issue
a
certificate of
title. If, from the records in the office of
the
clerk, there
appears to be any lien on the watercraft
or
outboard
motor, the
certificate of title shall contain a
statement of the
lien
unless the
application is
accompanied by
proper evidence of
its extinction. (B) Upon the death of one of the persons who have
established joint ownership with right of survivorship under
section
2106.17
2131.12 of the Revised Code in a watercraft or
outboard
motor and the presentation to the clerk of the title and
the
certificate of death of the deceased person, the clerk shall
enter
into the records the transfer of the
watercraft or
outboard
motor
to the surviving person, and the title to the
watercraft or
outboard motor immediately passes to the surviving
person. The
transfer does not affect any liens on the watercraft
or outboard
motor. (C) The clerk shall transfer a decedent's interest in one
watercraft, one outboard motor, or one of each to the decedent's
surviving
spouse as provided in section 2106.19 of the Revised
Code. (D) Upon the death of an owner of a watercraft or outboard
motor designated in beneficiary form under section 2131.13 of the
Revised Code, upon application of the transfer-on-death
beneficiary or beneficiaries designated pursuant to that section,
and upon presentation to the clerk of the certificate of title and
the certificate of death of the deceased owner, the clerk shall
transfer the watercraft or outboard motor and issue a certificate
of title to the transfer-on-death beneficiary or beneficiaries.
The transfer does not affect any liens upon any watercraft or
outboard motor so transferred.
Sec. 2106.18. (A) Upon the death of a married resident
who
owned at least one automobile at the time of death, the
interest
of the deceased spouse in up to two automobiles
that are not
transferred to
the surviving spouse due to joint ownership with
right of survivorship
established under section
2106.17
2131.12 of
the Revised Code,
that are not transferred to a transfer-on-death
beneficiary or beneficiaries designated under section 2131.13 of
the Revised Code, and that are
not otherwise specifically disposed
of by testamentary disposition,
may be selected by the surviving
spouse. This
interest shall immediately
pass to the surviving
spouse upon transfer of the title or titles in
accordance
with
section 4505.10 of the Revised
Code. The sum total of the values
of the automobiles
selected by
a surviving spouse under this
division, as specified in the
affidavit that the surviving spouse
executes pursuant to division (B)
of section 4505.10 of the
Revised Code, shall not exceed forty thousand
dollars. Each
automobile that passes to a surviving spouse under this
division
shall not be considered an estate asset and
shall not be included
in the estate inventory. (B) The executor or administrator, with the approval of
the
probate court, may transfer title to an automobile owned by
the
decedent to any of the following: (1) The surviving spouse, when the automobile is
purchased
by the surviving spouse pursuant to section 2106.16 of
the Revised
Code; (C) The executor or administrator may transfer title to an
automobile owned by the decedent without the approval of the
probate court to any of the following: (1) A legatee entitled to the automobile under the
terms of
the will; (2) A distributee if the distribution of the automobile
is
made without court order pursuant to section 2113.55 of the
Revised Code; (3) A purchaser if the sale of the automobile is made
pursuant to section 2113.39 of the Revised Code. (D) As used in division (A) of this section, "automobile"
includes a truck if the truck was used as a method of conveyance
by
the deceased spouse or the deceased spouse's family when the
deceased spouse was
alive.
Sec. 2107.06. No person under eighteen years of age shall
witness a will executed pursuant to section 2107.03 of the Revised
Code or an agreement to make a will or to make a devise or bequest
by will pursuant to section 2107.04 of the Revised Code.
Sec. 2107.27. (A) When application is made to the probate
court to admit to probate a will that has been lost, spoliated,
or
destroyed, the party seeking to prove the will shall give a
written notice by certified mail to the surviving spouse, to the
next of kin of the testator,
and to all persons
whose interest it
may be to resist the probate
who would be entitled to inherit from
the testator under Chapter 2105. of the Revised Code if the
testator had died intestate, to all legatees and devisees that are
named in the will, and to all legatees and devisees that are named
in the most recent will prior to the lost, spoliated, or destroyed
will that is known to the applicant. (B) In
such
the cases
described in division (A) of this
section, the
court
proponents and opponents of the will shall
cause the witnesses to the
will, and any other witnesses that
a
person interested in having
have relevant and material knowledge
about the will
admitted to probate desires, to
have appear, to
come
before the court
to testify.
The witnesses shall be examined
by the probate
judge, and their testimony shall be reduced to
writing and then
filed in the records of the probate court
pertaining to the
testator's estate. When
If any witnesses reside
out of its
jurisdiction, or reside within its jurisdiction but are
infirm or
unable to attend, the probate court may order their
testimony to
be taken and reduced to writing by some competent
person, which. The testimony shall be filed in
such
the records
of
the probate court pertaining to the testator's estate. (C) If upon such proof, the court
is satisfied that the will
was executed in the manner provided by the law in force at the
time of its execution, that its contents are substantially
proved,
that it was unrevoked at the death of the testator, and
has been
lost, spoliated, or destroyed since his
death, since he became
incapable of making a will by reason of insanity, or
before the
death of the testator if his lack of
knowledge of the
loss,
spoliation, or destruction can be proved by clear and
convincing
testimony
finds that the requirements of section 2107.26 of the
Revised Code have been met, the probate court shall find and
establish
the contents of the will as near as can be ascertained
and cause
them and the testimony taken in the case to be recorded
in the
probate court.
The The contents of the will shall be as effectual for all
purposes as if the original will had been admitted to probate and
record.
Sec. 2107.28. If a will is lost, spoliated, destroyed,
mislaid, or stolen,
after it has been admitted to probate but
before it has been recorded, upon
notice being given,
to the
persons as provided by section 2107.27 of the Revised Code,
to
persons whose interest it may be to resist the probate and record
of such
will the probate court may hear testimony, and if. If the
court is satisfied that the contents
of the will have been
substantially proved, the court may record
such
the will as
thus
proven, which. The record shall have all the
effect
effects of a
record of the
original will.
Sec. 2109.62. (A)(1) Upon the filing of a motion by a
trustee with the court that has jurisdiction over the trust, upon
the provision of reasonable notice to all beneficiaries who are
known and in being and who have vested or contingent interests in
the trust, and after holding a hearing, the court may terminate
the trust, in whole or in part, if it determines that all of the
following apply: (a) It is no longer economically feasible to continue the
trust;. (b) The termination of the trust is for the benefit of the
beneficiaries;. (c) The termination of the trust is equitable and
practical;. (d) The current value of the trust is less than
fifty
one
hundred thousand dollars. (2) The existence of a spendthrift or similar provision in
a
trust instrument or will does not preclude the termination of a
trust pursuant to this section. (B) If property is to be distributed from an estate being
probated to a trust and the termination of the trust pursuant to
this section does not clearly defeat the intent of the testator,
the probate court has jurisdiction to order the outright
distribution of the property or to make the property custodial
property under sections 1339.31 to 1339.39 of the Revised Code.
A
probate court may so order whether the application for the
order
is made by an inter vivos trustee named in the will of the
decedent or by a testamentary trustee.
Sec. 2113.30. (A) Except as otherwise directed by the
decedent in
his
the decedent's last will and testament, an
executor or administrator
may, without personal liability for
losses incurred,
may continue the decedent's
business during
one
month
four months next following the date of the appointment of
such
that executor or administrator,
unless the probate court
directs
otherwise, and for
such
any further time
as
that the
court
may
authorize
on
upon a hearing and after notice to the surviving
spouse and
distributees. In either case, no debts incurred or
contracts entered into
shall involve the estate beyond the assets
used in
such
that business immediately
prior to the death of the
decedent without
first obtaining the approval of the court
first
obtained. During the time the business is continued, the executor
or
administrator shall file monthly reports in the court, setting
forth the
receipts and expenses of the business for the preceding
month and
such
any other
pertinent information
as
that the court
may require. The executor or administrator
may not bind the
estate without court approval beyond the period during which
the
business is continued.
(B) As used in this section, "decedent's business" means a
business that is owned by the decedent as a sole proprietor at the
time of the decedent's death. "Decedent's business" does not
include a business that is owned in whole or in part by the
decedent as a shareholder of a corporation, a member of a limited
liability company, or a partner of a partnership, or under any
other form of ownership other than a sole proprietorship.
Sec. 2113.61. (A)(1) When real property passes by the laws
of intestate succession or under a will, the administrator or
executor shall file in probate court,
at any time after the filing
of an inventory that includes the real property but prior to the
filing of the
administrator's or executor's final account, an
application requesting the
court to issue a certificate of
transfer as to the real property. Real
property sold by an
executor or administrator or land registered under
Chapters 5309.
and 5310. of the Revised Code is excepted
from the application
requirement. Cases in which an order has been
made under section
2113.03 of the Revised Code relieving an estate from
administration and in which the
order directing transfer of real
property to the person entitled
to it may be substituted for the
certificate of transfer also are
excepted from the application
requirement. (2) In accordance with division (C)(3)(b)
of section
2113.031 of the
Revised Code, an application for a
certificate of
transfer of an interest in real property included
in the assets of
the decedent's estate shall accompany an
application for a summary
release from administration under that
section. This section
applies to the
application for and the issuance of the requested
certificate of
transfer except to the extent that the probate
court determines
that the nature of any of the provisions of this
section is
inconsistent with the nature of a grant of a summary
release
from administration. (B) Subject to division (A)(2) of this section,
the
application for a certificate of transfer shall
contain all of the
following: (1) The name, place of residence at death, and date of
death
of the decedent; (2) A statement whether the decedent died testate or
intestate; (3) The fact and date of the filing and probate of the
will,
if applicable, and the fact and date of the appointment of
the
administrator or executor; (4) A description of each parcel of real property situated
in this state that is owned by the decedent at the time of
death; (5) Insofar as they can be ascertained, the names, ages,
places of residence, and relationship to the decedent of the
persons to whom each parcel of real property described in
division
(B)(4) of this section passed by descent or devise; (6) A statement that all the known debts of the decedent's
estate have been paid or secured to be paid, or that sufficient
other assets are in hand to complete the payment of those debts; (7) Other pertinent information that the court requires. (C) Subject to division (A)(2) of this section,
within five
days following the filing of an application for a certificate of
transfer that complies with division (B) of this section, the
court shall issue a certificate of transfer for
record in each
county in this state in which real property so
passing is
situated, that shall recite all of the following: (1) The name and date of death of the decedent; (2) Whether the decedent died testate or intestate and, if
testate, the volume and page of the record of the will; (3) The volume and page of the probate court record of the
administration of the estate; (4) The names and places of residence of the devisees, the
interests passing to them, the names and places of residence of
the persons inheriting intestate, and the interests inherited by
them, in each parcel of real property described in division
(B)(4)
of this section; (5) A description of each parcel of real property
described
in division (B)(4) of this section; (6) Other information that in the opinion of the court
should be included. (D) If an executor or administrator has failed to file an
application for a certificate of transfer before being
discharged,
the application may be filed by an heir or devisee,
or a successor
in interest, in the probate court in which the
testator's will was
probated or, in the case of intestate
estates, in the probate
court in which administration was had.
If no administration was
had on an estate and if no
administration is contemplated, except
in the case of the grant of or
contemplated application for the
grant of an order of a summary release from
administration under
section 2113.031 of the Revised Code, an application for a
certificate
of transfer may be filed by an heir or devisee, or a
successor in
interest, in the probate court of the county in which
the
decedent was a resident at the time of death. A foreign executor or administrator, when no ancillary
administration proceedings have been had or are being had in this
state, may file in accordance with this section an application
for
a certificate of transfer in the probate court of any county
of
this state in which real property of the decedent is located. When a person who has entered into a written contract for
the
sale and conveyance of an interest in real property dies
before
its completion, the interest of the decedent in the
contract and
the record title to the real property described in
the contract
may be transferred to the persons, legatees,
devisees, or heirs at
law entitled to the interest of the
decedent in the real property,
in the same manner as provided in
this section and sections
2113.62 and 2113.63 of the Revised Code
for the transfer of real
property. The application for the
certificate of transfer and the
certificate itself also shall
recite that the real property
described in the application or
certificate is subject to a
written contract for its sale and
conveyance.
Sec. 2117.25. (A) Every executor or administrator shall
proceed with diligence to pay the debts of the decedent, and
shall
apply the assets in the following order: (A)(1) Costs and expenses of administration;
(B)(2) An amount, not exceeding two thousand dollars, for
funeral
expenses that are included in the bill of a funeral
director, funeral expenses other than those in the bill of a
funeral director that are approved by the probate court, and
an
amount, not exceeding two
thousand dollars, for burial and
cemetery expenses,
including that portion of the funeral
director's bill allocated to
cemetery expenses that have been paid
to the cemetery by the
funeral director.
For purposes of this division, burial and cemetery
expenses
shall be limited to the following: (1)(a) The purchase of a place of interment;
(2)(b) Monuments or other markers;
(3)(c) The outer burial container;
(4)(d) The cost of opening and closing the place of
interment;
(C)(3) The allowance for support made to the surviving
spouse, minor children, or both under section 2106.13 of the
Revised Code;
(D)(4) Debts entitled to a preference under the laws of the
United States;
(E)(5) Expenses of the last sickness of the decedent;
(F)(6) If the total bill of a funeral director for funeral
expenses exceeds
two thousand dollars, then, in addition
to the
amount described in division
(B)(A)(2) of this section, an
amount,
not exceeding one thousand dollars, for funeral expenses that are
included in the bill and that exceed two
thousand dollars;
(G)(7) Personal property taxes and obligations for which the
decedent was personally liable to the state or any of its
subdivisions;
(H)(8) Debts for manual labor performed for the decedent
within twelve months preceding the decedent's death, not
exceeding
three hundred dollars to any one person;
(I)(9) Other debts for which claims have been presented and
finally allowed.
(B) The part of the bill of a funeral director that
exceeds
the total of three thousand dollars as described in
divisions
(B)(A)(2) and
(F)(6) of this section, and the part of a claim
included in division
(H)(A)(8) of this section that exceeds three
hundred dollars shall be included as a debt under division
(I)(A)(9) of this
section,
depending upon the time when the claim
for
the additional amount is presented. (C) Any natural person or fiduciary who pays a claim of any
creditor described in division (A) of this section shall be
subrogated to the rights of that creditor proportionate to the
amount of the payment and shall be entitled to reimbursement for
that amount in accordance with the priority of payments set forth
in that division. (D)(1) Chapters 2113. to 2125. of the Revised Code, relating
to
the manner in which and the time within which claims shall be
presented, shall apply to claims set forth in divisions
(B)(A)(2),
(F)(6),
and
(H)(8) of this section. Claims for an expense of
administration
or for the allowance for support need not be
presented. The
executor or administrator shall pay debts included
in divisions
(D)(A)(4) and
(G)(7) of this section, of which the
executor or
administrator has knowledge, regardless of
presentation. (2) The giving of written notice to an executor or
administrator of a motion or application to revive an action
pending against the decedent at the date of death shall be
equivalent to the presentation of a claim to the executor or
administrator for the purpose of determining the order of payment
of any judgment rendered or decree entered in such an action. (E) No payments shall be made to creditors of one class
until
all those of the preceding class are fully paid or provided
for.
If the assets are insufficient to pay all the claims of one
class, the creditors of that class shall be paid ratably. (F) If it appears at any time that the assets have been
exhausted in paying prior or preferred charges, allowances, or
claims,
such
those payments shall be a bar to an action on any
claim
not entitled to
such
that priority or preference.
Sec. 2106.17
2131.12. (A) As used in this section: (1) "Motor vehicle" has the same meaning as in section
4505.01 of the Revised Code. (2) "Joint ownership with right of survivorship" means a
form of ownership of a motor vehicle, watercraft, or outboard
motor that is established pursuant to this section and pursuant
to
which the entire interest in the motor vehicle, watercraft, or
outboard motor is held by two persons for their joint lives and
thereafter by the survivor of them. (3) "Watercraft" has the same meaning as in division (A)
of
section 1548.01 of the Revised Code. (B)(1) Any two persons may establish in accordance with
this
section joint ownership with right of survivorship in a
motor
vehicle or in a watercraft or outboard motor for which a
certificate of title is required under Chapter 1548. of the
Revised Code. (2) If two persons wish to establish joint ownership with
right of survivorship in a motor vehicle or in a watercraft or
outboard motor that is required to be titled under Chapter 1548.
of the Revised Code, they may make a joint application for a
certificate of title under section 4505.06 or 1548.07 of the
Revised Code, as applicable. (C) If two persons have established in a certificate of
title joint ownership with right of survivorship in a motor
vehicle or a watercraft or outboard motor that is required to be
titled under Chapter 1548. of the Revised Code, and if one of
those persons dies, the interest of the deceased person in the
motor vehicle, watercraft, or outboard motor shall pass to the
survivor of them upon transfer of title to the motor vehicle or
watercraft or outboard motor in accordance with section 4505.10
or
1548.11 of the Revised Code. The motor vehicle, watercraft,
or
outboard motor shall not be considered an estate asset and
shall
not be included and stated in the estate inventory.
Sec. 2131.13. (A) As used in this section: (1) "Designate or designation in beneficiary form" means to
designate, or the designation of, a motor vehicle, watercraft, or
outboard motor in a certificate of title that indicates the
present owner of the motor vehicle, watercraft, or outboard motor
and the intention of the present owner with respect to the
transfer of ownership on the present owner's death by designating
one or more persons as the beneficiary or beneficiaries who will
become the owner or owners of the motor vehicle, watercraft, or
outboard motor upon the death of the present owner. (2) "Motor vehicle" has the same meaning as in section
4505.01 of the Revised Code. (3) "Person" means an individual, a corporation, an
organization, or other legal entity. (4) "Transfer-on-death beneficiary or beneficiaries" means a
person or persons specified in a certificate of title of a motor
vehicle, watercraft, or outboard motor who will become the owner
or owners of the motor vehicle, watercraft, or outboard motor upon
the death of the present owner of the motor vehicle, watercraft,
or outboard motor. (5) "Watercraft" has the same meaning as in section 1548.01
of the Revised Code. (B) An individual whose certificate of title of a motor
vehicle, watercraft, or outboard motor shows sole ownership by
that individual may make an application for a certificate of title
under section 1548.07 or 4505.06 of the Revised Code to designate
that motor vehicle, watercraft, or outboard motor in beneficiary
form pursuant to this section. (C)(1) A motor vehicle, watercraft, or outboard motor is
designated in beneficiary form if the certificate of title of the
motor vehicle, watercraft, or outboard motor includes the name or
names of the transfer-on-death beneficiary or beneficiaries. (2) The designation of a motor vehicle, watercraft, or
outboard motor in beneficiary form is not required to be supported
by consideration, and the certificate of title in which the
designation is made is not required to be delivered to the
transfer-on-death beneficiary or beneficiaries in order for the
designation in beneficiary form to be effective. (D) The designation of a motor vehicle, watercraft, or
outboard motor in beneficiary form may be shown in the certificate
of title by the words "transfer-on-death" or the abbreviation
"TOD" after the name of the owner of a motor vehicle, watercraft,
or outboard motor and before the name or names of the
transfer-on-death beneficiary or beneficiaries. (E) The designation of a transfer-on-death beneficiary or
beneficiaries on a certificate of title has no effect on the
ownership of a motor vehicle, watercraft, or outboard motor until
the death of the owner of the motor vehicle, watercraft, or
outboard motor. The owner of a motor vehicle, watercraft, or
outboard motor may cancel or change the designation of a
transfer-on-death beneficiary or beneficiaries on a certificate of
title at any time without the consent of the transfer-on-death
beneficiary or beneficiaries by making an application for a
certificate of title under section 1548.07 or 4505.06 of the
Revised Code. (F)(1) Upon the death of the owner of a motor vehicle,
watercraft, or outboard motor designated in beneficiary form, the
ownership of the motor vehicle, watercraft, or outboard motor
shall pass to the transfer-on-death beneficiary or beneficiaries
who survive the owner upon transfer of title to the motor vehicle,
watercraft, or outboard motor in accordance with section 1548.11
or 4505.10 of the Revised Code. The transfer-on-death beneficiary
or beneficiaries who survive the owner may apply for a certificate
of title to the motor vehicle, watercraft, or outboard motor upon
submitting proof of the death of the owner of the motor vehicle,
watercraft, or outboard motor. (2) If no transfer-on-death beneficiary or beneficiaries
survive the owner of a motor vehicle, watercraft, or outboard
motor, the motor vehicle, watercraft, or outboard motor shall be
included in the probate estate of the deceased owner. (G)(1) Any transfer of a motor vehicle, watercraft, or
outboard motor to a transfer-on-death beneficiary or beneficiaries
that results from a designation of the motor vehicle, watercraft,
or outboard motor in beneficiary form is not testamentary. (2) This section does not limit the rights of any creditor
of the owner of a motor vehicle, watercraft, or outboard motor
against any transfer-on-death beneficiary or beneficiaries or
other transferees of the motor vehicle, watercraft, or outboard
motor under other laws of this state. (H)(1) This section shall be known and may be cited as the
"Transfer-on-Death of Motor Vehicle, Watercraft, or Outboard Motor
Statute." (2) Divisions (A) to (H) of this section shall be liberally
construed and applied to promote their underlying purposes and
policy. (3) Unless displaced by particular provisions of divisions
(A) to (H) of this section, the principles of law and equity
supplement the provisions of those divisions.
Sec. 2305.121. (A) Any of the following actions pertaining
to a revocable trust that is made irrevocable by the death of the
grantor of the trust shall be commenced within two years after the
date of the death of the grantor of the trust:
(1) An action to contest the validity of the trust;
(2) An action to contest the validity of any amendment to
the trust that was made during the lifetime of the grantor of the
trust;
(3) An action to contest the revocation of the trust during
the lifetime of the grantor of the trust;
(4) An action to contest the validity of any transfer made
to the trust during the lifetime of the grantor of the trust.
(B) Upon the death of the grantor of a revocable trust that
was made irrevocable by the death of the grantor, the trustee,
without liability, may proceed to distribute the trust property in
accordance with the terms of the trust unless either of the
following applies:
(1) The trustee has actual knowledge of a pending action to
contest the validity of the trust, any amendment to the trust, the
revocation of the trust, or any transfer made to the trust during
the lifetime of the grantor of the trust.
(2) The trustee receives written notification from a
potential contestant of a potential action to contest the validity
of the trust, any amendment to the trust, the revocation of the
trust, or any transfer made to the trust during the lifetime of
the grantor of the trust, and the action is actually filed within
ninety days after the written notification was given to the
trustee.
(C) If a distribution of trust property is made pursuant to
division (B) of this section, a beneficiary of the trust shall
return any distribution to the extent that it exceeds the
distribution to which the beneficiary is entitled if the trust, an
amendment to the trust, or a transfer made to the trust later is
determined to be invalid.
(D) This section applies only to revocable trusts that are
made irrevocable by the death of the grantor of the trust if the
grantor dies on or after the effective date of this section.
Sec. 3923.061. (A) On and after January 1, 2003, any
insurance company authorized to do business in this state shall
pay interest, in accordance with division (B) of this section and
subject to division (C) of this section, on any proceeds that
become due pursuant to the terms of a policy of sickness and
accident insurance due to the death of the insured by sickness or
accident.
(B) The interest payable pursuant to division (A) of this
section shall be computed from the date of the death of the
insured to the date of the payment of the proceeds and shall be at
whichever of the following rates is greater:
(1) The annual short-term applicable federal rate for
purposes of section 1274(d) of the Internal Revenue Code, as
defined in section 5747.01 of the Revised Code, in effect for the
month in which the insured died;
(2) The current rate of interest on proceeds left on
deposit with the company under an interest settlement option
contained in the policy of sickness and accident insurance.
(C) Division (A) or (B) of this section does not require
the payment of interest unless the insured was a resident of this
state on the date of the insured's death and unless the
beneficiary under the policy of sickness and accident insurance
elects in writing to receive, or a written election has been made
for the beneficiary to receive, the proceeds of the policy by
means of a lump sum payment.
Sec. 4503.12. Upon the transfer of ownership of a motor
vehicle, the registration of the motor vehicle expires, and
the
original owner immediately shall remove the license plates
from
the motor vehicle, except that: (A) If a statutory merger or consolidation results in the
transfer of ownership of a motor vehicle from a constituent
corporation to the surviving corporation, or if the
incorporation
of a proprietorship or partnership results in the
transfer of
ownership of a motor vehicle from the proprietorship
or
partnership to the corporation, the registration shall be
continued upon the filing by the surviving or new corporation,
within thirty days of such transfer, of an application for an
amended certificate of registration, unless such registration is
prohibited by division (D) of section 2935.27, division (A) of
section
2937.221, division (B) of section 4507.168, or division
(B)(1) of section
4521.10 of the Revised
Code. The application
shall be accompanied by a service fee of
two dollars and
seventy-five cents
commencing on July 1, 2001, three
dollars and
twenty-five cents commencing on January 1, 2003, and
three dollars
and fifty cents commencing on January 1, 2004, a
transfer fee of
one dollar,
and the original certificate of
registration. Upon a
proper
filing, the registrar of motor
vehicles shall issue an
amended
certificate of registration in the
name of the new owner. (B) If the death of the owner of a motor vehicle results
in
the transfer of ownership of the motor vehicle to the
surviving
spouse of the owner or if a motor vehicle is owned by
two persons
under joint ownership with right of survivorship
established under
section
2106.17
2131.12 of the Revised Code and one of
those
persons dies,
the registration shall be continued upon the
filing
by the
surviving spouse
survivor of an application for an amended
certificate of
registration, unless such registration is
prohibited by division
(D) of section 2935.27,
division (A) of
section
2937.221, division
(A) of section 4503.13, division
(B) of
section 4507.168, or
division (B)(1) of section
4521.10 of the
Revised
Code. The
application shall be accompanied by a service
fee of
two dollars
and
seventy-five cents
commencing on July 1,
2001,
three dollars
and twenty-five cents commencing on January 1,
2003,
and three
dollars and fifty cents commencing on January 1,
2004, a
transfer
fee of one dollar,
the original certificate of
registration, and,
in relation to a
motor vehicle that is owned by
two persons under
joint ownership
with right of survivorship
established under
section
2106.17
2131.12 of
the Revised Code, by
a copy
of the certificate
of title that
specifies that the vehicle
is
owned under joint
ownership with
right of survivorship. Upon a
proper filing, the
registrar shall
issue an amended certificate of
registration in
the name of the
surviving spouse
survivor. (C)
If the death of the owner of a motor vehicle results in
the transfer of ownership of the motor vehicle to a
transfer-on-death beneficiary or beneficiaries designated under
section 2131.13 of the Revised Code, the registration shall be
continued upon the filing by the transfer-on-death beneficiary or
beneficiaries of an application for an amended certificate of
registration, unless that registration is prohibited by division
(D) of section 2935.27, division (A) of section 2937.221, division
(A) of section 4503.13, division (B) of section 4507.168, or
division (B)(1) of section 4521.10 of the Revised Code. The
application shall be accompanied by a service fee of two dollars
and seventy-five cents commencing on July 1, 2001, three dollars
and twenty-five cents commencing on January 1, 2003, and three
dollars and fifty cents commencing on January 1, 2004, a transfer
fee of one dollar, the original certificate of registration, and a
copy of the certificate of title that specifies that the owner of
the motor vehicle has designated the motor vehicle in beneficiary
form under section 2131.13 of the Revised Code. Upon a proper
filing, the registrar shall issue an amended certificate of
registration in the name of the transfer-on-death beneficiary or
beneficiaries. (D) If the original owner of a motor vehicle that has been
transferred makes application for the registration of another
motor vehicle at any time during the remainder of the
registration
period for which the transferred motor vehicle was
registered, the
owner, unless such registration is prohibited by
division (D) of
section 2935.27, division (A) of section 2937.221, division
(A) of
section 4503.13, division
(E) of section 4503.234,
division (B) of
section 4507.168, or division (B)(1) of section 4521.10 of the
Revised
Code, may file an application for transfer of the
registration
and, where applicable, the license plates,
accompanied by a
service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three dollars and
twenty-five
cents commencing on January 1, 2003, and three dollars
and fifty
cents commencing on January 1, 2004, a transfer fee
of
one dollar,
and the original certificate of registration. The
transfer of the
registration and, where applicable, the license
plates from the
motor vehicle for which they originally were
issued to a
succeeding motor vehicle purchased by the same person
in whose
name the original registration and license plates were
issued
shall be done within a period not to exceed thirty days.
During
that thirty-day period, the license plates from the motor
vehicle
for which they originally were issued may be displayed on
the
succeeding motor
vehicle, and the succeeding motor vehicle may
be
operated on the public roads
and highways in this state. At the time of application for transfer, the registrar shall
compute and collect the amount of tax due on the succeeding motor
vehicle, based upon the amount that would be due on a new
registration as of the date on which the transfer is made less a
credit for the unused portion of the original registration
beginning on that date. If the credit exceeds the amount of tax
due on the new registration, no refund shall be made. In
computing the amount of tax due and credits to be allowed under
this division, the provisions of division (B)(1)(a) and (b) of
section 4503.11
of the Revised Code shall apply. As to passenger
cars,
noncommercial vehicles, motor homes, and motorcycles,
transfers
within or between these classes of motor vehicles only
shall be
allowed. If the succeeding motor vehicle is of a
different class
than the motor vehicle for which the registration
originally was
issued, new license plates also shall be issued
upon the
surrender of the license plates originally issued and
payment of
the fees
provided in divisions (C) and (D) of section
4503.10 of the
Revised Code. (D)(E) The owner of a commercial car having a gross vehicle
weight or combined gross vehicle weight of more than ten thousand
pounds may transfer the registration of that commercial car to
another commercial car the owner owns without transferring
ownership
of
the first commercial car, unless registration of the
second
commercial car is prohibited by division (D) of section
2935.27, division (A)
of section 2937.221, division (A) of section
4503.13,
division (B) of section 4507.168, or division (B)(1) of
section 4521.10
of the Revised Code. At any time during the
remainder of the
registration period for which the first
commercial car was
registered, the owner may file an application
for the transfer of
the registration and, where applicable, the
license plates,
accompanied by a service fee of
two dollars and
seventy-five
cents
commencing on July 1, 2001, three
dollars and
twenty-five cents commencing on January 1, 2003, and
three dollars
and fifty cents commencing on January 1, 2004, a
transfer fee of
one dollar, and the certificate of
registration of
the first
commercial car. The amount of any tax
due or credit to
be allowed
for a transfer of registration under
this division
shall be
computed in accordance with division
(C)(D)
of this section.
No commercial car to which a registration is transferred
under this division shall be operated on a public road or highway
in this
state until after the transfer of registration is
completed in
accordance with this division. (E)(F) Upon application to the registrar or a deputy
registrar,
a person who owns or leases a
motor vehicle may
transfer
special
license plates assigned to that vehicle to any
other
vehicle that
the person owns or leases or that is owned or
leased by the
person's spouse. The application shall be
accompanied by a
service fee of
two dollars and
seventy-five
cents
commencing on
July 1, 2001, three dollars and twenty-five
cents
commencing on
January 1, 2003, and three dollars and fifty
cents
commencing on
January 1, 2004, a transfer fee of one dollar,
and
the original
certificate of registration. As appropriate,
the
application also
shall be accompanied by a power of attorney
for
the registration
of a leased vehicle and a written statement
releasing the special
plates to the applicant. Upon a proper
filing, the registrar or
deputy registrar shall assign the
special
license plates to the
motor vehicle owned or leased by
the
applicant and issue a new
certificate of registration for
that
motor vehicle.
As used in division
(E)(F) of this section, "special license
plates" means either of the following: (1) Any license plates for which the person to whom the
license plates are issued must pay an additional fee in excess of
the fees prescribed in section 4503.04 of the Revised Code,
Chapter 4504. of the Revised Code, and the service fee prescribed
in division (D) or (G) of section 4503.10 of the Revised Code; (2) License plates issued under section 4503.44 of the
Revised Code.
Sec. 4505.06. (A)(1) Application for a certificate of
title
shall be made in a form prescribed by the registrar of
motor
vehicles and shall be sworn to before a notary public or
other
officer empowered to administer oaths. The application
shall be
filed with the clerk of
any court of common pleas.
An
application for a
certificate of title may be filed
electronically by
any
electronic
means approved by the registrar
in
any county
with the clerk of the court of common pleas
of
that county. Any
payments required by
this chapter
shall be
considered as
accompanying any
electronically transmitted
application when
payment actually is
received by the clerk.
Payment of any fee or
taxes may be made
by
electronic transfer
of
funds. (2) The application for a certificate of title shall be
accompanied
by the fee prescribed in section 4505.09 of the
Revised Code. The fee shall be retained by the clerk who
issues
the
certificate of title and shall be distributed in
accordance
with that section.
If a clerk of a court of common
pleas, other
than the clerk of the court of
common pleas of an
applicant's
county of residence, issues a certificate of
title to
the
applicant, the clerk shall transmit data related to the
transaction to the automated title processing
system. (3) If a certificate of title previously has been issued for
a
motor vehicle in this state,
the application for a
certificate of title also shall be accompanied by that
certificate
of title duly assigned, unless otherwise provided in
this chapter.
If a certificate of title previously has not been
issued for the
motor vehicle in this state, the application,
unless otherwise
provided in this chapter, shall be accompanied
by a manufacturer's
or importer's certificate or by a certificate
of title
of another
state
from which the motor vehicle was
brought into this state.
If
the
application refers to a motor
vehicle last previously
registered
in another state, the
application also shall be
accompanied by
the physical inspection
certificate required by
section 4505.061
of the Revised Code.
If
the application is made
by two persons
regarding a motor
vehicle
in which they wish to
establish joint
ownership with
right of
survivorship, they may do
so as provided
in section
2106.17
2131.12 of
the Revised Code.
If the applicant requests a
designation of
the motor vehicle in beneficiary form so that upon
the death of
the owner of the motor vehicle, ownership of the
motor vehicle
will pass to a designated transfer-on-death
beneficiary or
beneficiaries, the applicant may do so as provided
in section
2131.13 of the Revised Code. A person who establishes
ownership
of a motor vehicle that is transferable on death in
accordance
with section 2131.13 of the Revised Code may terminate
that type
of ownership or change the designation of the
transfer-on-death
beneficiary or beneficiaries by applying for a
certificate of
title pursuant to this section. The clerk
shall
retain
the
evidence of title
presented by the applicant and
on
which the
certificate of title
is issued,
except that, if an
application
for a
certificate of
title is
filed electronically
by
an
electronic motor vehicle
dealer on behalf of the
purchaser
of a
motor vehicle, the clerk
shall retain the completed
electronic
record to which the dealer
converted the certificate
of title
application and other required
documents. The
electronic motor
vehicle dealer shall forward the
actual
application and all other documents relating to the sale of
the
motor vehicle to any clerk within thirty days after the
certificate of title is issued. The registrar, after consultation
with the attorney general, shall adopt rules that govern the
location at which, and the manner in which, are stored the actual
application and all other documents relating to the sale of a
motor vehicle when an electronic motor vehicle dealer files the
application for a certificate of title electronically on behalf of
the purchaser. The clerk shall use reasonable
diligence in
ascertaining
whether or not the facts in the
application
for a
certificate of
title are true by checking the application and
documents
accompanying it
or the
electronic record to which a
dealer
converted the
application and
accompanying documents
with
the
records of motor vehicles in the clerk's
office.
If the
clerk is
satisfied that the applicant is the
owner of the
motor
vehicle
and that the application is in the
proper form,
the
clerk,
within
five business days after the
application is
filed, shall
issue a
physical
certificate of title
over the
clerk's signature
and
sealed with the clerk's seal
unless
the
applicant
specifically
requests the clerk not to issue a
physical
certificate of title
and instead to
issue an electronic
certificate of title. For
purposes of the transfer of a
certificate
of title, if the clerk
is satisfied that the secured
party has duly discharged
a lien
notation but has not canceled
the lien notation with
a
clerk, the
clerk may cancel the lien
notation on
the automated title
processing system and notify the
clerk of the
county of origin. (4) In the case of the sale of a motor vehicle to a general
buyer
or user
by a dealer, by a motor vehicle leasing dealer
selling
the
motor
vehicle to the lessee or, in a case in which
the
leasing
dealer subleased the
motor vehicle, the sublessee,
at
the end of
the lease agreement or sublease
agreement, or by a
manufactured
home
broker, the certificate of title shall be
obtained in the
name of the buyer by the dealer, leasing
dealer,
or
manufactured home
broker, as the case may be, upon
application
signed by
the buyer. The certificate of title shall
be issued, or
the process
of entering the certificate of title
application
information into the automated title processing
system if a
physical
certificate of title is not to be issued
shall
be
completed, within
five business days after the
application for
title is filed with
the clerk. If the buyer of
the motor vehicle
previously leased the motor
vehicle and
is
buying the motor
vehicle at the end of the lease pursuant to that
lease,
the
certificate of title shall be obtained in the name of
the buyer by
the
motor vehicle leasing dealer who previously
leased the motor
vehicle to the
buyer or by the motor vehicle
leasing dealer who
subleased the motor vehicle
to the buyer
under a sublease
agreement. In all other cases, except as provided in
section 4505.032
and division (D)(2)
of section 4505.11 of the Revised Code, such
certificates shall
be obtained by the buyer.
(5)(a)(i) If the certificate of title is being obtained in
the name of the buyer by a motor vehicle dealer or motor vehicle
leasing dealer and there is a security interest to be noted on the
certificate of title, the dealer or leasing dealer shall submit
the application for the certificate of title and payment of the
applicable tax to a clerk within seven business days after the
later of the delivery of the motor vehicle to the
buyer or the
date the dealer or leasing dealer obtains the
manufacturer's or
importer's certificate, or certificate of title
issued in the name
of the dealer or leasing dealer, for the motor vehicle.
Submission
of the application for the
certificate of title and payment of the
applicable tax within the
required seven business days may be
indicated by postmark or
receipt by a clerk within that period. (ii) Upon receipt of the certificate of title with the
security interest noted on its face, the dealer or leasing dealer
shall forward the certificate of title to the secured party at the
location noted in the financing documents or otherwise specified
by the secured party. (iii) A motor vehicle dealer or motor vehicle leasing
dealer
is liable to a secured party for a late fee of ten dollars
per day
for each certificate of title application and payment of
the
applicable tax that is submitted to a clerk more than seven
business days
but less than twenty-one days after the later of the
delivery of the motor vehicle to the buyer or the date the
dealer
or leasing dealer obtains the manufacturer's or importer's
certificate, or certificate of title issued in the name of the
dealer or leasing dealer, for the motor vehicle and,
from then on,
twenty-five dollars per day until the application
and applicable
tax are submitted to a clerk. (b) In all cases of
transfer of
a motor vehicle, the
application for certificate of
title shall be
filed within
thirty days after the assignment or
delivery of the
motor
vehicle. If an application for a
certificate of title is
not
filed within
the period
specified in division (A)(5)(b) of
this
section, the clerk
shall collect a fee of
five dollars for
the
issuance of the
certificate, except that no
such fee shall
be
required from a
motor vehicle salvage dealer,
as defined in
division (A) of
section 4738.01 of the Revised
Code, who
immediately surrenders
the certificate of title for
cancellation. The fee shall be in
addition to all other fees
established by this chapter, and shall
be retained by the clerk.
The
registrar shall provide, on the
certificate of title form
prescribed by section 4505.07 of the
Revised Code, language
necessary to give evidence of the date on
which the assignment or
delivery of the motor vehicle was made. (6) As used in
division
(A) of this section,
"lease
agreement,"
"lessee," and
"sublease
agreement" have the same
meanings as in section 4505.04
of the Revised Code. (B) The clerk, except as provided in this section, shall
refuse to accept for filing any application for a certificate of
title and shall refuse to issue a certificate of title unless the
dealer or manufactured home broker or the applicant, in cases in
which the
certificate shall be obtained by the buyer, submits
with
the
application payment of the tax levied by or pursuant to
Chapters
5739. and 5741. of the Revised Code
based on the
purchaser's county of residence. Upon payment of the tax in
accordance with division (E) of this section, the clerk shall
issue a receipt prescribed by the registrar and agreed upon by the
tax
commissioner showing payment of the tax or a receipt issued
by
the
commissioner showing the payment of the tax. When
submitting
payment of the
tax to the clerk, a dealer shall
retain any
discount to which the dealer is
entitled under
section 5739.12 of
the Revised Code. For receiving and disbursing such taxes paid to the clerk
by
a resident of the clerk's county,
the clerk may retain a poundage
fee of one and one one-hundredth
per cent,
which
and the clerk
shall
be paid
pay the poundage fee
into the certificate of title
administration fund created by
section 325.33 of the
Revised
Code.
The clerk shall not retain a
poundage fee from payments of
taxes by persons who do not reside
in the clerk's county. A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county. In the case of casual sales of motor vehicles, as defined
in
section 4517.01 of the Revised Code, the price
for the purpose of
determining the tax shall be the purchase
price on the assigned
certificate of title executed
by the seller and filed with the
clerk by the
buyer on a form to be prescribed by the registrar,
which shall
be prima-facie evidence of the amount for the
determination of the tax. (C)(1) If the transferor indicates on the certificate of
title
that the odometer reflects mileage in excess of the
designed
mechanical limit of the odometer, the clerk shall enter
the
phrase
"exceeds mechanical limits" following the mileage
designation. If
the transferor indicates on the certificate of
title that the
odometer reading is not the actual mileage, the
clerk shall enter
the phrase
"nonactual: warning -
odometer
discrepancy" following
the mileage designation. The clerk shall
use
reasonable care in
transferring the information supplied
by
the transferor, but is
not liable for any errors or omissions
of
the clerk or those of
the clerk's deputies in the
performance of
the clerk's duties
created by this chapter. The registrar shall prescribe an affidavit in which the
transferor shall swear to the true selling price and, except as
provided in this division, the true odometer reading of the motor
vehicle. The registrar may prescribe an affidavit in which the
seller and buyer provide information pertaining to the odometer
reading of the motor vehicle in addition to that required by this
section, as such information may be required by the United States
secretary of transportation by rule prescribed under authority of
subchapter IV of the
"Motor Vehicle Information and Cost Savings
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. (2) Division (C)(1) of this
section does not require the
giving of information
concerning the odometer and odometer
reading
of a motor vehicle
when ownership of a motor vehicle is
being
transferred as a
result of a bequest, under the laws of
intestate
succession, to a
surviving spouse
survivor pursuant to
section
2106.17,
2106.18,
2131.12, or 4505.10
of the Revised
Code,
to a transfer-on-death beneficiary or beneficiaries
pursuant
to section 2131.13 of the Reviseed Code, or in
connection
with the
creation of a
security interest. (D) When the transfer to the applicant was made in some
other state or in interstate commerce, the clerk, except as
provided in this section, shall refuse to issue any certificate
of
title unless the tax imposed by or pursuant to Chapter
5741.
of
the Revised Code
based on the purchaser's county of residence
has
been paid as evidenced by a receipt issued by the tax
commissioner, or
unless the applicant submits with the
application
payment of
the tax. Upon payment of the tax in
accordance with
division
(E) of this section, the clerk shall
issue a
receipt
prescribed by the
registrar and agreed upon by
the tax
commissioner, showing
payment of the tax.
For
receiving and
disbursing such taxes paid
to the clerk
by a resident of the clerk's county, the clerk
may retain a
poundage
fee of one
and one one-hundredth per cent.
The
clerk
shall not retain a poundage fee from payments of taxes by
persons
who do not reside in the clerk's county. A clerk, however, may retain from the taxes paid to the
clerk
an amount equal to the poundage fees associated with
certificates
of title issued by other clerks of courts of common
pleas to
applicants who reside in the first clerk's county. The
registrar,
in consultation with the tax commissioner and the
clerks of the
courts of common pleas, shall develop a report from
the automated
title processing system that informs each clerk of
the amount of
the poundage fees that the clerk is permitted to
retain from those
taxes because of certificates of title issued by
the clerks of
other counties to applicants who reside in the first
clerk's
county. When the vendor is
not regularly
engaged in the
business of
selling
motor
vehicles, the vendor
shall not be required to
purchase a
vendor's
license or make
reports concerning
those
sales. (E) The clerk shall accept any payment of a tax in cash, or
by
cashier's check, certified
check, draft,
money order, or
teller check issued by any
insured financial institution payable
to the clerk and submitted with an
application
for a certificate
of title under division (B)
or (D) of this section. The clerk
also may
accept payment of the tax by corporate, business, or
personal check, credit
card, electronic transfer or wire
transfer,
debit card, or any other accepted
form of payment made
payable to
the clerk. The clerk may require bonds,
guarantees,
or letters of
credit to ensure the collection of corporate,
business, or
personal
checks. Any service fee charged by a
third party to a
clerk for the use of
any form of payment may be
paid by the clerk
from the certificate of title
administration
fund created in
section 325.33 of the Revised Code, or may be
assessed by the
clerk upon the applicant as an additional fee.
Upon
collection,
the additional fees shall be paid by the clerk
into that
certificate of title administration fund. The clerk shall make a good faith effort to collect any
payment of taxes
due but not made because the payment was
returned
or dishonored, but the clerk
is not personally liable
for the
payment of uncollected taxes or uncollected
fees. The
clerk
shall
notify the tax commissioner of any such payment of
taxes that is
due but
not made and shall furnish
such
the
information to the
commissioner
as
that the
commissioner
requires.
The clerk shall deduct
the amount of taxes due but not
paid from
the clerk's periodic
remittance of tax payments, in
accordance
with
procedures agreed
upon by the tax commissioner.
The
commissioner may collect
taxes
due by assessment in the
manner
provided in section 5739.13 of the
Revised Code. Any person who presents payment that is returned or
dishonored for any
reason is liable to the clerk for payment of a
penalty over and above the
amount of the taxes due. The clerk
shall determine the amount of the penalty,
which
and the penalty
shall be no
greater than that amount necessary to compensate the
clerk
for
banking charges, legal fees, or other expenses
incurred by the
clerk in
collecting the returned or dishonored
payment. The
remedies and procedures
provided in this section
are in addition
to any other available civil or
criminal
remedies. Subsequently
collected penalties, poundage
fees, and
title
fees, less
any
title
fee
due the state, from returned or
dishonored payments
collected
by
the clerk shall be paid into the
certificate of
title
administration fund.
Subsequently
collected taxes, less
poundage
fees,
shall be sent by the clerk
to the
treasurer of
state
at the next
scheduled periodic
remittance of tax payments,
with
information as the
commissioner may require. The clerk
may
abate
all or any part of
any penalty assessed under this
division. (F) In the following cases, the clerk shall accept for
filing
an application and shall issue a certificate of title
without requiring payment or evidence of payment of the tax: (1) When the purchaser is this state or any of its
political
subdivisions, a church, or an organization whose
purchases are
exempted by section 5739.02 of the Revised Code; (2) When the transaction in this state is not a retail
sale
as defined by section 5739.01 of the Revised Code; (3) When the purchase is outside this state or in
interstate
commerce and the purpose of the purchaser is not to
use, store, or
consume within the meaning of section 5741.01 of
the Revised Code; (4) When the purchaser is the federal government; (5) When the motor vehicle was purchased outside this
state
for use outside this state; (6) When the motor vehicle is purchased by a nonresident
of
this state for immediate removal from this state, and will be
permanently titled and registered in another state, as provided
by
division (B)(23) of section 5739.02 of the Revised Code, and
upon
presentation of a copy of the affidavit provided by that
section,
and a copy of the exemption certificate provided by
section
5739.03 of the Revised Code. The clerk shall forward all payments of taxes, less
poundage
fees, to the treasurer of state in a manner to be
prescribed
by
the
tax commissioner and shall furnish
information
to
the
commissioner as the commissioner requires. (G) An application, as prescribed by the registrar
and
agreed to by the tax commissioner, shall be filled out and sworn
to by the buyer of a motor vehicle in a casual sale. The
application shall contain the following notice in bold lettering:
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You
are
required by law to state the true selling price. A false
statement is in
violation of section 2921.13 of
the Revised Code
and is punishable by six months' imprisonment or
a fine of up to
one thousand dollars, or both. All transfers are
audited by the
department of taxation. The seller and buyer must
provide any
information requested by the department of taxation. The buyer
may be assessed any additional tax found to be due." (H) For sales of manufactured homes or mobile homes
occurring
on or after January 1, 2000, the clerk shall accept for
filing,
pursuant to
Chapter 5739. of the Revised Code, an
application for a
certificate of title for a manufactured home or
mobile home
without requiring payment of any tax pursuant to
section
5739.02, 5741.021, 5741.022, or 5741.023 of the
Revised
Code, or a receipt issued by
the tax commissioner showing payment
of the tax. For sales of
manufactured homes or mobile homes
occurring on or after January 1,
2000, the applicant shall pay to
the clerk an additional fee of five dollars
for each certificate
of title issued by the clerk for a
manufactured or mobile home
pursuant to division (H) of section 4505.11 of the Revised Code
and for each certificate of title issued upon transfer of
ownership of
the home. The clerk shall credit the fee to the
county
certificate of title administration fund, and the fee shall
be used to
pay
the expenses of archiving
such
those certificates
pursuant to
division
(A) of section 4505.08
and division (H)(3)
of section
4505.11 of
the Revised Code. The tax commissioner
shall
administer any tax
on a manufactured or mobile home
pursuant to
Chapters 5739. and
5741. of the
Revised Code.
(I) Every clerk shall have the capability to transact by
electronic means all procedures and transactions relating to the
issuance of
motor vehicle certificates of title that are
described
in the Revised Code as being accomplished by
electronic means.
Sec. 4505.10. (A) In the event of the transfer of
ownership
of
a motor vehicle by operation of law, as upon
inheritance,
devise, bequest, order in bankruptcy, insolvency,
replevin, or
execution sale, a motor vehicle is sold
to satisfy
storage or
repair charges, or repossession is had upon
default in
performance
of the terms of a security agreement as
provided in
Chapter 1309.
of the Revised Code
and the secured party has
notified the debtor
as required by division (B) of section 1309.611 of
the Revised
Code, a clerk of
a
court of
common pleas, upon the
surrender of
the prior
certificate of title or
the manufacturer's
or
importer's
certificate, or, when that is not
possible, upon
presentation of
satisfactory proof to the clerk of
ownership and
rights of
possession to the motor vehicle, and upon
payment of
the
fee
prescribed in section 4505.09 of the Revised
Code and
presentation
of an application for certificate of title,
may
issue
to the
applicant a certificate of title to the motor
vehicle.
Only
an
affidavit by the person or agent of the person
to
whom
possession
of the motor vehicle has passed, setting forth
the
facts entitling
the person to the possession and
ownership,
together
with a copy
of the journal entry, court order, or
instrument upon
which the
claim of possession and ownership is
founded, is
satisfactory
proof of ownership and right of
possession. If the
applicant
cannot produce that proof of
ownership, the
applicant may apply
directly to the registrar of
motor vehicles and submit the
evidence the applicant has, and the
registrar, if
the registrar
finds the evidence
sufficient, then
may authorize a clerk to
issue
a certificate
of title. If, from
the records in the office
of the
clerk involved, there
appears to be any
lien on the motor vehicle,
the certificate of
title shall contain
a statement of the lien
unless the
application is accompanied by
proper evidence of its
extinction. (B) A clerk shall transfer a decedent's interest in one
or
two automobiles to the surviving spouse of the decedent,
as
provided in section 2106.18 of the Revised Code, upon receipt of
the title
or titles.
An affidavit executed by the
surviving
spouse shall be submitted to the clerk with
the title or titles.
The affidavit shall give the date of death of the
decedent, shall
state that
each
automobile for which the decedent's interest is to
be so transferred is not
disposed of by testamentary disposition,
and
shall provide an
approximate value for each automobile
selected to be transferred by the
surviving spouse. The affidavit
shall also contain a description for each
automobile for which the
decedent's interest is to be so
transferred. The transfer does
not affect any liens upon any
automobile for which the decedent's
interest is so transferred. (C) Upon the death of one of the persons who have
established joint ownership
with right of survivorship under
section
2106.17
2131.12 of the Revised Code in a
motor vehicle,
and upon
presentation to a clerk of the title and the
certificate
of
death
of the decedent, the clerk shall transfer title to the
motor
vehicle to the survivor. The transfer does not affect any
liens
upon
any
motor vehicle so transferred. (D) Upon the death of the owner of a motor vehicle
designated in beneficiary form under section 2131.13 of the
Revised Code, upon application for a certificate of title by the
transfer-on-death beneficiary or beneficiaries designated pursuant
to that section, and upon presentation to the clerk of the
certificate of title and the certificate of death of the decedent,
the clerk shall transfer the motor vehicle and issue a certificate
of title to the transfer-on-death beneficiary or beneficiaries.
The transfer does not affect any liens upon the motor vehicle so
transferred.
Sec. 4549.08. No person shall operate or drive a motor
vehicle upon the
public roads and highways in this state if it
displays a license
plate or a distinctive number or identification
mark that meets any of the following criteria: (B) Is a counterfeit or an unlawfully made copy of any
distinctive number or
identification mark; (C) Belongs to another motor vehicle, provided that this
section does not
apply to a
motor vehicle that is operated on the
public roads and
highways in this state when the motor vehicle
displays license
plates that originally were issued for a motor
vehicle that
previously was owned by the same person who owns the
motor
vehicle that is operated on the public roads and highways in
this state, during the thirty-day period described in division
(C)(D) of section 4503.12 of the
Revised
Code. A person who fails to comply with the transfer of
registration
provisions of section 4503.12 of the Revised Code and
is charged with a
violation of that section shall not be charged
with a violation of this
section.
Sec. 4549.41. As used in sections 4549.41 to 4549.51 of
the
Revised Code: (A) "Person" includes an individual, corporation,
government, governmental subdivision or agency, business trust,
estate, trust, partnership, association, or cooperative or any
other legal entity, whether acting individually or by their
agents, officers, employees, or representatives. (B) "Motor vehicle" means any vehicle driven or drawn by
mechanical power for use on the public streets, roads, or
highways. (C) "Odometer" means an instrument for measuring and
recording the total distance
which
that a motor vehicle travels
while
in operation, including any cable, line, or other part
necessary
to make the instrument function properly. Odometer does
not
include any auxiliary odometer designed to be reset by the
operator of a motor vehicle for the purpose of recording mileage
on trips. (D) "Transfer" means to change ownership of a motor
vehicle
by purchase, by gift, or, except as otherwise provided in
this
division, by any other means. A "transfer" does not include
a
change of ownership as a result of a bequest, under the laws of
intestate succession, as a result of a surviving spouse's actions
pursuant to section 2106.18 or 4505.10 of the Revised Code, as a
result of the
operation of section
2106.17
2131.12 or 2131.13 of
the Revised Code, or in
connection with the creation of a security
interest. (E) "Transferor" means the person involved in a transfer,
who transfers ownership of a motor vehicle. (F) "Transferee" means the person involved in a transfer,
to
whom the ownership of a motor vehicle is transferred. (G) "Service" means to repair or replace an odometer
which
that is not properly functioning.
Section 2. That existing sections 1339.66, 1339.68, 1340.22,
1547.54, 1548.07, 1548.071, 1548.08, 1548.11, 2106.17, 2106.18,
2107.27, 2107.28,
2109.62, 2113.30, 2113.61, 2117.25, 4503.12,
4505.06, 4505.10,
4549.08, and 4549.41 of the Revised Code are
hereby repealed.
Section 3. Section 1548.07 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub.
H.B. 458 and Am. Sub. S.B. 182 of the 120th General Assembly.
Section 4505.10 of the
Revised Code is presented in this act as a
composite of the
section as amended by both Am. Sub. S.B. 74 and
Sub. S.B. 59 of
the 124th General Assembly. The
General Assembly,
applying the
principle stated in division (B) of
section 1.52 of
the Revised
Code that amendments are to be
harmonized if
reasonably capable of
simultaneous operation, finds
that each
composite is the resulting
version of the section in
effect prior
to the effective date of
the section as presented in
this act.
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