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Sub. H. B. No. 564 As Reported by the House Judiciary CommitteeAs Reported by the House Judiciary Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Huffman, Blessing
A BILL
To amend section 2101.16, 2101.162, 2101.17, 2111.51,
2113.031, and 2303.201 of the Revised Code to
provide for the establishment by court rule of
certain fees charged by the probate
court.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2101.16, 2101.162, 2101.17, 2111.51,
2113.031, and 2303.201 of the Revised Code be amended to read as
follows:
Sec. 2101.16. (A) Except as provided in section 2101.164
of
the Revised Code, the probate judge shall establish by rule,
charge, and collect, if possible, fees for services rendered in
proceedings enumerated in this division
shall be
charged and
collected, if possible, by the probate judge
and, which fees shall
be in full for all services rendered in the respective
proceedings. The fee established for services rendered in any
proceeding referred to in division (A)(2), (29), (33), (44), or
(57) of this section shall not be less than the amount of that fee
that must be deposited into a specific fund under division (C) or
(G) of this section. The probate judge may by rule modify any fee
previously established under this division. Not less than thirty
days before adopting a rule under this division, the probate judge
shall publish a notice in a newspaper of general circulation in
the county in which the probate court is located setting forth the
proposed rule. The probate judge shall establish fees for services
rendered in the following proceedings:
(1) |
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Account, in addition to advertising charges |
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$ |
12.00; |
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Waivers and proof of notice of hearing on account, per page, minimum one dollar |
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$ |
1.00; |
(2) |
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Account of distribution, in addition to advertising charges |
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$ |
7.00; |
(3) |
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Adoption of child, petition for |
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$ |
50.00; |
(4)(3) |
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Alter or cancel contract for sale or purchase of real estate, petition to |
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$ |
20.00; |
(5)(4) |
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Application and Entry or order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section |
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$ |
5.00; |
(6)(5) |
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Appropriation suit, per day, hearing in |
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$ |
20.00; |
(7)(6) |
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Birth, application for registration of |
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$ |
7.00; |
(8)(7) |
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Birth record, application to correct |
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$ |
5.00; |
(9)(8) |
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Bond, application for new or additional |
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$ |
5.00; |
(10)(9) |
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Bond, application for release of surety or reduction of |
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$ |
5.00; |
(11)(10) |
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Bond, receipt for securities deposited in lieu of |
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$ |
5.00; |
(12)(11) |
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Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar |
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$ |
1.00; |
(13)(12) |
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Citation and issuing citation, application for |
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$ |
5.00; |
(14)(13) |
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Change of name, petition for |
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$ |
20.00; |
(15)(14) |
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Claim, application of administrator or executor for allowance of administrator's or executor's own |
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$ |
10.00; |
(16)(15) |
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Claim, application to compromise or settle |
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$ |
10.00; |
(17)(16) |
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Claim, authority to present |
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$ |
10.00; |
(18)(17) |
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Commissioner, appointment of |
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$ |
5.00; |
(19)(18) |
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Compensation for extraordinary services and attorney's fees for fiduciary, application for |
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$ |
5.00; |
(20)(19) |
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Competency, application to procure adjudication of |
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$ |
20.00; |
(21)(20) |
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Complete contract, application to |
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$ |
10.00; |
(22)(21) |
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Concealment of assets, citation for |
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$ |
10.00; |
(23)(22) |
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Construction of will, petition for |
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$ |
20.00; |
(24)(23) |
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Continue decedent's business, application to |
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$ |
10.00; |
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Monthly reports of operation |
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$ |
5.00; |
(25)(24) |
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Declaratory judgment, petition for |
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$ |
20.00; |
(26)(25) |
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Deposit of will |
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$ |
5.00; |
(27)(26) |
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Designation of heir |
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$ |
20.00; |
(28)(27) |
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Distribution in kind, application, assent, and order for |
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$ |
5.00; |
(29)(28) |
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Distribution under section 2109.36 of the Revised Code, application for an order of |
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$ |
7.00; |
(30)(29) |
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Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars |
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$ |
15.00; |
(31)(30) |
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Exceptions to any proceeding named in this section, contest of appointment or |
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$ |
10.00; |
(32)(31) |
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Election of surviving partner to purchase assets of partnership, proceedings relating to |
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$ |
10.00; |
(33)(32) |
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Election of surviving spouse under will |
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$ |
5.00; |
(34)(33) |
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Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of |
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$ |
35.00; |
(35)(34) |
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Foreign will, application to record |
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$ |
10.00; |
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Record of foreign will, additional, per page |
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$ |
1.00; |
(36)(35) |
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Forms, per case, when supplied made available by the probate court, not to exceed |
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$ |
10.00; |
(37)(36) |
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Heirship, petition to determine |
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$ |
20.00; |
(38)(37) |
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Injunction proceedings |
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$ |
20.00; |
(39)(38) |
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Improve real estate, petition to |
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$ |
20.00; |
(40)(39) |
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Inventory with appraisement |
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$ |
10.00 |
(41) |
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Inventory without appraisement |
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$ |
7.00; |
(42)(40) |
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Investment or expenditure of funds, application and entry for |
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$ |
10.00; |
(43)(41) |
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Invest in real estate, application to |
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$ |
10.00; |
(44)(42) |
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Lease for oil, gas, coal, or other mineral, petition to |
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$ |
20.00; |
(45)(43) |
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Lease or lease and improve real estate, petition to |
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$ |
20.00; |
(46)(44) |
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Marriage license |
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$ |
10.00; |
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Certified abstract of each marriage |
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$ |
2.00; |
(47)(45) |
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Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of |
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$ |
10.00; |
(48)(46) |
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Mortgage or mortgage and repair or improve real estate, petition to |
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$ |
20.00; |
(49)(47) |
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Newly discovered assets, report of |
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$ |
7.00; |
(50)(48) |
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Nonresident executor or administrator to bar creditors' claims, proceedings by |
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$ |
20.00; |
(51)(49) |
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Power of attorney or revocation of power, bonding company |
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$ |
10.00; |
(52)(50) |
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Presumption of death, petition to establish |
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$ |
20.00; |
(53)(51) |
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Probating will |
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$ |
15.00; |
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Proof of notice to beneficiaries |
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$ |
5.00; |
(54)(52) |
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Purchase personal property, application of surviving spouse to |
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$ |
10.00; |
(55)(53) |
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Purchase real estate at appraised value, petition of surviving spouse to |
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$ |
20.00; |
(56)(54) |
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Receipts in addition to advertising charges, application and order to record |
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$ |
5.00; |
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Record of those receipts, additional, per page |
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$ |
1.00; |
(57)(55) |
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Record in excess of fifteen hundred words five pages in any proceeding in the probate court, per page |
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$ |
1.00; |
(58)(56) |
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Release of estate by mortgagee or other lienholder |
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$ |
5.00; |
(59)(57) |
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Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code |
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$ |
60.00; |
(60)(58) |
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Removal of fiduciary, application for |
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$ |
10.00; |
(61)(59) |
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Requalification of executor or administrator |
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$ |
10.00; |
(62)(60) |
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Resignation of fiduciary |
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$ |
5.00; |
(63)(61) |
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Sale bill, public sale of personal property |
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$ |
10.00; |
(64)(62) |
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Sale of personal property and report, application for |
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$ |
10.00; |
(65)(63) |
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Sale of real estate, petition for |
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$ |
25.00; |
(66)(64) |
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Terminate guardianship, petition application and entry to |
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$ |
10.00; |
(67)(65) |
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Transfer of real estate, application, entry, and certificate for |
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$ |
7.00; |
(68)(66) |
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Unclaimed money, application to invest |
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$ |
7.00; |
(69)(67) |
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Vacate approval of account or order of distribution, motion to |
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$ |
10.00; |
(70)(68) |
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Writ of execution |
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$ |
5.00; |
(71)(69) |
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Writ of possession |
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$ |
5.00; |
(72)(70) |
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Wrongful death, application and settlement of claim for |
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$ |
20.00; |
(73)(71) |
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Year's allowance, petition to review |
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$ |
7.00; |
(74)(72) |
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Guardian's report, filing and review of |
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$ |
5.00. |
(B)(1) In relation to an application for the appointment of a
guardian or the review of a report of a guardian under section
2111.49 of the Revised Code, the probate court, pursuant to court
order or in accordance with a court rule, may direct that the
applicant or the estate pay any or all of the expenses of an
investigation conducted pursuant to section 2111.041 or division
(A)(2) of section 2111.49 of the Revised Code. If the
investigation is conducted by a public employee or investigator
who is paid by the county, the fees for the investigation shall
be
paid into the county treasury. If the court finds that an
alleged
incompetent or a ward is indigent, the court may waive
the costs,
fees, and expenses of an investigation.
(2) In relation to the appointment or functioning of a
guardian for a minor or
the guardianship of a minor, the probate
court may direct that the applicant
or
the estate pay any or all
of the expenses of an investigation conducted
pursuant to section
2111.042 of the Revised Code. If the investigation is
conducted by
a public employee or investigator who is paid by the county, the
fees for the investigation shall be paid into the county treasury.
If the
court finds that the guardian or applicant is indigent, the
court may waive
the
costs, fees, and expenses of an investigation.
(C) Thirty Fifteen dollars of the fee collected pursuant to
division (A)(29) of this section, fifty dollars of the
thirty-five-dollar fee collected
pursuant to division (A)(34)(33)
of this section, ten dollars of the fee collected pursuant to
division (A)(44) of this section, and twenty thirty dollars
of
the sixty-dollar fee collected pursuant to division
(A)(59)(57) of
this section shall be deposited by the county
treasurer in the
indigent guardianship fund created pursuant to
section 2111.51 of
the Revised Code.
(D) The fees of witnesses, jurors, sheriffs, coroners, and
constables for services rendered in the probate court or by order
of the probate judge shall be the same as provided for like
services in the court of common pleas.
(E) The probate court, by rule, may require an advance
deposit for costs, not to exceed one two hundred twenty-five fifty
dollars plus the cost of publication,
at the time application is
made for an appointment as executor or
administrator or at the
time a will is presented for probate.
(F) The probate court, by rule, shall establish a
reasonable
fee, not to exceed fifty dollars, for the filing of a
petition for
the release of information regarding an adopted
person's name by
birth and the identity of the adopted
person's biological parents
and biological siblings pursuant to section
3107.41 of the
Revised
Code, all proceedings relative to the petition, the entry
of an
order relative to the petition, and all services required
to be
performed in connection with the petition. The probate
court may
use a reasonable portion of a fee charged under
authority of this
division to reimburse any agency, as defined in
section 3107.39 of
the Revised Code, for any services it renders
in performing a task
described in section 3107.41 of the Revised
Code relative to or in
connection with the petition for which the
fee was charged.
(G)(1) Thirty dollars of the fifty-dollar fee collected
pursuant to division
(A)(3)(2) of this section shall be deposited
into the "putative father registry
fund," which is hereby created
in the state treasury. The department of job
and family
services
shall use the money in the fund to fund the department's costs of
performing its duties related to the putative father registry
established
under section 3107.062 of the Revised Code.
(2) If the department determines that money in the putative
father registry fund is more than is needed for its duties related
to the putative father registry, the department may use the
surplus moneys in the fund as permitted in division (C) of section
2151.3529, division (B) of section 2151.3530, or section 5103.155
of the Revised Code.
Sec. 2101.162. (A)(1) The probate judge may determine
that,
for the efficient operation of the probate court,
additional funds
are required to computerize the court, make
available computerized
legal research services, or to do both.
Upon making a
determination that additional funds are required
for either or
both of those purposes, the probate judge shall
charge a fee not
to exceed three five dollars or authorize and direct
a deputy
clerk of his the probate court to charge a fee not to
exceed three
five
dollars, in addition to the fees specified in charged under
divisions
(A)(1), (2),
(3), (4), (6)(5), (14)(13) to (17)(16),
(20)(19) to
(25)(24), (27)(26), (30)(29) to (32)(31), (33),
(34),
(35),
(37)(36) to (48)(46), (50)(48) to (55)(53), (57) to (59)
to, (61),
(63) to
(66), (69) to (64), (67), and (72)(70) of
section 2101.16
of the Revised Code, the
fee adopted pursuant to
division (F) of
that section, and the fee
charged in connection
with the docketing
and indexing of an
appeal.
(2) All moneys collected under division (A)(1) of this
section shall be paid to the county treasurer. The treasurer
shall
place the moneys from the fees in a separate fund to be
disbursed,
upon an order of the probate judge, in an amount no
greater than
the actual cost to the court of procuring and
maintaining
computerization of the court, computerized legal
research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) The probate judge may determine that, for the
efficient operation of his the probate court, additional funds
are
required
to computerize the office of the clerk of the court and,
upon
that determination, may charge a fee, not to exceed ten
fifteen dollars,
or authorize and direct a deputy clerk of the
probate court to
charge a fee, not to exceed ten fifteen dollars,
in addition to the fees
specified in charged under divisions
(A)(1), (2),
(3),
(4), (6)(5), (14)(13) to (17)(16), (20)(19) to
(25)(24), (27)(26),
(30)(29) to (32)(31), (33),
(34), (35),
(37)(36) to (48)(46),
(50)(48) to (55)(53), (57) to (59) to,
(61), (63) to
(66), (69) to
(64), (67), and (72)(70) of section
2101.16 of the Revised Code,
the fee adopted pursuant to division
(F) of that section, and the
fee charged in connection with the
docketing and indexing of an
appeal. Subject to division (B)(2)
of this section, all moneys
collected under this division shall
be paid to the county
treasurer to be disbursed, upon an order of
the probate judge and
subject to appropriation by the board of
county commissioners, in
an amount no greater than the actual
cost to the probate court of
procuring and maintaining computer
systems for the office of the
clerk of the court.
(2) If the probate judge makes the determination described
in
division (B)(1) of this section, the board of county
commissioners
may issue one or more general obligation bonds for
the purpose of
procuring and maintaining the computer systems for
the office of
the clerk of the probate court. In addition to the
purposes stated
in division (B)(1) of this section for which the
moneys collected
under that division may be expended, the moneys
additionally may
be expended to pay debt charges on and financing
costs related to
any general obligation bonds issued pursuant to
this division as
they become due. General obligation bonds
issued pursuant to this
division are Chapter 133. securities.
Sec. 2101.17. The fees enumerated in this section shall be
paid to the probate court from the county treasury upon the
warrant of the county auditor which shall issue upon the
certificate of the probate judge and shall be in full for all
services rendered in the respective proceedings as follows:
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(A) |
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For each hearing to determine if a person is a mentally ill individual subject to hospitalization when the person is committed to a state hospital or to relatives |
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$ |
12.00 40.00; |
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(B) |
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When the person is discharged |
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7.00 25.00; |
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(C) |
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For order of return of a mentally ill person to a state hospital or removal therefrom |
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2.00 10.00; |
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(D) |
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For proceedings for committing a person to an institution for the mentally retarded |
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10.00 35.00; |
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(E) |
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For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged |
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10.00 35.00; |
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(F) |
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When acting as a juvenile judge, for each case filed against a delinquency delinquent, dependent, unruly, or neglected child, or a juvenile traffic offender |
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5.00 20.00; |
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(G) |
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For proceedings to take a child from parents or other persons having control thereof |
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5.00 20.00. |
Sec. 2111.51. Each county shall establish in the county
treasury an indigent guardianship fund. All revenue that the
general assembly appropriates to the indigent guardianship fund
for a county, thirty fifteen dollars of the fee
collected
pursuant to division (A)(29) of section 2101.16 of the
Revised
Code, fifty dollars of the thirty-five-dollar fee
collected
pursuant to division (A)(34)(33)
of that section 2101.16
of the
Revised Code, ten dollars of the fee
collected pursuant to
division (A)(44) of that
section, and twenty
thirty dollars of
the sixty-dollar fee
collected pursuant to
division (A)(59)()(57)
of that section
shall
be deposited into the
fund that is
established in that
county.
Expenditures from the
fund shall be
made only upon order
of the
probate judge and only
for payment
of any cost, fee,
charge, or
expense associated with
the
establishment, opening,
maintenance,
or termination of a
guardianship for an indigent
ward.
If a probate court determines that there are reasonably
sufficient funds in the indigent guardianship fund of the county
in which the court is located to meet the needs of indigent
guardianships in that county, the court, by order, may declare a
surplus in the indigent guardianship fund and expend the surplus
funds for other guardianship expenses or for other court
purposes.
Sec. 2113.031. (A) As used in this section:
(1) "Financial institution" has the same meaning as in
section 5725.01 of the Revised
Code. "Financial institution"
also
includes a credit union and a fiduciary that is not a trust
company but that does trust business.
(2) "Funeral and burial expenses" means whichever of the
following applies:
(a) The funeral and burial expenses
of the decedent that are
included in the bill of a funeral
director;
(b) The funeral expenses of the
decedent that are not
included in the bill of a funeral director
and that have been
approved by the probate court;
(c) The funeral and burial expenses
of the decedent that are
described in divisions
(A)(2)(a) and (b) of this section.
(3) "Surviving spouse" means either of the following:
(a) The surviving spouse of a
decedent who died leaving the
surviving spouse and no minor
children;
(b) The surviving spouse of a decedent who died
leaving the
surviving spouse and minor children, all of whom are
children of
the decedent and the surviving spouse.
(B)(1) If the value of
the assets of the decedent's estate
does not exceed the lesser
of five thousand dollars or the amount
of the decedent's funeral
and burial expenses, any person who is
not a surviving spouse
and who has paid or is obligated in writing
to pay the
decedent's funeral and burial expenses, including a
person described in section 2108.89 of the Revised Code, may apply
to the
probate
court for an order granting a summary release from
administration in accordance with this section.
(2) If either of the following applies, the decedent's
surviving spouse may apply to the probate court for an order
granting a summary release from administration in
accordance with
this section:
(a) The decedent's funeral and burial
expenses have been
prepaid, and the value of the assets of the
decedent's estate does
not exceed the total of the following
items:
(i) The allowance for
support that is made under division
(A)
of section 2106.13 of the
Revised Code to the surviving spouse
and, if applicable, to the decedent's minor children and that
is
distributable in accordance with division
(B)(1) or (2) of that
section;
(ii) An amount, not exceeding five
thousand dollars, for the
decedent's funeral and burial expenses
referred to in division
(A)(2)(c) of this
section.
(b) The decedent's funeral and burial
expenses have not been
prepaid, the decedent's surviving spouse
has paid or is obligated
in writing to pay the decedent's
funeral and burial expenses, and
the value of the assets of the
decedent's estate does not exceed
the total of the items
referred to in divisions (B)(2)(a)(i)
and
(ii) of this section.
(C) A probate court
shall order a summary release from
administration
in connection with a decedent's estate only if the
court finds
that all of the following are satisfied:
(1) A person described in division
(B)(1) of this section is
the
applicant for a summary release from
administration, and the
value of the assets of the decedent's
estate does not exceed the
lesser of five thousand dollars or the
amount of the decedent's
funeral and burial expenses, or
the applicant for a summary
release from administration is the decedent's
surviving spouse,
and the circumstances described in division
(B)(2)(a) or (b) of
this section apply.
(2) The application for a summary release from
administration
does all of
the following:
(a) Describes all assets of the
decedent's estate that are
known to the
applicant;
(b) Is in the form that the supreme
court prescribes
pursuant
to its powers of superintendence under
Section 5 of
Article IV,
Ohio
Constitution, and is consistent
with the
requirements of this
division;
(c) Has been signed and acknowledged by the
applicant in the
presence of a notary public or a deputy clerk
of the probate
court;
(d) Sets forth the following
information if the decedent's
estate includes a described type
of asset:
(i) If the decedent's estate includes a motor
vehicle, the
motor vehicle's year, make, model,
body type, manufacturer's
vehicle identification number,
certificate of title number, and
date of death value;
(ii) If the decedent's estate
includes an account maintained
by a financial institution, that
institution's name and the
account's complete identifying number
and date of death balance;
(iii) If the decedent's estate includes one or
more shares
of
stock or bonds, the total number of the shares
and bonds and
their
total date of death value and, for each
share or bond, its
serial
number, the name of its issuer, its
date of death value,
and, if
any, the
name and address of its transfer agent.
(3) The application for a summary release from
administration
is
accompanied by all of the following that apply:
(a) A receipt, contract, written declaration as defined in
section 2108.70 of the Revised Code, or other document that
confirms the
applicant's payment or obligation to pay the
decedent's funeral
and burial expenses or, if applicable in the
case of the
decedent's surviving spouse, the prepayment of the
decedent's
funeral and burial expenses;
(b) An application for a
certificate of transfer as
described
in section 2113.61 of the
Revised Code, if an interest
in real
property is included in the assets of the decedent's
estate;
(c) The fee required by division
(A)(59)(57) of section
2101.16
of
the Revised Code.
(4) At the time of its determination on the application,
there are no
pending proceedings for
the administration of the
decedent's estate and no
pending proceedings for relief of the
decedent's estate from
administration under section 2113.03 of the
Revised Code.
(5) At the time of its determination on the
application,
there are no known assets of the decedent's estate
other than the
assets described in the application.
(D) If the probate court
determines that the requirements of
division
(C) of this section are
satisfied, the probate court
shall issue an order that grants a
summary release from
administration in connection
with the decedent's estate. The
order
has, and shall specify
that it has, all of the following
effects:
(1) It relieves the decedent's estate from
administration.
(2) It directs the delivery to the applicant of the
decedent's personal property together with the title to that
property.
(3) It directs the transfer to the applicant of the title
to
any interests in real property included in the decedent's
estate.
(4)
It eliminates the need for a financial institution,
corporation, or other entity or person referred to in any
provision of
divisions (A)
to (F) of section 5731.39 of the
Revised Code to obtain, as otherwise would be required by
any of
those divisions, the written consent of the tax commissioner prior
to
the delivery, transfer, or payment to the applicant of an asset
of the
decedent's estate.
(E) A certified copy of
an order that grants a summary
release from administration
together with a certified copy of the
application for that order
constitutes sufficient authority for a
financial institution,
corporation, or other entity or person
referred to in divisions (A)
to (F) of section 5731.39 of the
Revised Code or for a
clerk of a court of common pleas to transfer
title to an asset of the
decedent's estate to the applicant for
the summary release from
administration.
(F) This section does
not affect the ability of qualified
persons to file an
application to relieve an estate from
administration under
section 2113.03 of the Revised
Code or to
file an application
for the grant of letters testamentary or
letters of
administration in connection with the decedent's
estate.
Sec. 2303.201. (A)(1) The court of common pleas of any
county may determine that for the efficient operation of the
court
additional funds are required to computerize the court, to
make
available computerized legal research services, or to do
both.
Upon making a determination that additional funds are
required for
either or both of those purposes, the court shall
authorize and
direct the clerk of the court of common pleas to
charge one
additional fee, not to exceed three dollars, on the
filing of each
cause of action or appeal under divisions (A),
(Q), and (U) of
section 2303.20 of the Revised Code.
(2) All fees collected under division (A)(1) of this
section
shall be paid to the county treasurer. The treasurer
shall place
the funds from the fees in a separate fund to be
disbursed, upon
an order of the court, in an amount not greater
than the actual
cost to the court of procuring and maintaining
computerization of
the court, computerized legal research
services, or both.
(3) If the court determines that the funds in the fund
described in division (A)(2) of this section are more than
sufficient to satisfy the purpose for which the additional fee
described in division (A)(1) of this section was imposed, the
court may declare a surplus in the fund and expend those surplus
funds for other appropriate technological expenses of the court.
(B)(1) The court of common pleas of any county may
determine
that, for the efficient operation of the court,
additional funds
are required to computerize the office of the
clerk of the court
of common pleas and, upon that determination,
authorize and direct
the clerk of the court of common pleas to
charge an additional
fee, not to exceed ten dollars, on the
filing of each cause of
action or appeal, on the filing,
docketing, and endorsing of each
certificate of judgment, or on
the docketing and indexing of each
aid in execution or petition
to vacate, revive, or modify a
judgment under divisions (A), (P),
(Q), (T), and (U) of section
2303.20 of the Revised Code.
Subject to division (B)(2) of this
section, all moneys collected
under division (B)(1) of this
section shall be paid to the county
treasurer to be disbursed,
upon an order of the court of common
pleas and subject to
appropriation by the board of county
commissioners, in an amount
no greater than the actual cost to
the court of procuring and
maintaining computer systems for the
office of the clerk of the
court of common pleas.
(2) If the court of common pleas of a county makes the
determination described in division (B)(1) of this section, the
board of county commissioners of that county may issue one or
more
general obligation bonds for the purpose of procuring and
maintaining the computer systems for the office of the clerk of
the court of common pleas. In addition to the purposes stated in
division (B)(1) of this section for which the moneys collected
under that division may be expended, the moneys additionally may
be expended to pay debt charges on and financing costs related to
any general obligation bonds issued pursuant to division (B)(2)
of
this section as they become due. General obligation bonds
issued
pursuant to division (B)(2) of this section are Chapter
133.
securities.
(C)
The
court of common pleas shall collect the sum of
twenty-six dollars
as
additional filing fees in each new civil
action
or proceeding
for
the charitable public purpose of
providing
financial
assistance
to legal aid societies that operate
within
the state and to support the office of the state public
defender.
This
division does not apply to proceedings concerning
annulments,
dissolutions of marriage, divorces, legal separation,
spousal
support, marital property or separate property
distribution,
support, or other domestic relations matters; to a
juvenile
division of a court of common pleas; to a probate
division of a
court of common pleas, except that the additional
filing fees
shall apply to name change, guardianship,
adoption,
and full administration of decedents' estate
proceedings; or to an
execution on
a judgment, proceeding in aid
of execution, or other
post-judgment
proceeding arising out of a
civil action. The
filing fees required
to be collected under
this
division shall be
in addition to any
other filing fees
imposed in
the action or
proceeding and shall be
collected at the
time of the
filing of
the action or proceeding.
The court shall
not waive the
payment
of the additional filing
fees in a new
civil action or
proceeding
unless the court waives
the advanced
payment of all
filing fees
in the action or
proceeding. All such
moneys
collected during a
month shall be
transmitted on or before the
twentieth day of the
following month
by the clerk of the court to
the
treasurer of
state in a manner
prescribed by the treasurer of state or by the
Ohio legal
assistance foundation. The
treasurer of state shall
deposit four
per cent of the funds collected under this division
to the credit
of the civil case filing fee fund established under
section 120.07
of the Revised Code and ninety-six per cent of the
funds collected
under this division to the
credit of the legal
aid fund
established
under section 120.52 of
the Revised Code.
The court may retain up to one per cent of the moneys it
collects under this division to cover administrative costs,
including the hiring of any additional personnel necessary to
implement this division.
(D) On and after the thirtieth day after December 9, 1994,
the court of
common pleas shall collect the sum
of thirty-two
dollars as additional filing fees in each new
action or proceeding
for annulment, divorce, or dissolution of
marriage for the purpose
of funding shelters for victims of
domestic violence pursuant to
sections 3113.35 to 3113.39 of the
Revised Code. The filing fees
required to be collected under
this division shall be in addition
to any other filing fees
imposed in the action or proceeding and
shall be collected at the
time of the filing of the action or
proceeding. The court shall
not waive the payment of the
additional filing fees in a new
action or proceeding for
annulment, divorce, or dissolution of
marriage unless the court
waives the advanced payment of all
filing fees in the action or
proceeding. On or before the twentieth day of
each month, all
moneys collected during the immediately preceding month
pursuant
to this division
shall
be deposited by the clerk of the court into
the county treasury
in the special fund used for deposit of
additional marriage
license fees as described in section 3113.34
of the Revised Code.
Upon their deposit into the fund, the moneys
shall be retained
in the fund and expended only as described in
section 3113.34 of
the Revised Code.
(E)(1) The court of common pleas may determine that, for the
efficient operation of the court, additional funds are necessary
to acquire
and pay for special projects of the court, including,
but not limited to, the
acquisition of additional facilities or
the rehabilitation of existing
facilities, the acquisition of
equipment, the hiring and training of staff,
community service
programs, mediation or dispute resolution services, the
employment
of magistrates, the training and education of judges, acting
judges, and magistrates, and other related services. Upon that
determination,
the court by rule may charge a fee, in addition to
all other court costs, on
the filing of each criminal cause, civil
action or proceeding, or judgment by
confession.
If the court of common pleas offers a special program or
service in cases
of a specific type, the court by rule may assess
an additional charge in a
case of that type, over and above court
costs, to cover the special program or
service. The court shall
adjust the special assessment periodically, but not
retroactively,
so that the amount assessed in those cases does not exceed the
actual cost of providing the service or program.
All moneys collected under division (E) of this section shall
be
paid to the county treasurer for deposit into either a general
special
projects fund or a fund established for a specific special
project. Moneys
from a fund of that nature shall be disbursed
upon
an order of the court in an
amount no greater than the actual
cost
to the court of a project. If a
specific fund is terminated
because of the discontinuance of a program or
service established
under division (E) of this section, the court may
order that
moneys remaining in the fund be transferred to an account
established under this division for a similar purpose.
(2) As used in division (E) of this section:
(a)
"Criminal cause" means a charge alleging the violation
of
a
statute or ordinance, or subsection of a statute or
ordinance,
that requires a
separate finding of fact or a separate
plea before
disposition and of which
the defendant may be found
guilty,
whether filed as part of a multiple charge
on a single
summons,
citation, or complaint or as a separate charge on a
single
summons, citation, or complaint.
"Criminal cause" does not
include
separate violations of the same statute or ordinance, or
subsection of the
same statute or ordinance, unless each charge is
filed on a separate summons,
citation, or complaint.
(b)
"Civil action or proceeding" means any civil litigation
that
must be determined by judgment entry.
Section 2. That existing sections 2101.16, 2101.162, 2101.17,
2111.51, 2113.031, and 2303.201 of the Revised Code are hereby
repealed.
Section 3. Until a probate court adopts a rule establishing
fees pursuant to division (A) of section 2101.16 of the Revised
Code as amended by this act, the fees set forth in that division
as it existed on the effective date of this act shall remain in
effect.
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