Bill Text: OH HB395 | 2009-2010 | 128th General Assembly | Introduced

Ohio House Bill 395 (Prior Session Legislation)

Introduced

Bill Title: To make changes relative to the Probate Code and the marriage license law.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-12-14 - To Civil & Commercial Law [HB395 Detail]

Download: Ohio-2009-HB395-Introduced.html

As Introduced

128th General Assembly

Regular Session

2009-2010

H. B. No. 395

Representatives Bacon, Harwood

Cosponsors: Representatives Combs, Murray, Domenick, Evans, Williams, B., Grossman, DeGeeter, Book, Fende, Mecklenborg, Letson, Stebelton

A BILL

To amend sections 141.07, 2101.01, 2101.02, 2101.021,

2101.03, 2101.04, 2101.06, 2101.07, 2101.08,

2101.09, 2101.10, 2101.11, 2101.13, 2101.15,

2101.16, 2101.162, 2101.19, 2101.20, 2101.22,

2101.23, 2101.24, 2101.27, 2101.30, 2101.34,

2101.38, 2101.41, 2101.43, 2103.01, 2105.051,

2105.06, 2105.09, 2105.10, 2105.11, 2105.13,

2105.14, 2105.15, 2105.16, 2105.19, 2106.01,

2106.08, 2106.11, 2107.01, 2107.02, 2107.03,

2107.04, 2107.05, 2107.07, 2107.08, 2107.081,

2107.082, 2107.083, 2107.084, 2107.085, 2107.09,

2107.10, 2107.11, 2107.15, 2107.17, 2107.18,

2107.20, 2107.21, 2107.22, 2107.29, 2107.32,

2107.34, 2107.35, 2107.36, 2107.38, 2107.46,

2107.47, 2107.49, 2107.50, 2107.501, 2107.51,

2107.52, 2107.53, 2107.54, 2107.55, 2107.56,

2107.58, 2107.59, 2107.60, 2107.61, 2107.65,

2107.71, 2107.73, 2107.75, 2108.51, 2109.02,

2109.021, 2109.03, 2109.04, 2109.05, 2109.06,

2109.07, 2109.09, 2109.10, 2109.11, 2109.12,

2109.14, 2109.17, 2109.19, 2109.20, 2109.21,

2109.22, 2109.24, 2109.25, 2109.26, 2109.302,

2109.303, 2109.32, 2109.33, 2109.34, 2109.35,

2109.36, 2109.361, 2109.37, 2109.371, 2109.372,

2109.38, 2109.39, 2109.40, 2109.42, 2109.43,

2109.44, 2109.45, 2109.46, 2109.47, 2109.48,

2109.49, 2109.50, 2109.51, 2109.52, 2109.53,

2109.54, 2109.55, 2109.56, 2109.57, 2109.58,

2109.59, 2109.60, 2109.61, 2109.62, 2111.02,

2111.021, 2111.031, 2111.04, 2111.041, 2111.05,

2111.06, 2111.07, 2111.09, 2111.091, 2111.10,

2111.12, 2111.131, 2111.14, 2111.141, 2111.16,

2111.17, 2111.18, 2111.181, 2111.19, 2111.20,

2111.21, 2111.22, 2111.25, 2111.26, 2111.27,

2111.28, 2111.29, 2111.30, 2111.31, 2111.33,

2111.34, 2111.35, 2111.36, 2111.37, 2111.38,

2111.39, 2111.40, 2111.41, 2111.44, 2111.46,

2111.48, 2111.50, 2113.01, 2113.03, 2113.04,

2113.05, 2113.06, 2113.07, 2113.12, 2113.13,

2113.14, 2113.15, 2113.16, 2113.18, 2113.19,

2113.20, 2113.21, 2113.22, 2113.25, 2113.30,

2113.31, 2113.311, 2113.33, 2113.34, 2113.35,

2113.36, 2113.39, 2113.40, 2113.41, 2113.45,

2113.46, 2113.48, 2113.49, 2113.50, 2113.51,

2113.52, 2113.54, 2113.58, 2113.61, 2113.62,

2113.67, 2113.68, 2113.69, 2113.70, 2113.72,

2113.73, 2113.74, 2113.75, 2113.81, 2113.82,

2113.85, 2113.86, 2113.87, 2113.88, 2115.02,

2115.03, 2115.06, 2115.09, 2115.10, 2115.11,

2115.12, 2115.16, 2115.17, 2117.01, 2117.02,

2117.03, 2117.04, 2117.08, 2117.09, 2117.10,

2117.13, 2117.15, 2117.17, 2117.18, 2117.30,

2117.31, 2117.34, 2117.35, 2117.36, 2117.37,

2117.41, 2117.42, 2119.01, 2119.02, 2119.03,

2119.04, 2119.05, 2121.01, 2121.02, 2121.05,

2121.06, 2121.08, 2121.09, 2123.02, 2123.03,

2123.05, 2123.06, 2127.011, 2127.02, 2127.04,

2127.05, 2127.06, 2127.07, 2127.08, 2127.09,

2127.10, 2127.11, 2127.12, 2127.13, 2127.14,

2127.15, 2127.16, 2127.17, 2127.18, 2127.19,

2127.21, 2127.22, 2127.23, 2127.24, 2127.27,

2127.28, 2127.29, 2127.30, 2127.32, 2127.33,

2127.34, 2127.35, 2127.36, 2127.37, 2127.38,

2127.39, 2127.40, 2127.41, 2127.42, 2127.43,

2129.02, 2129.05, 2129.08, 2129.11, 2129.13,

2129.14, 2129.15, 2129.17, 2129.18, 2129.19,

2129.23, 2129.25, 2129.26, 2129.28, 2129.29,

2129.30, 2131.08, 2131.11, 2133.04, 2133.05,

2133.06, 2133.08, 2133.09, 3101.02, 3101.03,

3101.10, 3101.13, 3101.14, 3313.85, and 5111.113;

to enact new sections 2113.17 and 2113.26; and to

repeal sections 2101.36, 2101.37, 2113.02,

2113.17, 2113.24, 2113.26, 2113.27, 2113.28,

2113.29, 2113.57, and 2113.63 of the Revised Code

to make changes relative to the Probate Code and

the marriage license law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 141.07, 2101.01, 2101.02, 2101.021,	77
2101.03, 2101.04, 2101.06, 2101.07, 2101.08, 2101.09, 2101.10,	78
2101.11, 2101.13, 2101.15, 2101.16, 2101.162, 2101.19, 2101.20,	79
2101.22, 2101.23, 2101.24, 2101.27, 2101.30, 2101.34, 2101.38,	80
2101.41, 2101.43, 2103.01, 2105.051, 2105.06, 2105.09, 2105.10,	81
2105.11, 2105.13, 2105.14, 2105.15, 2105.16, 2105.19, 2106.01,	82
2106.08, 2106.11, 2107.01, 2107.02, 2107.03, 2107.04, 2107.05,	83
2107.07, 2107.08, 2107.081, 2107.082, 2107.083, 2107.084,	84
2107.085, 2107.09, 2107.10, 2107.11, 2107.15, 2107.17, 2107.18,	85
2107.20, 2107.21, 2107.22, 2107.29, 2107.32, 2107.34, 2107.35,	86
2107.36, 2107.38, 2107.46, 2107.47, 2107.49, 2107.50, 2107.501,	87
2107.51, 2107.52, 2107.53, 2107.54, 2107.55, 2107.56, 2107.58,	88
2107.59, 2107.60, 2107.61, 2107.65, 2107.71, 2107.73, 2107.75,	89
2108.51, 2109.02, 2109.021, 2109.03, 2109.04, 2109.05, 2109.06,	90
2109.07, 2109.09, 2109.10, 2109.11, 2109.12, 2109.14, 2109.17,	91
2109.19, 2109.20, 2109.21, 2109.22, 2109.24, 2109.25, 2109.26,	92
2109.302, 2109.303, 2109.32, 2109.33, 2109.34, 2109.35, 2109.36,	93
2109.361, 2109.37, 2109.371, 2109.372, 2109.38, 2109.39, 2109.40,	94
2109.42, 2109.43, 2109.44, 2109.45, 2109.46, 2109.47, 2109.48,	95
2109.49, 2109.50, 2109.51, 2109.52, 2109.53, 2109.54, 2109.55,	96
2109.56, 2109.57, 2109.58, 2109.59, 2109.60, 2109.61, 2109.62,	97
2111.02, 2111.021, 2111.031, 2111.04, 2111.041, 2111.05, 2111.06,	98
2111.07, 2111.09, 2111.091, 2111.10, 2111.12, 2111.131, 2111.14,	99
2111.141, 2111.16, 2111.17, 2111.18, 2111.181, 2111.19, 2111.20,	100
2111.21, 2111.22, 2111.25, 2111.26, 2111.27, 2111.28, 2111.29,	101
2111.30, 2111.31, 2111.33, 2111.34, 2111.35, 2111.36, 2111.37,	102
2111.38, 2111.39, 2111.40, 2111.41, 2111.44, 2111.46, 2111.48,	103
2111.50, 2113.01, 2113.03, 2113.04, 2113.05, 2113.06, 2113.07,	104
2113.12, 2113.13, 2113.14, 2113.15, 2113.16, 2113.18, 2113.19,	105
2113.20, 2113.21, 2113.22, 2113.25, 2113.30, 2113.31, 2113.311,	106
2113.33, 2113.34, 2113.35, 2113.36, 2113.39, 2113.40, 2113.41,	107
2113.45, 2113.46, 2113.48, 2113.49, 2113.50, 2113.51, 2113.52,	108
2113.54, 2113.58, 2113.61, 2113.62, 2113.67, 2113.68, 2113.69,	109
2113.70, 2113.72, 2113.73, 2113.74, 2113.75, 2113.81, 2113.82,	110
2113.85, 2113.86, 2113.87, 2113.88, 2115.02, 2115.03, 2115.06,	111
2115.09, 2115.10, 2115.11, 2115.12, 2115.16, 2115.17, 2117.01,	112
2117.02, 2117.03, 2117.04, 2117.08, 2117.09, 2117.10, 2117.13,	113
2117.15, 2117.17, 2117.18, 2117.30, 2117.31, 2117.34, 2117.35,	114
2117.36, 2117.37, 2117.41, 2117.42, 2119.01, 2119.02, 2119.03,	115
2119.04, 2119.05, 2121.01, 2121.02, 2121.05, 2121.06, 2121.08,	116
2121.09, 2123.02, 2123.03, 2123.05, 2123.06, 2127.011, 2127.02,	117
2127.04, 2127.05, 2127.06, 2127.07, 2127.08, 2127.09, 2127.10,	118
2127.11, 2127.12, 2127.13, 2127.14, 2127.15, 2127.16, 2127.17,	119
2127.18, 2127.19, 2127.21, 2127.22, 2127.23, 2127.24, 2127.27,	120
2127.28, 2127.29, 2127.30, 2127.32, 2127.33, 2127.34, 2127.35,	121
2127.36, 2127.37, 2127.38, 2127.39, 2127.40, 2127.41, 2127.42,	122
2127.43, 2129.02, 2129.05, 2129.08, 2129.11, 2129.13, 2129.14,	123
2129.15, 2129.17, 2129.18, 2129.19, 2129.23, 2129.25, 2129.26,	124
2129.28, 2129.29, 2129.30, 2131.08, 2131.11, 2133.04, 2133.05,	125
2133.06, 2133.08, 2133.09, 3101.02, 3101.03, 3101.10, 3101.13,	126
3101.14, 3313.85, and 5111.113 be amended and new sections	127
2113.17 and 2113.26 of the Revised Code be enacted to read as	128
follows:	129

Sec. 141.07. In addition to the annual salary and expenses	130
provided for in sections 141.04 and 141.05 of the Revised Code,	131
each judge of the probate court, and of the juvenile court, while	132
holding court in a county in which the judge does not reside, by	133
assignment of the chief justice of the supreme court under section	134
~~2101.37,~~ 2101.39, or 2151.07 of the Revised Code, and each judge	135
of the common pleas court while holding court in a county in which	136
the judge does not reside, by assignment of the chief justice of	137
the supreme court under section 2701.03 of the Revised Code, or	138
without any assignment, shall receive the actual and necessary	139
expenses that the judge incurred while so holding court in that	140
county, to be paid from the treasury of that county upon the	141
warrant of the county auditor. Each judge of the court of common	142
pleas, of the probate court, and of the juvenile court, who is	143
assigned by the chief justice by virtue of section 2503.04 of the	144
Revised Code, each judge of the probate court who is assigned by	145
the chief justice by virtue of ~~sections 2101.37 and~~section	146
2101.39 of the Revised Code, and each judge of the juvenile court	147
who is assigned by the chief justice by virtue of section 2151.07	148
of the Revised Code, to aid in disposing of business of some	149
county other than that in which the judge resides shall receive	150
fifty dollars for each day of the assignment and the actual and	151
necessary expenses that the judge incurred in holding court under	152
the assignment, together with the judge's actual transportation	153
expenses, to be paid from the treasury of the county to which the	154
judge is so assigned upon the warrant of the auditor of that	155
county.	156

Sec. 2101.01. (A) A probate division of the court of common	157
pleas shall be held at the county seat in each county in an office	158
furnished by the board of county commissioners, in which the	159
books, records, and papers pertaining to the probate division	160
shall be deposited and safely kept by the probate judge. The board	161
shall provide suitable ~~cases~~equipment or other necessary items	162
for the safekeeping and preservation of the books, records, and	163
papers of the court and shall furnish any ~~blankbooks, blanks~~	164
books, forms, and stationery, and any machines, equipment, and	165
materials for the keeping or examining of records, that the	166
probate judge requires in the discharge of official duties. The	167
board also shall authorize expenditures for accountants,	168
financial consultants, and other agents required for auditing or	169
financial consulting by the probate division whenever the probate	170
judge considers these services and expenditures necessary for the	171
efficient performance of the division's duties. The probate judge	172
shall employ and supervise all clerks, deputies, magistrates, and	173
other employees of the probate division. The probate judge shall	174
supervise all probate court investigators and assessors in the	175
performance of their duties as investigators and assessors and	176
shall employ, appoint, or designate all probate court	177
investigators and assessors in the manner described in divisions	178
(A)(2) and (3) of section 2101.11 of the Revised Code.	179

(B) As used in the Revised Code:

180

(1) Except as provided in division (B)(2) of this section,	181
"probate court" means the probate division of the court of common	182
pleas, and "probate judge" means the judge of the court of common	183
pleas who is judge of the probate division.	184

(2) With respect to Lorain county:

185

(a) From February 9, 2009, through September 28, 2009,	186
"probate court" means the domestic relations division of the	187
court of common pleas, and "probate judge" means each of the	188
judges of the court of common pleas who are judges of the	189
domestic relations division.	190

(b) The judge of the court of common pleas, division of	191
domestic relations, whose term begins on February 9, 2009, and	192
successors, shall be the probate judge beginning September 29,	193
2009, and shall be elected and designated as judge of the court	194
of common pleas, probate division.	195

(C) Except as otherwise provided in this division, all	196
pleadings, forms, journals, and other records filed or used in the	197
probate division shall be entitled "In the Court of Common Pleas,	198
Probate Division," but are not defective if entitled "In the	199
Probate Court." In Lorain county, from February 9, 2009, through	200
September 28, 2009, all pleadings, forms, journals, and other	201
records filed or used in probate matters shall be entitled "In	202
the Court of Common Pleas, Domestic Relations Division," but are	203
not defective if entitled "In the Probate Division" or "In the	204
Probate Court."	205

Sec. 2101.02. Every six years, in each county having a	206
separate judge of the probate division of the court of common	207
pleas, one probate judge shall be elected who is qualified as	208
required by section 2301.01 of the Revised Code. HeThe probate	209
judge shall hold office for six years, commencing on the ninth day	210
of February next following ~~his~~the judge's election.	211

Sec. 2101.021. There shall be one additional probate judge	212
for the probate court of Cuyahoga County.	213

~~Such~~The additional judge shall be elected at the general	214
election to be held in 1954 and every six years thereafter, for a	215
term of six years commencing on the first day of January next	216
following ~~his~~the additional judge's election.	217

The judge elected pursuant to this section shall comply with	218
the qualifications provided for in section 2101.02 of the Revised	219
Code.	220

The probate judge who is senior in point of service shall be	221
the presiding judge and shall have the care and custody of the	222
files, papers, books and records belonging to the probate court of	223
Cuyahoga county and shall have all the other powers and duties of	224
the judge as provided in section 2101.11 of the Revised Code.	225

Sec. 2101.03. Before entering upon the discharge of ~~his~~	226
official duties, the probate judge shall give a bond to the state	227
in a sum not less than five thousand dollars. ~~Such~~The bond shall	228
have sufficient surety, shall be approved by the board of county	229
commissioners, or by the county auditor and county recorder in the	230
absence from the county of two of the members of the board, and	231
shall be conditioned that ~~such~~the judge will faithfully pay over	232
all moneys received by ~~him~~the judge in ~~his~~the judge's official	233
capacity, enter and record the orders, judgments, and proceedings	234
of the court, and faithfully and impartially perform all the	235
duties of ~~his~~the judge's office. ~~Such~~The bond, with the oath of	236
office required by sections 3.22 and 3.23 of the Revised Code	237
indorsed ~~thereon~~on it, shall be deposited with the county	238
treasurer and kept in ~~his~~the treasurer's office. As the state of	239
business in ~~his~~the probate judge's office renders it necessary,	240
the board may require the probate judge to give additional bond.	241

Sec. 2101.04. The ~~several~~judge or judges of the probate	242
court shall make rules regulating the practice and conducting the	243
business of the court, ~~which they~~and the judge or judges shall	244
submit those rules to the supreme court. In order to maintain	245
regularity and uniformity in the proceedings of all the probate	246
courts, the supreme court may alter and amend ~~such~~the rules	247
submitted by the judge or judges of a probate court and make other	248
rules.	249

Sec. 2101.06. The probate judge, upon the motion of a party	250
or ~~his~~the judge's own motion, may appoint a special master	251
commissioner in any matter pending before ~~such~~the judge. ~~Such~~The	252
commissioner shall be an attorney at law, and shall be sworn	253
faithfully to discharge ~~his~~the commissioner's duties. When	254
requested by the probate judge, ~~such~~the commissioner shall	255
execute a bond to the state in ~~such~~the sum asthat the court	256
directs, with surety approved by the court, and conditioned that	257
~~such~~the commissioner ~~will~~shall faithfully discharge ~~his~~the	258
commissioner's duties and pay over all money received by ~~him~~the	259
commissioner in that capacity. ~~Such~~The bond shall be for the	260
benefit of anyone aggrieved and shall be filed in the probate	261
court.	262

~~Such~~The commissioner shall take the testimony and report	263
~~such~~the testimony to the court with ~~his~~the commissioner's	264
conclusions on the law and the facts involved ~~therein, which~~. The	265
report may be excepted to by the parties, and confirmed, modified,	266
or set aside by the court.	267

Sec. 2101.07. A special master commissioner of the probate	268
court may administer all oaths required in the discharge of ~~his~~	269
the commissioner's duties, may summon and enforce the attendance	270
of witnesses, may compel the production of books and papers, and	271
may grant adjournments the same as the court, and, when the court	272
directs, ~~such~~the commissioner shall require the witnesses	273
severally to subscribe ~~their~~the witnesses' testimony.	274

All process and orders issued by ~~such~~the commissioner, shall	275
be directed to the sheriff ~~and~~, shall be served, and return	276
~~thereof~~of the process and orders shall be made, as if issued by	277
the probate judge.	278

The court shall allow ~~such~~the commissioner ~~such~~those fees	279
asthat are allowed to other officers for similar services, ~~which~~	280
and the court shall tax those fees ~~shall be taxed~~ with the costs.	281

Sec. 2101.08. The probate judge may appoint ~~a stenographic~~	282
~~reporter~~court reporters and fix ~~his~~their compensation in the	283
manner provided for the court of common pleas in sections 2301.18	284
to 2301.26~~, inclusive,~~ of the Revised Code.	285

Sec. 2101.09. When required by the probate judge, sheriffs,	286
coroners, and constables shall attend ~~his~~the judge's court and	287
shall serve and return process directed and delivered to them by	288
~~such~~the judge. No ~~such~~ officer of that type shall neglect or	289
refuse to serve and return ~~such~~any process as required by this	290
section. If ~~such~~an officer does neglect or refuse to serve and	291
return ~~such~~ process as required by this section, the judge shall	292
issue a summons specifying the cause for amercement, directed to	293
the officer~~, therein~~ named in the summons, commanding ~~him~~the	294
named officer to summon the officer guilty of ~~such~~the misconduct	295
to appear within two days after the service of summons and show	296
cause why hethe latter officer should not be amerced. In addition	297
to a fine, as provided by section 2101.99 of the Revised Code,	298
that is to be paid into the county treasury, ~~such~~the officer and	299
~~his~~the officer's sureties shall be liable upon ~~his~~the officer's	300
official bond for damages sustained by any person by reason of	301
~~such~~the officer's misconduct.	302

Sec. 2101.10. No sheriff, coroner, or constable shall refuse	303
to pay moneys, collected by ~~him,~~that officer to the probate judge	304
or other person, when so directed by the judge. For refusal to pay	305
over moneys collected, ~~such~~the officer shall be summoned as	306
provided in section 2101.09 of the Revised Code and amerced for	307
the use of the parties interested, in the amount required to be	308
collected by ~~such~~the process, with ten per cent ~~thereon~~on the	309
amount to be collected. The judge may enforce the collection of	310
~~such~~the amercement by execution or other process, by imprisonment	311
as for contempt of court, or both. The delinquent officer and ~~his~~	312
the officer's sureties shall also be liable on ~~his~~the officer's	313
official bond for the amount of the amercement at the suit of the	314
person interested.	315

Sec. 2101.11. (A)(1) The probate judge shall have the care	316
and custody of the files, papers, books, and records belonging to	317
the probate court. The probate judge is authorized to perform the	318
duties of clerk of the judge's court. The probate judge may	319
appoint deputy clerks, ~~stenographers~~court reporters, a bailiff,	320
and any other necessary employees, each of whom shall take an oath	321
of office before entering upon the duties of the employee's	322
appointment and, when so qualified, may perform the duties	323
appertaining to the office of clerk of the court.	324

(2)(a) The probate judge shall provide for one or more	325
probate court investigators to perform the duties that are	326
established for a probate court investigator by the Revised Code	327
or the probate judge. The probate judge may provide for an	328
investigator in any of the following manners, as the court	329
determines is appropriate:	330

(i) By appointing a person as a full-time or part-time	331
employee of the probate court to serve as investigator, or by	332
designating a current full-time or part-time employee of the	333
probate court to serve as investigator;	334

(ii) By contracting with a person to serve and be compensated	335
as investigator only when needed by the probate court, as	336
determined by the court, and by designating that person as a	337
probate court investigator during the times when the person is	338
performing the duties of an investigator for the court;	339

(iii) By entering into an agreement with another department	340
or agency of the county, including, but not limited to, the	341
sheriff's department or the county department of job and family	342
services, pursuant to which an employee of the other department or	343
agency will serve and perform the duties of investigator for the	344
court, upon request of the probate judge, and designating that	345
employee as a probate court investigator during the times when the	346
person is performing the duties of an investigator for the court.	347

(b) Each person appointed or otherwise designated as a	348
probate court investigator shall take an oath of office before	349
entering upon the duties of the person's appointment. When so	350
qualified, an investigator may perform the duties that are	351
established for a probate court investigator by the Revised Code	352
or the probate judge.	353

(c) Except as otherwise provided in this division, a probate	354
court investigator shall hold at least a bachelor's degree in	355
social work, psychology, education, special education, or a	356
related human services field. A probate judge may waive the	357
education requirement of this division for a person the judge	358
appoints or otherwise designates as a probate court investigator	359
if the judge determines that the person has experience in family	360
services work that is equivalent to the required education.	361

(d) Within one year after appointment or designation, a	362
probate court investigator shall attend an orientation course of	363
at least six hours, and each calendar year after the calendar year	364
of appointment or designation, a probate court investigator shall	365
satisfactorily complete at least six hours of continuing	366
education.	367

(e) For purposes of divisions (A)(4), (B), and (C) of this	368
section, a person designated as a probate court investigator under	369
division (A)(2)(a)(ii) or (iii) of this section shall be	370
considered an appointee of the probate court at any time that the	371
person is performing the duties established under the Revised Code	372
or by the probate judge for a probate court investigator.	373

(3)(a) The probate judge may provide for one or more persons	374
to perform the duties of an assessor under sections 3107.031,	375
3107.032, 3107.082, 3107.09, 3107.101, and 3107.12 of the Revised	376
Code or may enter into agreements with public children services	377
agencies, private child placing agencies, or private noncustodial	378
agencies under which the agency provides for one or more persons	379
to perform the duties of an assessor. A probate judge who provides	380
for an assessor shall do so in either of the following manners, as	381
the judge considers appropriate:	382

(i) By appointing a person as a full-time or part-time	383
employee of the probate court to serve as assessor, or by	384
designating a current full-time or part-time employee of the	385
probate court to serve as assessor;	386

(ii) By contracting with a person to serve and be compensated	387
as assessor only when needed by the probate court, as determined	388
by the court, and by designating that person as an assessor during	389
the times when the person is performing the duties of an assessor	390
for the court.	391

(b) Each person appointed or designated as a probate court	392
assessor shall take an oath of office before entering on the	393
duties of the person's appointment.	394

(c) A probate court assessor must meet the qualifications for	395
an assessor established by section 3107.014 of the Revised Code.	396

(d) A probate court assessor shall perform additional duties,	397
including duties of an investigator under division (A)(2) of this	398
section, when the probate judge assigns additional duties to the	399
assessor.	400

(e) For purposes of divisions (A)(4), (B), and (C) of this	401
section, a person designated as a probate court assessor shall be	402
considered an appointee of the probate court at any time that the	403
person is performing assessor duties.	404

(4) Each appointee of the probate judge may administer oaths	405
in all cases when necessary, in the discharge of official duties.	406

(B)(1)(a) Subject to the appropriation made by the board of	407
county commissioners pursuant to this division, each appointee of	408
a probate judge under division (A) of this section shall receive	409
such compensation and expenses as the judge determines and shall	410
serve during the pleasure of the judge. The compensation of each	411
appointee shall be paid in semimonthly installments by the county	412
treasurer from the county treasury, upon the warrants of the	413
county auditor, certified to by the judge.	414

(b) Except as otherwise provided in the Revised Code, the	415
total compensation paid to all appointees of the probate judge in	416
any calendar year shall not exceed the total fees earned by the	417
probate court during the preceding calendar year, unless the board	418
of county commissioners approves otherwise.	419

(2) The probate judge annually shall submit a written request	420
for an appropriation to the board of county commissioners that	421
shall set forth estimated administrative expenses of the court,	422
including the salaries of appointees as determined by the judge	423
and any other costs, fees, and expenses, including, but not	424
limited to, those enumerated in section 5123.96 of the Revised	425
Code, that the judge considers reasonably necessary for the	426
operation of the court. The board shall conduct a public hearing	427
with respect to the written request submitted by the judge and	428
shall appropriate such sum of money each year as it determines,	429
after conducting the public hearing and considering the written	430
request of the judge, is reasonably necessary to meet all the	431
administrative expenses of the court, including the salaries of	432
appointees as determined by the judge and any other costs, fees,	433
and expenses, including, but not limited to, the costs, fees, and	434
expenses enumerated in section 5123.96 of the Revised Code.	435

If the judge considers the appropriation made by the board	436
pursuant to this division insufficient to meet all the	437
administrative expenses of the court, the judge shall commence an	438
action under Chapter 2731. of the Revised Code in the court of	439
appeals for the judicial district for a determination of the duty	440
of the board of county commissioners to appropriate the amount of	441
money in dispute. The court of appeals shall give priority to the	442
action filed by the probate judge over all cases pending on its	443
docket. The burden shall be on the probate judge to prove that the	444
appropriation requested is reasonably necessary to meet all	445
administrative expenses of the court. If, prior to the filing of	446
an action under Chapter 2731. of the Revised Code or during the	447
pendency of the action, the judge exercises the judge's contempt	448
power in order to obtain the sum of money in dispute, the judge	449
shall not order the imprisonment of any member of the board of	450
county commissioners notwithstanding sections 2705.02 to 2705.06	451
of the Revised Code.	452

(C) The probate judge may require any of the judge's	453
appointees to give bond in the sum of not less than one thousand	454
dollars, conditioned for the honest and faithful performance of	455
the appointee's duties. The sureties on the bonds shall be	456
approved in the manner provided in section 2101.03 of the Revised	457
Code.	458

The judge is personally liable for the default, malfeasance,	459
or nonfeasance of any such appointee, but, if a bond is required	460
of the appointee, the liability of the judge is limited to the	461
amount by which the loss resulting from the default, malfeasance,	462
or nonfeasance exceeds the amount of the bond.	463

All bonds required to be given in the probate court, on being	464
accepted and approved by the probate judge, shall be filed in the	465
judge's office.	466

Sec. 2101.13. When a probate judge, whether elected or	467
appointed, enters upon the discharge of ~~his~~the judge's official	468
duties, hethe judge shall make, in the books and other	469
record-keeping materials of ~~his~~the judge's office, the proper	470
records, entries, and indexes omitted by ~~his~~the judge's	471
predecessors in office. When made, the entries shall have the same	472
validity and effect as though they had been made at the proper	473
time and by the officer whose duty it was to make them, and the	474
judge shall sign all entries and records made by ~~him~~the judge as	475
though the entries, proceedings, and records had been commenced,	476
prosecuted, determined, and made by or before ~~him~~the judge.	477

Sec. 2101.15. In each case, examination, or proceeding, the	478
probate judge shall file an itemized account of fees received or	479
charged by ~~him~~the judge. On the first day of January, in each	480
year, hethe judge shall file with the county auditor an account,	481
certified by ~~such~~the judge, of all fees received by ~~him~~the judge	482
during the preceding year. No judge shall fail to perform the	483
duties imposed in this section. At the instance of any person, an	484
~~action shall be instituted and prosecuted by~~ the prosecuting	485
attorney shall institute and prosecute an action against ~~any such~~	486
the defaulting judge.	487

Sec. 2101.16. (A) Except as provided in section 2101.164 of	488
the Revised Code, the fees enumerated in this division shall be	489
charged and collected, if possible, by the probate judge and shall	490
be in full for all services rendered in the respective	491
proceedings:	492

(1)	Account, in addition to advertising charges			493
		$	12.00	494
	Waivers and proof of notice of hearing on account, per page, minimum one dollar			495
		$	1.00	496
(2)	Account of distribution, in addition to advertising charges			497
		$	7.00	498
(3)	Adoption of child, petition for			499
		$	50.00	500
(4)	Alter or cancel contract for sale or purchase of real ~~estate~~ property, ~~petition~~ complaint to			501
		$	20.00	502
(5)	Application and order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section			503
		$	5.00	504
(6)	Appropriation suit, per day, hearing in			505
		$	20.00	506
(7)	Birth, application for registration of			507
		$	7.00	508
(8)	Birth record, application to correct			509
		$	5.00	510
(9)	Bond, application for new or additional			511
		$	5.00	512
(10)	Bond, application for release of surety or reduction of			513
		$	5.00	514
(11)	Bond, receipt for securities deposited in lieu of			515
		$	5.00	516
(12)	Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar			517
		$	1.00	518
(13)	Citation and issuing citation, application for			519
		$	5.00	520
(14)	Change of name, petition for			521
		$	20.00	522
(15)	Claim, application of administrator or executor for allowance of administrator's or executor's own			523
		$	10.00	524
(16)	Claim, application to compromise or settle			525
		$	10.00	526
(17)	Claim, authority to present			527
		$	10.00	528
(18)	Commissioner, appointment of			529
		$	5.00	530
(19)	Compensation for extraordinary services and attorney's fees for fiduciary, application for			531
		$	5.00	532
(20)	Competency, application to procure adjudication of			533
		$	20.00	534
(21)	Complete contract, application to			535
		$	10.00	536
(22)	Concealment of assets, citation for			537
		$	10.00	538
(23)	Construction of will, ~~petition~~ complaint for			539
		$	20.00	540
(24)	Continue decedent's business, application to			541
		$	10.00	542
	Monthly reports of operation			543
		$	5.00	544
(25)	Declaratory judgment, ~~petition~~ complaint for			545
		$	20.00	546
(26)	Deposit of will			547
		$	5.00	548
(27)	Designation of heir			549
		$	20.00	550
(28)	Distribution in kind, application, assent, and order for			551
		$	5.00	552
(29)	Distribution under section 2109.36 of the Revised Code, application for an order of			553
		$	7.00	554
(30)	Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars			555
		$	15.00	556
(31)	Exceptions to any proceeding named in this section, contest of appointment or			557
		$	10.00	558
(32)	Election of surviving partner to purchase assets of partnership, proceedings relating to			559
		$	10.00	560
(33)	Election of surviving spouse under will			561
		$	5.00	562
(34)	Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of			563
		$	35.00	564
(35)	Foreign will, application to record			565
		$	10.00	566
	Record of foreign will, additional, per page			567
		$	1.00	568
(36)	Forms when supplied by the probate court, not to exceed			569
		$	10.00	570
(37)	Heirship, ~~petition~~ complaint to determine			571
		$	20.00	572
(38)	Injunction proceedings			573
		$	20.00	574
(39)	Improve real ~~estate~~ property, petition to			575
		$	20.00	576
(40)	Inventory with appraisement			577
		$	10.00	578
(41)	Inventory without appraisement			579
		$	7.00	580
(42)	Investment or expenditure of funds, application for			581
		$	10.00	582
(43)	Invest in real ~~estate~~ property, application to			583
		$	10.00	584
(44)	Lease for oil, gas, coal, or other mineral, petition to			585
		$	20.00	586
(45)	Lease or lease and improve real ~~estate~~ property, petition to			587
		$	20.00	588
(46)	Marriage license			589
		$	10.00	590
	Certified abstract of each marriage			591
		$	2.00	592
(47)	Minor or mentally ill person, etc., disposal of estate under ten thousand dollars of			593
		$	10.00	594
(48)	Mortgage or mortgage and repair or improve real ~~estate~~ property, ~~petition~~ complaint to			595
		$	20.00	596
(49)	Newly discovered assets, report of			597
		$	7.00	598
(50)	Nonresident executor or administrator to bar creditors' claims, proceedings by			599
		$	20.00	600
(51)	Power of attorney or revocation of power, bonding company			601
		$	10.00	602
(52)	Presumption of death, petition to establish			603
		$	20.00	604
(53)	Probating will			605
		$	15.00	606
	Proof of notice to beneficiaries			607
		$	5.00	608
(54)	Purchase personal property, application of surviving spouse to			609
		$	10.00	610
(55)	Purchase real ~~estate~~ property at appraised value, petition of surviving spouse to			611
		$	20.00	612
(56)	Receipts in addition to advertising charges, application and order to record			613
		$	5.00	614
	Record of those receipts, additional, per page			615
		$	1.00	616
(57)	Record in excess of fifteen hundred words in any proceeding in the probate court, per page			617
		$	1.00	618
(58)	Release of estate by mortgagee or other lienholder			619
		$	5.00	620
(59)	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			621
		$	60.00	622
(60)	Removal of fiduciary, application for			623
		$	10.00	624
(61)	Requalification of executor or administrator			625
		$	10.00	626
(62)	Resignation of fiduciary			627
		$	5.00	628
(63)	Sale bill, public sale of personal property			629
		$	10.00	630
(64)	Sale of personal property and report, application for			631
		$	10.00	632
(65)	Sale of real ~~estate~~ property, petition for			633
		$	25.00	634
(66)	Terminate guardianship, petition to			635
		$	10.00	636
(67)	Transfer of real ~~estate~~ property, application, entry, and certificate for			637
		$	7.00	638
(68)	Unclaimed money, application to invest			639
		$	7.00	640
(69)	Vacate approval of account or order of distribution, motion to			641
		$	10.00	642
(70)	Writ of execution			643
		$	5.00	644
(71)	Writ of possession			645
		$	5.00	646
(72)	Wrongful death, application and settlement of claim for			647
		$	20.00	648
(73)	Year's allowance, petition to review			649
		$	7.00	650
(74)	Guardian's report, filing and review of			651
		$	5.00	652

(B)(1) In relation to an application for the appointment of a	653
guardian or the review of a report of a guardian under section	654
2111.49 of the Revised Code, the probate court, pursuant to court	655
order or in accordance with a court rule, may direct that the	656
applicant or the estate pay any or all of the expenses of an	657
investigation conducted pursuant to section 2111.041 or division	658
(A)(2) of section 2111.49 of the Revised Code. If the	659
investigation is conducted by a public employee or investigator	660
who is paid by the county, the fees for the investigation shall be	661
paid into the county treasury. If the court finds that an alleged	662
incompetent or a ward is indigent, the court may waive the costs,	663
fees, and expenses of an investigation.	664

(2) In relation to the appointment or functioning of a	665
guardian for a minor or the guardianship of a minor, the probate	666
court may direct that the applicant or the estate pay any or all	667
of the expenses of an investigation conducted pursuant to section	668
2111.042 of the Revised Code. If the investigation is conducted by	669
a public employee or investigator who is paid by the county, the	670
fees for the investigation shall be paid into the county treasury.	671
If the court finds that the guardian or applicant is indigent, the	672
court may waive the costs, fees, and expenses of an investigation.	673

(C) Thirty dollars of the thirty-five-dollar fee collected	674
pursuant to division (A)(34) of this section and twenty dollars of	675
the sixty-dollar fee collected pursuant to division (A)(59) of	676
this section shall be deposited by the county treasurer in the	677
indigent guardianship fund created pursuant to section 2111.51 of	678
the Revised Code.	679

(D) The fees of witnesses, jurors, sheriffs, coroners, and	680
constables for services rendered in the probate court or by order	681
of the probate judge shall be the same as provided for ~~like~~	682
similar services in the court of common pleas.	683

(E) The probate court, by rule, may require an advance	684
deposit for costs, not to exceed one hundred twenty-five dollars,	685
at the time application is made for an appointment as executor or	686
administrator or at the time a will is presented for probate.	687

(F) The probate court, by rule, shall establish a reasonable	688
fee, not to exceed fifty dollars, for the filing of a petition for	689
the release of information regarding an adopted person's name by	690
birth and the identity of the adopted person's biological parents	691
and biological siblings pursuant to section 3107.41 of the Revised	692
Code, all proceedings relative to the petition, the entry of an	693
order relative to the petition, and all services required to be	694
performed in connection with the petition. The probate court may	695
use a reasonable portion of a fee charged under authority of this	696
division to reimburse any agency, as defined in section 3107.39 of	697
the Revised Code, for any services it renders in performing a task	698
described in section 3107.41 of the Revised Code relative to or in	699
connection with the petition for which the fee was charged.	700

(G)(1) Thirty dollars of the fifty-dollar fee collected	701
pursuant to division (A)(3) of this section shall be deposited	702
into the "putative father registry fund," which is hereby created	703
in the state treasury. The department of job and family services	704
shall use the money in the fund to fund the department's costs of	705
performing its duties related to the putative father registry	706
established under section 3107.062 of the Revised Code.	707

(2) If the department determines that money in the putative	708
father registry fund is more than is needed for its duties related	709
to the putative father registry, the department may use the	710
surplus moneys in the fund as permitted in division (C) of section	711
2151.3529, division (B) of section 2151.3530, or section 5103.155	712
of the Revised Code.	713

Sec. 2101.162. (A)(1) The probate judge may determine that,	714
for the efficient operation of the probate court, additional funds	715
are required to computerize the court, make available computerized	716
legal research services, or to do both. Upon making a	717
determination that additional funds are required for either or	718
both of those purposes, the probate judge shall charge a fee not	719
to exceed three dollars or authorize and direct a deputy clerk of	720
~~his~~the probate court to charge a fee not to exceed three dollars,	721
in addition to the fees specified in divisions (A)(1), (3), (4),	722
(6), (14) to (17), (20) to (25), (27), (30) to (32), (34), (35),	723
(37) to (48), (50) to (55), (59) to (61), (63) to (66), (69), and	724
(72) of section 2101.16 of the Revised Code, the fee adopted	725
pursuant to division (F) of that section, and the fee charged in	726
connection with the docketing and indexing of an appeal.	727

(2) All moneys collected under division (A)(1) of this	728
section shall be paid to the county treasurer. The treasurer shall	729
place the moneys from the fees in a separate fund to be disbursed,	730
upon an order of the probate judge, in an amount no greater than	731
the actual cost to the court of procuring and maintaining	732
computerization of the court, computerized legal research	733
services, or both.	734

(3) If the court determines that the funds in the fund	735
described in division (A)(2) of this section are more than	736
sufficient to satisfy the purpose for which the additional fee	737
described in division (A)(1) of this section was imposed, the	738
court may declare a surplus in the fund and expend those surplus	739
funds for other appropriate technological expenses of the court.	740

(B)(1) The probate judge may determine that, for the	741
efficient operation of ~~his~~the probate court, additional funds are	742
required to computerize the office of the clerk of the court and,	743
upon that determination, may charge a fee, not to exceed ten	744
dollars, or authorize and direct a deputy clerk of the probate	745
court to charge a fee, not to exceed ten dollars, in addition to	746
the fees specified in divisions (A)(1), (3), (4), (6), (14) to	747
(17), (20) to (25), (27), (30) to (32), (34), (35), (37) to (48),	748
(50) to (55), (59) to (61), (63) to (66), (69), and (72) of	749
section 2101.16 of the Revised Code, the fee adopted pursuant to	750
division (F) of that section, and the fee charged in connection	751
with the docketing and indexing of an appeal. Subject to division	752
(B)(2) of this section, all moneys collected under this division	753
shall be paid to the county treasurer to be disbursed, upon an	754
order of the probate judge and subject to appropriation by the	755
board of county commissioners, in an amount no greater than the	756
actual cost to the probate court of procuring and maintaining	757
computer systems for the office of the clerk of the court.	758

(2) If the probate judge makes the determination described in	759
division (B)(1) of this section, the board of county commissioners	760
may issue one or more general obligation bonds for the purpose of	761
procuring and maintaining the computer systems for the office of	762
the clerk of the probate court. In addition to the purposes stated	763
in division (B)(1) of this section for which the moneys collected	764
under that division may be expended, the moneys additionally may	765
be expended to pay debt charges on and financing costs related to	766
any general obligation bonds issued pursuant to this division as	767
they become due. General obligation bonds issued pursuant to this	768
division are Chapter 133. securities.	769

Sec. 2101.19. (A) No probate judge or ~~his~~probate judge's	770
deputy clerk shall sell or offer for sale for more than one dollar	771
any merchandise to be used in connection with any license, order,	772
or document issued by the probate court, or make any charge in	773
connection with the issuance of any license, order, or document	774
except that specifically provided by law.	775

(B) All moneys obtained from the sale of merchandise to be	776
used in connection with any license, order, or document issued by	777
a probate court shall be paid by the probate judge or the deputy	778
clerk of the court into the county treasury. The moneys shall be	779
credited to a fund to be known as the probate court conduct of	780
business fund. The moneys so credited shall be used solely for the	781
conduct of the business of the probate court.	782

(C) Upon receipt of an order of the probate judge for the	783
payment of moneys from the fund for the conduct of the business of	784
the court, the county auditor shall draw a warrant on the county	785
treasurer for the amount of money specified in the order, but not	786
exceeding the balance of the moneys in the fund, which warrant	787
shall be made payable to the probate judge or another person	788
designated in the order.	789

Sec. 2101.20. When the aggregate amount of fees and	790
allowances collected by the probate judge in any calendar year	791
exceeds by more than ten per cent the amount necessary to pay the	792
salaries of ~~said~~the judge and the employees of the probate court,	793
including court constables, for the same calendar year, ~~such~~the	794
judge may, by an order entered on ~~his~~the judge's journal, provide	795
for a discount of all the fees and allowances hethe judge is	796
required to charge and collect for the use of the county by fixing	797
a per cent of discount ~~which~~that shall be applied to all the	798
earnings of ~~said~~the office for the ensuing year and shall	799
constitute the legal fees of ~~said~~the office for ~~said~~that year.	800

Sec. 2101.22. The probate judge shall issue any process,	801
notices, commissions, rules, and orders that are necessary to	802
carry into effect the powers granted to ~~him~~the judge.	803

Sec. 2101.23. The probate judge may keep order in ~~his~~the	804
judge's court and has authority throughout the state to compel	805
performance of any duty incumbent upon any fiduciary appointed by	806
or accounting to ~~him~~the judge. The probate judge may punish any	807
contempt of ~~his~~the judge's authority as ~~such~~that contempt might	808
be punished in the court of common pleas.	809

If a person neglects or refuses to perform an order or	810
judgment of a probate court, other than for the payment of money,	811
~~he shall be~~the person is guilty of a contempt of court, and the	812
judge shall issue a summons directing ~~such~~the person to appear	813
before the court, within two days from the service ~~thereof,~~of the	814
summons and show cause why hethe person should not be punished	815
for contempt. If it appears to the judge that ~~such~~the person is	816
~~secreting himself~~attempting to avoid the process of the court, or	817
is about to leave the county for that purpose, the judge may issue	818
an attachment instead of the summons, commanding the officer, to	819
whom it is directed, to bring ~~such~~the person before ~~such~~the	820
judge to answer for contempt. If no sufficient excuse is shown,	821
~~such~~the person shall be punished for contempt.	822

Sec. 2101.24. (A)(1) Except as otherwise provided by law,	823
the probate court has exclusive jurisdiction:	824

(a) To take the proof of wills and to admit to record	825
authenticated copies of wills executed, proved, and allowed in the	826
courts of any other state, territory, or country. If the probate	827
judge is unavoidably absent, any judge of the court of common	828
pleas may take proof of wills and approve bonds to be given, but	829
the record of these acts shall be preserved in the usual records	830
of the probate court.	831

(b) To grant and revoke letters testamentary and of	832
administration;	833

(c) To direct and control the conduct and settle the accounts	834
of executors and administrators and order the distribution of	835
estates;	836

(d) To appoint the attorney general to serve as the	837
administrator of an estate pursuant to section 2113.06 of the	838
Revised Code;	839

(e) To appoint and remove guardians, conservators, and	840
testamentary trustees, direct and control their conduct, and	841
settle their accounts;	842

(f) To grant marriage licenses;

843

(g) To make inquests respecting persons who are so mentally	844
impaired as a result of a mental or physical illness or	845
disability, or mental retardation, or as a result of chronic	846
substance abuse, that they are unable to manage their property and	847
affairs effectively, subject to guardianship;	848

(h) To qualify assignees, appoint and qualify trustees and	849
commissioners of insolvents, control their conduct, and settle	850
their accounts;	851

(i) To authorize the sale of lands, equitable estates, or	852
interests in lands or equitable estates, and the assignments of	853
inchoate dower in such cases of sale, on petition by executors,	854
administrators, and guardians;	855

(j) To authorize the completion of real ~~estate~~property	856
contracts on petition of executors and administrators;	857

(k) To construe wills;

858

(l) To render declaratory judgments, including, but not	859
limited to, those rendered pursuant to section 2107.084 of the	860
Revised Code;	861

(m) To direct and control the conduct of fiduciaries and	862
settle their accounts;	863

(n) To authorize the sale or lease of any estate created by	864
will if the estate is held in trust, on petition by the trustee;	865

(o) To terminate a testamentary trust in any case in which a	866
court of equity may do so;	867

(p) To hear and determine actions to contest the validity of	868
wills;	869

(q) To make a determination of the presumption of death of	870
missing persons and to adjudicate the property rights and	871
obligations of all parties affected by the presumption;	872

(r) To hear and determine an action commenced pursuant to	873
section 3107.41 of the Revised Code to obtain the release of	874
information pertaining to the birth name of the adopted person and	875
the identity of the adopted person's biological parents and	876
biological siblings;	877

(s) To act for and issue orders regarding wards pursuant to	878
section 2111.50 of the Revised Code;	879

(t) To hear and determine actions against sureties on the	880
bonds of fiduciaries appointed by the probate court;	881

(u) To hear and determine actions involving informed consent	882
for medication of persons hospitalized pursuant to section	883
5122.141 or 5122.15 of the Revised Code;	884

(v) To hear and determine actions relating to durable powers	885
of attorney for health care as described in division (D) of	886
section 1337.16 of the Revised Code;	887

(w) To hear and determine actions commenced by objecting	888
individuals, in accordance with section 2133.05 of the Revised	889
Code;	890

(x) To hear and determine complaints that pertain to the use	891
or continuation, or the withholding or withdrawal, of	892
life-sustaining treatment in connection with certain patients	893
allegedly in a terminal condition or in a permanently unconscious	894
state pursuant to division (E) of section 2133.08 of the Revised	895
Code, in accordance with that division;	896

(y) To hear and determine applications that pertain to the	897
withholding or withdrawal of nutrition and hydration from certain	898
patients allegedly in a permanently unconscious state pursuant to	899
section 2133.09 of the Revised Code, in accordance with that	900
section;	901

(z) To hear and determine applications of attending	902
physicians in accordance with division (B) of section 2133.15 of	903
the Revised Code;	904

(aa) To hear and determine actions relative to the use or	905
continuation of comfort care in connection with certain principals	906
under durable powers of attorney for health care, declarants under	907
declarations, or patients in accordance with division (E) of	908
either section 1337.16 or 2133.12 of the Revised Code;	909

(bb) To hear and determine applications for an order	910
relieving an estate from administration under section 2113.03 of	911
the Revised Code;	912

(cc) To hear and determine applications for an order granting	913
a summary release from administration under section 2113.031 of	914
the Revised Code;	915

(dd) To hear and determine actions relating to the exercise	916
of the right of disposition, in accordance with section 2108.90 of	917
the Revised Code;	918

(ee) To hear and determine actions relating to the	919
disinterment and reinterment of human remains under section 517.23	920
of the Revised Code.	921

(2) In addition to the exclusive jurisdiction conferred upon	922
the probate court by division (A)(1) of this section, the probate	923
court shall have exclusive jurisdiction over a particular subject	924
matter if both of the following apply:	925

(a) Another section of the Revised Code expressly confers	926
jurisdiction over that subject matter upon the probate court.	927

(b) No section of the Revised Code expressly confers	928
jurisdiction over that subject matter upon any other court or	929
agency.	930

(B)(1) The probate court has concurrent jurisdiction with,	931
and the same powers at law and in equity as, the general division	932
of the court of common pleas to issue writs and orders, and to	933
hear and determine actions as follows:	934

(a) If jurisdiction relative to a particular subject matter	935
is stated to be concurrent in a section of the Revised Code or has	936
been construed by judicial decision to be concurrent, any action	937
that involves that subject matter;	938

(b) Any action that involves an inter vivos trust; a trust	939
created pursuant to section 5815.28 of the Revised Code; a	940
charitable trust or foundation; subject to divisions (A)(1)(u) and	941
(z) of this section, a power of attorney, including, but not	942
limited to, a durable power of attorney; the medical treatment of	943
a competent adult; or a writ of habeas corpus.	944

(2) Any action that involves a concurrent jurisdiction	945
subject matter and that is before the probate court may be	946
transferred by the probate court, on its order, to the general	947
division of the court of common pleas.	948

(C) The probate court has plenary power at law and in equity	949
to dispose fully of any matter that is properly before the court,	950
unless the power is expressly otherwise limited or denied by a	951
section of the Revised Code.	952

(D) The jurisdiction acquired by a probate court over a	953
matter or proceeding is exclusive of that of any other probate	954
court, except when otherwise provided by law.	955

Sec. 2101.27. (A) A probate judge has jurisdiction and	956
authority to solemnize marriages within the county and may charge	957
a fee for providing the service in accordance with division (B) of	958
this section. The fee charged is subject to disposition in	959
accordance with division (C) of this section.	960

(B)(1) If a probate judge intends to charge a fee for	961
solemnizing any marriage in accordance with division (A) of this	962
section, prior to doing so, the probate judge, by rule, shall	963
establish a reasonable fee for providing the service.	964

(2) Division (B)(1) of this section does not do either of the	965
following:	966

(a) Require a probate judge who, by rule, has established a	967
reasonable fee for solemnizing marriages to charge that fee for	968
every marriage that hethe probate judge solemnizes;	969

(b) Affect specific fees to which the probate judge is	970
entitled under section 2101.16 or any other section of the Revised	971
Code for issuing marriage licenses, recording returns of	972
solemnized marriages, providing certified abstracts of marriages,	973
or performing any other task related to a marriage other than its	974
solemnization.	975

(C) If, in accordance with division (B) of this section, a	976
reasonable fee is charged by a probate judge for solemnizing any	977
marriage, the probate judge shall not retain any portion of that	978
fee and instead shall pay the entire fee into the county treasury.	979
The county treasurer shall credit the fee to the general fund of	980
the county.	981

Sec. 2101.30. Whenever a jury is required in the probate	982
court, the probate judge shall ~~forthwith~~ notify the commissioners	983
of jurors, who shall cause to be drawn from the jury wheel, or to	984
be drawn by use of the automation data processing equipment and	985
procedures described in section 2313.07 of the Revised Code, the	986
names of sixteen persons as ~~jurymen~~jurypersons. Additional names	987
may be drawn if required. The clerk of the court of common pleas	988
or one of ~~his~~the clerk's deputies shall make a list of ~~such~~those	989
names in the order drawn and certify itthe list to the probate	990
court, and ~~such~~the court shall issue a venire commanding the	991
persons whose names were drawn to appear on the day and at the	992
hour set for trial. The probate court shall deliver the venire to	993
the sheriff, who shall serve it within five days ~~thereafter~~of	994
delivery and make prompt return of ~~such~~the service.	995

Sec. 2101.34. If the judges of the court of common pleas are	996
absent from the county or are under a disability, the probate	997
judge of the county may enter judgments by confession in cases	998
pending in the court of common pleas of ~~his~~the judge's county.	999

Sec. 2101.38. Letters testamentary, of administration, or of	1000
guardianship shall not be issued to a person after ~~his~~the	1001
person's election to the office of probate judge and before the	1002
expiration of ~~his~~the person's term. If a probate judge is	1003
interested, as heir, legatee, devisee, or other manner in an	1004
estate ~~which~~that would otherwise be settled in the probate court	1005
of the county where hethe judge resides, ~~such~~the estate, and all	1006
of the accounts of guardians in which the judge is interested,	1007
shall be settled by the court of common pleas of the county. In	1008
~~such~~those matters and cases in which the judge is interested, the	1009
judge shall certify the original papers ~~shall be by him forthwith~~	1010
~~certified~~ to the court of common pleas. In other matters and	1011
proceedings in a probate court in which the judge ~~thereof~~of the	1012
probate court is interested or in which hethe judge is required	1013
to be a witness to a will, ~~such~~the judge shall, upon the motion	1014
of a party interested in the proceedings, or upon ~~his~~the judge's	1015
own motion, certify the matters and proceedings to the court of	1016
common pleas and ~~forthwith~~ file with the clerk of the court of	1017
common pleas all original papers connected ~~therewith~~with those	1018
matters and proceedings.	1019

When a matter or proceeding is so certified, a judge of the	1020
court of common pleas~~, at chambers, by a judge thereof, or in open~~	1021
~~court~~ shall hear and determine itthe matter or proceeding in	1022
chambers or in open court as though ~~such~~the court had original	1023
jurisdiction of the subject matter. Upon final decision of the	1024
questions involved in ~~such~~the matter or proceedings, the final	1025
settlement of the estate in which the judge is interested as	1026
executor, administrator, or guardian, or when ~~his~~the judge's	1027
interest ~~therein~~in the estate ceases, the clerk shall deliver the	1028
original papers to the probate court ~~from which they came~~in which	1029
the original papers were filed and make and file ~~therein~~in that	1030
court an authenticated transcript of the orders, judgments, and	1031
proceedings of the court of common pleas. ~~Thereupon the~~The	1032
probate judge shall record ~~such~~the orders, judgments, and	1033
proceedings in the proper records.	1034

Sec. 2101.41. No probate judge shall practice law, be	1035
associated with another as partner in the practice of law in a	1036
court or tribunal of this state, prepare a complaint or answer,	1037
make out an account required for the settlement of an estate	1038
committed to the care or management of another, or appear as	1039
attorney before a court or judicial tribunal. Whoever violates	1040
this section shall forfeit ~~his~~the office of probate judge.	1041

The deputy clerk of a probate court may engage in the	1042
practice of law if ~~his~~the deputy's practice is not related in any	1043
way to probate law or practice. The deputy may engage in the	1044
practice of law only with the continued consent and approval of	1045
all of the judges of the probate court.	1046

A ~~referee~~magistrate appointed solely to conduct hearings	1047
under Chapters 5122. and 5123. of the Revised Code may engage in	1048
the practice of law, including probate law, except that hethe	1049
magistrate shall not practice law under ~~these~~those chapters other	1050
than as a ~~referee~~magistrate and shall not knowingly accept any	1051
business arising out of or otherwise connected with a proceeding	1052
in which hethe magistrate served as a ~~referee~~magistrate under	1053
~~these~~those chapters.	1054

The prosecuting attorney shall file ~~his~~the prosecuting	1055
attorney's information against a judge or deputy clerk who	1056
practices law in violation of this section in the court of common	1057
pleas, and proceed as upon indictment.	1058

This section does not prevent a probate judge or deputy clerk	1059
from finishing business commenced by ~~him~~the judge or deputy clerk	1060
prior to ~~his~~the judge's or clerk's election or appointment,	1061
provided it is not connected with ~~his~~the official ~~duty~~duties of	1062
the judge or clerk.	1063

Sec. 2101.43. Whenever ten per cent of the number of	1064
electors voting for governor at the most recent election in any	1065
county having less than sixty thousand population, as determined	1066
by the most recent federal census, petition a judge of the court	1067
of common pleas of ~~such~~the county, not less than seventy-five	1068
days before any general election for county officers, for the	1069
submission to the electors of ~~such~~the county the question of	1070
combining the probate court with the court of common pleas, ~~such~~	1071
the judge shall place upon the journal of ~~said~~the court an order	1072
requiring the sheriff to make a proclamation that at the next	1073
general election there will be submitted to the electors the	1074
question of combining the probate court with the court of common	1075
pleas. The clerk of the court of common pleas shall~~, thereupon,~~	1076
make and deliver a certified copy of ~~such~~the order to the	1077
sheriff, and the sheriff shall include notice of the submission of	1078
~~such~~the question in ~~his~~the sheriff's proclamation of election	1079
for the next general election.	1080

Each elector joining in a petition for the submission of ~~said~~	1081
the question of combining the probate court with the court of	1082
common pleas shall sign ~~such~~the petition in the elector's own	1083
handwriting, unless the elector cannot write and the elector's	1084
signature is made by mark, and shall ~~add thereto~~include in the	1085
petition the township, precinct, or ward of which the elector is a	1086
resident. ~~Such~~The petition may consist of as many parts as are	1087
convenient. One of the signers to each separate paper shall swear	1088
before ~~some~~an officer who is qualified to administer the oath	1089
that the petition is bona fide to the best of the signer's	1090
knowledge and belief. ~~Such~~The oath shall be a part of or attached	1091
to ~~such~~the paper. The judge upon receipt of ~~such~~the petition	1092
shall deposit it with the clerk of the court of common pleas.	1093

No signature shall be taken from or added to ~~such~~the	1094
petition after it has been filed with the judge. When deposited	1095
~~such~~the petition shall be preserved and open to public	1096
inspection, and, if it is in conformity with this section, it	1097
shall be valid, unless an objection ~~thereto~~to the petition is	1098
made in writing by an elector of the county within five days after	1099
the filing ~~thereof~~of the petition. ~~Such~~The objections, or any	1100
other questions arising in the course of the submission of the	1101
question of combining ~~said courts~~the probate court with the court	1102
of common pleas, shall be considered and determined by the judge,	1103
and ~~his~~the judge's decision shall be final.	1104

Sec. 2103.01. InAs used in sections 2103.01 to 2103.09,	1105
~~inclusive,~~ of the Revised Code, unless the context shows that	1106
another sense ~~was~~is intended, "property" includes ~~lands,~~	1107
~~tenements, hereditaments~~real property, money, ~~chattels,~~ choses in	1108
action, ~~and~~ evidences of debt, and other personal property.	1109

Sec. 2105.051. When a person dies, property that hethe	1110
person gave during ~~his~~the person's lifetime to an heir shall be	1111
treated as an advancement against the heir's share of the estate	1112
only if declared in a contemporaneous writing by the decedent, or	1113
acknowledged in writing by the heir to be an advancement. For this	1114
purpose, property advanced is valued as of the time the heir came	1115
into possession or enjoyment of the property, or as of the time of	1116
death of the decedent, whichever occurs first. If the heir does	1117
not survive the decedent, the property shall not be taken into	1118
account in computing the intestate share to be received by the	1119
heir's issue, unless the declaration or acknowledgment provides	1120
otherwise.	1121

Sec. 2105.06. When a person dies intestate having title or	1122
right to any personal property, or to any real ~~estate~~property or	1123
inheritance, in this state, the personal property shall be	1124
distributed, and the real ~~estate~~property or inheritance shall	1125
descend and pass in parcenary, except as otherwise provided by	1126
law, in the following course:	1127

(A) If there is no surviving spouse, to the children of the	1128
intestate or their lineal descendants, per stirpes;	1129

(B) If there is a spouse and one or more children of the	1130
decedent or their lineal descendants surviving, and all of the	1131
decedent's children who survive or have lineal descendants	1132
surviving also are children of the surviving spouse, then the	1133
whole to the surviving spouse;	1134

(C) If there is a spouse and one child of the decedent or the	1135
child's lineal descendants surviving and the surviving spouse is	1136
not the natural or adoptive parent of the decedent's child, the	1137
first twenty thousand dollars plus one-half of the balance of the	1138
intestate estate to the spouse and the remainder to the child or	1139
the child's lineal descendants, per stirpes;	1140

(D) If there is a spouse and more than one child or their	1141
lineal descendants surviving, the first sixty thousand dollars if	1142
the spouse is the natural or adoptive parent of one, but not all,	1143
of the children, or the first twenty thousand dollars if the	1144
spouse is the natural or adoptive parent of none of the children,	1145
plus one-third of the balance of the intestate estate to the	1146
spouse and the remainder to the children equally, or to the lineal	1147
descendants of any deceased child, per stirpes;	1148

(E) If there are no children or their lineal descendants,	1149
then the whole to the surviving spouse;	1150

(F) If there is no spouse and no children or their lineal	1151
descendants, to the parents of the intestate equally, or to the	1152
surviving parent;	1153

(G) If there is no spouse, no children or their lineal	1154
descendants, and no parent surviving, to the brothers and sisters,	1155
whether of the whole or of the half blood of the intestate, or	1156
their lineal descendants, per stirpes;	1157

(H) If there are no brothers or sisters or their lineal	1158
descendants, one-half to the paternal grandparents of the	1159
intestate equally, or to the survivor of them, and one-half to the	1160
maternal grandparents of the intestate equally, or to the survivor	1161
of them;	1162

(I) If there is no paternal grandparent or no maternal	1163
grandparent, one-half to the lineal descendants of the deceased	1164
grandparents, per stirpes; if there are no such lineal	1165
descendants, then to the surviving grandparents or their lineal	1166
descendants, per stirpes; if there are no surviving grandparents	1167
or their lineal descendants, then to the next of kin of the	1168
intestate, provided there shall be no representation among ~~such~~	1169
the next of kin;	1170

(J) If there are no next of kin, to stepchildren or their	1171
lineal descendants, per stirpes;	1172

(K) If there are no stepchildren or their lineal descendants,	1173
escheat to the state.	1174

Sec. 2105.09. (A) The county auditor, unless hethe auditor	1175
acts pursuant to division (C) of this section, shall take	1176
possession of real property escheated to the state that is located	1177
in ~~his~~the auditor's county and outside the incorporated area of a	1178
city. The auditor shall take possession in the name of the state	1179
and sell the property at public auction, at the county seat of the	1180
county, to the highest bidder, after having given thirty days'	1181
notice of the intended sale in a newspaper published within the	1182
county.	1183

On the application of the auditor, the court of common pleas	1184
shall appoint three disinterested freeholders of the county to	1185
appraise the real property. The freeholders shall be governed by	1186
the same rule as appraisers in sheriffs' or administrators' sales.	1187
The auditor shall sell the property at not less than two thirds of	1188
its appraised value and may sell it for cash, or for one-third	1189
cash and the balance in equal annual payments, the deferred	1190
payments to be amply secured. Upon payment of the whole	1191
consideration, the auditor shall execute a deed to the purchaser,	1192
in the name and on behalf of the state. The proceeds of the sale	1193
shall be paid by the auditor to the county treasurer.	1194

If there is a regularly organized agricultural society within	1195
the county, the treasurer shall pay the greater of six hundred	1196
dollars or five per cent of the proceeds, in any case, to the	1197
society. The excess of the proceeds, or the whole ~~thereof~~proceeds	1198
if there is no regularly organized agricultural society within the	1199
county, shall be distributed as follows:	1200

(1) Twenty-five per cent shall be paid equally to the	1201
townships of the county;	1202

(2) Seventy per cent shall be paid into the state treasury to	1203
the credit of the agro Ohio fund created under section 901.04 of	1204
the Revised Code;	1205

(3) Five per cent shall be credited to the county general	1206
fund for ~~such~~any lawful purposes asthat the board of county	1207
commissioners provides.	1208

(B) The legislative authority of a city within which are	1209
lands escheated to the state, unless it acts pursuant to division	1210
(C) of this section, shall take possession of the lands for the	1211
city, and the title to the lands shall vest in the city. The city	1212
shall use the premises primarily for health, welfare, or	1213
recreational purposes, or may lease them at ~~such~~the prices and	1214
for ~~such~~the purposes asthat it considers proper. With the	1215
approval of the tax commissioner, the city may sell the lands or	1216
any undivided interest in the lands, in the same manner as is	1217
provided in the sale of land not needed for any municipal	1218
purposes; provided, that the net proceeds from the rent or sale of	1219
the premises shall be devoted to health, welfare, or recreational	1220
purposes.	1221

(C) As an alternative to the procedure prescribed in	1222
divisions (A) and (B) of this section, the county auditor, or if	1223
the real property is located within the incorporated area of a	1224
city, the legislative authority of that city by an affirmative	1225
vote of at least a majority of its members, may request the	1226
probate court to direct the administrator or executor of the	1227
estate that contains the escheated property to commence an action	1228
in the probate court for authority to sell the real property in	1229
the manner provided in Chapter 2127. of the Revised Code. The	1230
proceeds from the sale of real property that is located outside	1231
the incorporated area of a city shall be distributed by the court	1232
in the same manner as the proceeds are distributed under division	1233
(A) of this section. The proceeds from the sale of real property	1234
that is located within the incorporated area of a city shall be	1235
distributed by the court in the same manner as the proceeds are	1236
distributed under division (B) of this section.	1237

Sec. 2105.10. (A) As used in this section:

1238

(1) "Abandoned" means that a parent of a minor failed without	1239
justifiable cause to communicate with the minor, care for ~~him~~the	1240
minor, and provide for ~~his~~the minor's maintenance or support as	1241
required by law or judicial decree for a period of at least one	1242
year immediately prior to the date of the death of the minor.	1243

(2) "Minor" means a person who is less than eighteen years of	1244
age.	1245

(B) Subject to divisions (C), (D), and (E) of this section, a	1246
parent who has abandoned ~~his~~the parent's minor child who	1247
subsequently dies intestate as a minor shall not inherit the real	1248
or personal property of the deceased child pursuant to section	1249
2105.06 of the Revised Code. If a parent is prohibited by this	1250
division from inheriting from ~~his~~the parent's deceased child, the	1251
real or personal property of the deceased child shall be	1252
distributed, or shall descend and pass in parcenary, pursuant to	1253
section 2105.06 of the Revised Code as if the parent had	1254
predeceased the deceased child.	1255

(C) Subject to divisions (D) and (E) of this section, a	1256
parent who is alleged to have abandoned a child who died as an	1257
intestate minor shall be considered as a next of kin or an heir at	1258
law of the deceased child only for the following purposes:	1259

(1) To receive any notice required to be given to the heirs	1260
at law of a decedent in connection with an application for release	1261
of an estate from administration under section 2113.03 of the	1262
Revised Code;	1263

(2) To be named as a next of kin in an application for the	1264
appointment of a person as the administrator of the estate of the	1265
deceased child, if the parent is known to the person filing the	1266
application pursuant to section 2113.07 of the Revised Code, and	1267
to receive a citation issued by the probate court pursuant to that	1268
section.	1269

(D)(1) The prohibition against inheritance set forth in	1270
division (B) of this section shall be enforceable only in	1271
accordance with a probate court adjudication rendered pursuant to	1272
this division.	1273

(2) If the administrator of the estate of an intestate minor	1274
has actual knowledge, or reasonable cause to believe, that the	1275
minor was abandoned by a parent, the administrator shall file a	1276
petition pursuant to section 2123.02 of the Revised Code to obtain	1277
an adjudication that the parent abandoned the child and that,	1278
because of the prohibition against inheritance set forth in	1279
division (B) of this section, the parent shall not be considered	1280
to be an heir at law of, and shall not be entitled to inherit the	1281
real and personal property of, the deceased child pursuant to	1282
section 2105.06 of the Revised Code. That parent shall be named as	1283
a defendant in the petition and, whether or not that parent is a	1284
resident of this state, shall be served with a summons and a copy	1285
of the petition in accordance with the Rules of Civil Procedure.	1286
In the heirship determination proceeding, the administrator has	1287
the burden of proving, by a preponderance of the evidence, that	1288
the parent abandoned the child. If, after the hearing, the probate	1289
court finds that the administrator has sustained that burden of	1290
proof, the probate court shall include in its adjudication	1291
described in section 2123.05 of the Revised Code its findings that	1292
the parent abandoned the child and, because of the prohibition	1293
against inheritance set forth in division (B) of this section, the	1294
parent shall not be considered to be an heir at law of, and shall	1295
not be entitled to inherit the real and personal property of, the	1296
deceased child pursuant to section 2105.06 of the Revised Code. If	1297
the probate court so finds, then, upon the entry of its	1298
adjudication on its journal, the administrator may make a final	1299
distribution of the estate of the deceased child in accordance	1300
with division (B) of this section.	1301

(3) An heirship determination proceeding resulting from the	1302
filing of a petition pursuant to this division shall be conducted	1303
in accordance with Chapter 2123. of the Revised Code, except to	1304
the extent that a provision of this section conflicts with a	1305
provision of that chapter, in which case the provision of this	1306
section shall control.	1307

(E) If the administrator of the estate of an intestate minor	1308
has not commenced an heirship determination proceeding as	1309
described in division (D) of this section within four months from	1310
the date that hethe administrator receives ~~his~~the	1311
administrator's letters of administration, then ~~such a~~that	1312
proceeding may not be commenced subsequently, no parent of the	1313
deceased child shall be prohibited from inheriting the real or	1314
personal property of the deceased child pursuant to division (B)	1315
of this section, and the probate of the estate of the deceased	1316
child in accordance with section 2105.06 and other relevant	1317
sections of the Revised Code shall be forever binding.	1318

Sec. 2105.11. When a person dies intestate leaving children	1319
and none of the children of ~~such~~the intestate have died leaving	1320
children or their lineal descendants, ~~such~~the estate shall	1321
descend to the children of ~~such~~the intestate, living at the time	1322
of ~~his~~the intestate's death, in equal proportions.	1323

Sec. 2105.13. If some of the children of an intestate are	1324
living and others are dead, the estate shall descend to the	1325
children who are living and to the lineal descendants of ~~such~~the	1326
children aswho are dead, so that each child who is living will	1327
inherit the share to which hethe child who is living would have	1328
been entitled if all the children of the intestate were living,	1329
and the lineal descendants of the deceased child will inherit	1330
equal parts of that portion of the estate to which ~~such~~the	1331
deceased child would be entitled if hethe deceased child were	1332
living.	1333

This section shall apply in all cases in which the	1334
descendants of the intestate, not more remote than lineal	1335
descendants of grandparents, entitled to share in the estate, are	1336
of unequal degree of consanguinity to the intestate, so that those	1337
who are of the nearest degree of consanguinity will take the share	1338
to which they would have been entitled, had all the descendants in	1339
the same degree of consanguinity with them who died leaving issue,	1340
been living.	1341

Sec. 2105.14. Descendants of an intestate begotten before	1342
~~his~~the intestate's death, but born ~~thereafter~~after the	1343
intestate's death, in all cases will inherit as if born in the	1344
lifetime of the intestate and surviving ~~him~~the intestate; but in	1345
no other case can a person inherit unless living at the time of	1346
the death of the intestate.	1347

Sec. 2105.15. A person of sound mind and memory may appear	1348
before the probate judge of ~~his~~the person's county and in the	1349
presence of ~~such~~the judge and two disinterested persons of ~~such~~	1350
that person's acquaintance, file a written declaration declaring	1351
that, as ~~his~~the person's free and voluntary act, hethe person	1352
did designate and appoint another, stating the name and place of	1353
residence of ~~such~~the other person specifically, to stand toward	1354
~~him~~the person in the relation of an heir at law in the event of	1355
~~his~~the person's death. ~~Such~~The declaration ~~must~~shall be	1356
attested by the two disinterested persons and subscribed by the	1357
declarant. If satisfied that ~~such~~the declarant is of sound mind	1358
and memory and free from restraint, the judge ~~thereupon~~ shall	1359
enter that fact upon ~~his~~the judge's journal and make a complete	1360
record of ~~such~~the proceedings. ~~Thenceforward~~From then on the	1361
person designated will stand in the same relation, for all	1362
purposes, to ~~such~~the declarant as hethe person designated could	1363
if a child born in lawful wedlock. The rules of inheritance will	1364
be the same between ~~him~~the person designated and the relations by	1365
blood of the declarant, as if so born. A certified copy of ~~such~~	1366
the record will be prima-facie evidence of the fact stated ~~therein~~	1367
in the record, and conclusive evidence, unless impeached for	1368
actual fraud or undue influence. After a lapse of one year from	1369
the date of ~~such~~the designation, ~~such~~the declarant may have ~~such~~	1370
the designation vacated or changed by filing in ~~said~~that probate	1371
court an application to vacate or change ~~such~~the designation of	1372
heir; provided, that there is compliance with the procedure,	1373
conditions, and prerequisites required in the making of the	1374
original declaration.	1375

Sec. 2105.16. No person who is capable of inheriting shall	1376
be deprived of the inheritance by reason of any of ~~his~~the	1377
person's ancestors having been aliens. Aliens may hold, possess,	1378
and enjoy ~~lands, tenements, and hereditaments~~real property within	1379
this state, either by descent, devise, gift, or purchase, as fully	1380
as any citizen of the United States or of this state may do.	1381

Sec. 2105.19. (A) Except as provided in division (C) of this	1382
section, no person who is convicted of, pleads guilty to, or is	1383
found not guilty by reason of insanity of a violation of or	1384
complicity in the violation of section 2903.01, 2903.02, or	1385
2903.03 of the Revised Code or of an existing or former law of any	1386
other state, the United States, or a foreign nation, substantially	1387
equivalent to a violation of or complicity in the violation of any	1388
of these sections, no person who is indicted for a violation of or	1389
complicity in the violation of any of those sections or laws and	1390
subsequently is adjudicated incompetent to stand trial on that	1391
charge, and no juvenile who is found to be a delinquent child by	1392
reason of committing an act that, if committed by an adult, would	1393
be a violation of or complicity in the violation of any of those	1394
sections or laws, shall in any way benefit by the death. All	1395
property of the decedent, and all money, insurance proceeds, or	1396
other property or benefits payable or distributable in respect of	1397
the decedent's death, shall pass or be paid or distributed as if	1398
the person who caused the death of the decedent had predeceased	1399
the decedent.	1400

(B) A person prohibited by division (A) of this section from	1401
benefiting by the death of another is a constructive trustee for	1402
the benefit of those entitled to any property or benefit that the	1403
person has obtained, or over which hethe person has exerted	1404
control, because of the decedent's death. A person who purchases	1405
any such property or benefit from the constructive trustee, for	1406
value, in good faith, and without notice of the constructive	1407
trustee's disability under division (A) of this section, acquires	1408
good title, but the constructive trustee is accountable to the	1409
beneficiaries for the proceeds or value of the property or	1410
benefit.	1411

(C) A person who is prohibited from benefiting from a death	1412
pursuant to division (A) of this section either because hethe	1413
person was adjudicated incompetent to stand trial or was found not	1414
guilty by reason of insanity, or ~~his~~the person's guardian	1415
appointed pursuant to Chapter 2111. of the Revised Code or other	1416
legal representative, may file a complaint to declare ~~his~~the	1417
person's right to benefit from the death in the probate court in	1418
which the decedent's estate is being administered or ~~which~~that	1419
released the estate from administration. The complaint shall be	1420
filed no later than sixty days after the person is adjudicated	1421
incompetent to stand trial or found not guilty by reason of	1422
insanity. The court shall notify each person who is a devisee or	1423
legatee under the decedent's will, or if there is no will, each	1424
person who is an heir of the decedent pursuant to section 2105.06	1425
of the Revised Code that ~~such~~ a complaint of that nature has been	1426
filed within ten days after the filing of ~~such a~~the complaint.	1427
The person who files the ~~motion~~complaint, and each person who is	1428
required to be notified of the filing of the ~~motion~~complaint	1429
under this division, is entitled to a jury trial in the action. To	1430
assert the right, the person desiring a jury trial shall demand a	1431
jury in the manner prescribed in the Civil Rules.	1432

A person who files a complaint pursuant to this division	1433
shall be restored to ~~his~~the person's right to benefit from the	1434
death unless the court determines, by a preponderance of the	1435
evidence, that the person would have been convicted of a violation	1436
of, or complicity in the violation of, section 2903.01, 2903.02,	1437
or 2903.03 of the Revised Code, or of a law of another state, the	1438
United States, or a foreign nation that is substantially similar	1439
to any of those sections, if hethe person had been brought to	1440
trial in the case in which hethe person was adjudicated	1441
incompetent or if hethe person were not insane at the time of the	1442
commission of the offense.	1443

Sec. 2106.01. (A) After the initial appointment of an	1444
administrator or executor of the estate, the probate court shall	1445
issue a citation to the surviving spouse, if any is living at the	1446
time of the issuance of the citation, to elect whether to exercise	1447
the surviving spouse's rights under Chapter 2106. of the Revised	1448
Code, including, after the probate of a will, the right to elect	1449
to take under the will or under section 2105.06 of the Revised	1450
Code.	1451

A surviving spouse may waive the service of the citation	1452
required under this division by filing in the probate court a	1453
written waiver of the citation. The waiver shall include an	1454
acknowledgment of receipt of the description of the general rights	1455
of the surviving spouse required by division (B) of section	1456
2106.02 of the Revised Code.	1457

(B) If the surviving spouse elects to take under section	1458
2105.06 of the Revised Code and if the value of the property that	1459
the surviving spouse is entitled to receive is equal to or greater	1460
than the value of the decedent's interest in the mansion house as	1461
determined under section 2106.10 of the Revised Code, the	1462
surviving spouse also is entitled to make an election pursuant to	1463
division (A) of section 2106.10 of the Revised Code.	1464

(C) If the surviving spouse elects to take under section	1465
2105.06 of the Revised Code, the surviving spouse shall take not	1466
to exceed one-half of the net estate, unless two or more of the	1467
decedent's children or their lineal descendants survive, in which	1468
case the surviving spouse shall take not to exceed one-third of	1469
the net estate.	1470

For purposes of this division, the net estate shall be	1471
determined before payment of federal estate tax, estate taxes	1472
under Chapter 5731. of the Revised Code, or any other tax that is	1473
subject to apportionment under section 2113.86 or 2113.861 of the	1474
Revised Code.	1475

(D) Unless the will expressly provides that in case of an	1476
election under division (A) of this section there shall be no	1477
acceleration of remainder or other interests bequeathed or devised	1478
by the will, the balance of the net estate shall be disposed of as	1479
though the surviving spouse had predeceased the testator. If there	1480
is a disposition by a will to an inter vivos trust that was	1481
created by the testator, if under the terms of the trust the	1482
surviving spouse is entitled to any interest in the trust or is	1483
granted any power or nomination with respect to the trust, and if	1484
the surviving spouse makes an election to take under section	1485
2105.06 of the Revised Code, then, unless the trust instrument	1486
provides otherwise, the surviving spouse is ~~deemed~~considered for	1487
purposes of the trust to have predeceased the testator, and there	1488
shall be an acceleration of remainder or other interests in all	1489
property bequeathed or devised to the trust by the will, in all	1490
property held by the trustee at the time of the death of the	1491
decedent, and in all property that comes into the ~~hands~~possession	1492
or under the control of the trustee by reason of the death of the	1493
decedent.	1494

(E) The election of a surviving spouse to take under a will	1495
or under section 2105.06 of the Revised Code may be made at any	1496
time after the death of the decedent, but the surviving spouse	1497
shall not make the election later than five months from the date	1498
of the initial appointment of an administrator or executor of the	1499
estate. On a motion filed before the expiration of the five-month	1500
period, and for good cause shown, the court may allow further time	1501
for the making of the election. If no action is taken by the	1502
surviving spouse before the expiration of the five-month period,	1503
it is conclusively presumed that the surviving spouse elects to	1504
take under the will. The election shall be entered on the journal	1505
of the court.	1506

When proceedings for advice or to contest the validity of a	1507
will are begun within the time allowed by this division for making	1508
the election, the election may be made within three months after	1509
the final disposition of the proceedings, if the will is not set	1510
aside.	1511

(F) When a surviving spouse succeeds to the entire estate of	1512
the testator, having been named the sole devisee and legatee, it	1513
shall be presumed that the spouse elects to take under the will of	1514
the testator, unless the surviving spouse manifests a contrary	1515
intention.	1516

Sec. 2106.08. If, because of a legal disability, a surviving	1517
spouse is unable to make an election as provided by section	1518
2106.01 of the Revised Code, as soon as the facts come to the	1519
knowledge of the probate court, the probate court shall appoint	1520
some suitable person to ascertain the value of the provision made	1521
for the surviving spouse by the testator, the value of the rights	1522
of the surviving spouse in the estate of the testator under	1523
Chapter 2105. of the Revised Code, and the adequate support needs	1524
of the surviving spouse after taking into consideration the other	1525
available resources and the age, probable life expectancy,	1526
physical and mental condition, and present and reasonably	1527
anticipated future needs of the surviving spouse. The appointment	1528
by the court shall be made at any time within the times described	1529
in division (E) of section 2106.01 of the Revised Code for making	1530
an election under that section.	1531

When the person so appointed returns the report of ~~his~~the	1532
person's investigation, the court may elect for the surviving	1533
spouse to take under section 2105.06 of the Revised Code only if	1534
it finds, after taking into consideration the other available	1535
resources and the age, probable life expectancy, physical and	1536
mental condition, and present and reasonably anticipated future	1537
needs of the surviving spouse, that the election to take under	1538
section 2105.06 of the Revised Code is necessary to provide	1539
adequate support for the surviving spouse during ~~his~~the surviving	1540
spouse's life expectancy.	1541

After making its determination under this section, the court	1542
shall record upon its journal the election made for the surviving	1543
spouse. The election, when so entered, shall have the same effect	1544
as an election made by one not under legal disability.	1545

Sec. 2106.11. Subject to the right of the surviving spouse	1546
to elect to receive the decedent's interest in the mansion house	1547
pursuant to section 2106.10 of the Revised Code, the specific	1548
monetary share payable to a surviving spouse under division (B),	1549
(C), or (D) of section 2105.06 of the Revised Code shall be paid	1550
out of the tangible and intangible personal property in the	1551
intestate estate to the extent that the personal property is	1552
available for distribution. The personal property distributed to	1553
the surviving spouse, other than cash, shall be valued at the	1554
appraised value.	1555

Before tangible and intangible personal property is	1556
transferred to the surviving spouse in payment or part payment of	1557
the specific monetary share, the administrator or executor shall	1558
file an application that includes an inventory of the personal	1559
property intended to be distributed in kind to the surviving	1560
spouse, together with a statement of the appraised value of each	1561
item of personal property included. The court shall examine the	1562
application and make a finding of the amount of personal property	1563
to be distributed to the surviving spouse, and shall order that	1564
the personal property be distributed to the surviving spouse. The	1565
court concurrently shall make a finding of the amount of money	1566
that remains due and payable to the surviving spouse in	1567
satisfaction of the specific monetary share to which the surviving	1568
spouse is entitled under division (B), (C), or (D) of section	1569
2105.06 of the Revised Code. Any amount that remains due and	1570
payable shall be a charge on the title to any real property in the	1571
estate but the charge does not bear interest. This charge may be	1572
conveyed or released in the same manner as any other interest in	1573
real ~~estate~~property and may be enforced by foreclosure or any	1574
other appropriate remedy.	1575

Sec. 2107.01. InAs used in Chapters 2101. to 2131. of the	1576
Revised Code~~, "will~~:	1577

(A) "Will" includes codicils to wills admitted to probate,	1578
lost, spoliated, or destroyed wills, and instruments admitted to	1579
probate under section 2107.081 of the Revised Code, but "will"	1580
does not include inter vivos trusts or other instruments that have	1581
not been admitted to probate.	1582

(B) "Testator" means any person who makes a will.

1583

Sec. 2107.02. A person ~~of the age of~~who is eighteen years,	1584
of age or ~~over~~older, of sound mind and memory, and not under	1585
restraint may make a will.	1586

Sec. 2107.03. Except oral wills, every ~~last~~ will ~~and~~	1587
~~testament~~ shall be in writing, but may be handwritten or	1588
typewritten. The will shall be signed at the end by the testator	1589
~~making it~~ or by some other person in the testator's conscious	1590
presence and at the testator's express direction~~, and~~. The will	1591
shall be attested and subscribed in the conscious presence of	1592
the testator, by two or more competent witnesses, who saw the	1593
testator subscribe, or heard the testator acknowledge the	1594
testator's signature.	1595

For purposes of this section, "conscious presence" means	1596
within the range of any of the testator's senses, excluding the	1597
sense of sight or sound that is sensed by telephonic, electronic,	1598
or other distant communication.	1599

Sec. 2107.04. No agreement to make a will or to make a	1600
devise or bequest by will shall be enforceable unless it is in	1601
writing. ~~Such~~The agreement ~~must~~shall be signed by the maker or	1602
by some other person at ~~such~~the maker's express direction. If	1603
signed by a person other than ~~such~~the maker, the instrument ~~must~~	1604
shall be subscribed by two or more competent witnesses who heard	1605
~~such~~the maker acknowledge that it was signed at ~~his~~the maker's	1606
direction.	1607

Sec. 2107.05. An existing document, book, record, or	1608
memorandum may be incorporated in a will by reference, if referred	1609
to as being in existence at the time the will is executed. ~~Such~~	1610
That document, book, record, or memorandum shall be deposited in	1611
the probate court when the will is probated or within thirty days	1612
~~thereafter~~after the will is probated, unless the court grants an	1613
extension of time for good cause shown. A copy may be substituted	1614
for the original document, book, record, or memorandum if ~~such~~the	1615
copy is certified to be correct by a person authorized to take	1616
acknowledgments ~~on deeds~~.	1617

Sec. 2107.07. A will may be deposited by the ~~maker~~testator,	1618
or by some person for the ~~maker~~testator, in the office of the	1619
judge of the probate court in the county in which the testator	1620
lives. ~~Such~~That will shall be safely kept until delivered or	1621
disposed of as provided by section 2107.08 of the Revised Code.	1622
The judge, on being paid the fee of ~~one dollar~~five dollars, shall	1623
receive, keep, and give a certificate of deposit for ~~such~~the	1624
will.	1625

Every will ~~which~~that is ~~to be~~so deposited shall be enclosed	1626
in a sealed ~~wrapper, which~~envelope that shall be indorsed with	1627
the name of the testator. The judge shall indorse ~~thereon~~on the	1628
envelope the date of delivery and the person by whom ~~such~~the will	1629
was delivered. The ~~wrapper~~envelope may be indorsed with the name	1630
of a person to whom it is to be delivered after the death of the	1631
testator. ~~Such~~The will shall not be opened or read until	1632
delivered to a person entitled to receive it, until the ~~maker~~	1633
~~petitions~~testator files a complaint in the probate court for a	1634
declaratory judgment of the validity of the will pursuant to	1635
section 2107.081 of the Revised Code, or until otherwise disposed	1636
of as provided in section 2107.08 of the Revised Code.	1637

Sec. 2107.08. During the lifetime of a testator, the	1638
testator's will, deposited according to section 2107.07 of the	1639
Revised Code, shall be delivered only to ~~him~~the testator, to some	1640
person authorized by ~~him~~the testator by a written order, or to a	1641
probate court for a determination of its validity when the	1642
testator so requests. After the testator's death, the will shall	1643
be delivered to the person named in the indorsement on the ~~wrapper~~	1644
envelope of the will, if there is a person named who demands it.	1645
If the testator has ~~petitioned~~filed a complaint in the probate	1646
court for a judgment declaring the validity of the will pursuant	1647
to section 2107.081 of the Revised Code and the court has rendered	1648
the judgment, the probate judge with possession shall deliver the	1649
will to the proper probate court as determined under section	1650
2107.11 of the Revised Code, upon the death of the testator, for	1651
probate.	1652

If no person named in the indorsement demands the will and it	1653
is not one that has been declared valid pursuant to section	1654
2107.084 of the Revised Code, it shall be publicly opened in the	1655
probate court within ~~two months~~one month after notice of the	1656
testator's death and retained in the office of the probate judge	1657
until offered for probate. If the jurisdiction belongs to any	1658
other probate court, the will shall be delivered to the person	1659
entitled to its custody, to be presented for probate in the other	1660
court. If the probate judge who opens the will has jurisdiction of	1661
it, hethe probate judge immediately shall give notice of its	1662
existence to the executor named in the will or, if any, to the	1663
persons holding a power to nominate an executor as described in	1664
section 2107.65 of the Revised Code, or, if it is the case, to the	1665
executor named in the will and to the persons holding a power to	1666
nominate a coexecutor as described in that section. If no executor	1667
is named and no persons hold a power to nominate an executor as	1668
described in that section, the probate judge shall give notice to	1669
other persons immediately interested.	1670

Sec. 2107.081. (A) A person who executes a will allegedly in	1671
conformity with the laws of this state may ~~petition~~file a	1672
complaint in the probate court of the county in which hethe	1673
person is domiciled, if hethe person is domiciled in this state,	1674
or in the probate court of the county in which any of ~~his~~the	1675
person's real property is located, if hethe person is not	1676
domiciled in this state, for a judgment declaring the validity of	1677
the will.	1678

The ~~petition~~complaint may be filed in the form determined by	1679
the probate court of the county in which it is filed.	1680

The ~~petition~~complaint shall name as parties defendant all	1681
persons named in the will as beneficiaries, and all of the persons	1682
who would be entitled to inherit from the testator under Chapter	1683
2105. of the Revised Code had the testator died intestate on the	1684
date the ~~petition~~complaint was filed.	1685

For the purposes of this section, "domicile" shall be	1686
determined at the time of filing the ~~petition~~complaint with the	1687
probate court.	1688

(B) The failure of a testator to file a ~~petition~~complaint	1689
for a judgment declaring the validity of a will hethe testator	1690
has executed shall not be construed as evidence or an admission	1691
that the will was not properly executed pursuant to section	1692
2107.03 of the Revised Code or any prior law of this state in	1693
effect at the time of execution or as evidence or an admission	1694
that the testator did not have the requisite testamentary	1695
capacity ~~and freedom from undue influence under section 2107.02 of~~	1696
~~the Revised Code~~or was under any restraint.	1697

Sec. 2107.082. Service of process in an action authorized by	1698
section 2107.081 of the Revised Code shall be made on every party	1699
defendant named in ~~that action~~the complaint filed under that	1700
section by the following methods:	1701

(A) By certified mail, or any other valid personal service	1702
permitted by the Rules of Civil Procedure, if the party is an	1703
inhabitant of this state or is found within this state;	1704

(B) By certified mail, with a copy of the summons and	1705
~~petition~~complaint, to the party at ~~his~~the party's last known	1706
address or any other valid personal service permitted by the Rules	1707
of Civil Procedure, if the party is not an inhabitant of this	1708
state or is not found within this state;	1709

(C) By publication, according to Civil Rule 4.4, in a	1710
newspaper of general circulation published in the county where the	1711
~~petition~~complaint was filed, for three consecutive weeks, if the	1712
address of the party is unknown, if all methods of personal	1713
service permitted under division (B) of this section were	1714
attempted without success, or if the interest of the party under	1715
the will or in the estate of the testator should the will be	1716
declared invalid is unascertainable at that time.	1717

Sec. 2107.083. When a ~~petition~~complaint is filed pursuant	1718
to section 2107.081 of the Revised Code, the probate court shall	1719
conduct a hearing on the validity of the will. The hearing shall	1720
be adversary in nature and shall be conducted pursuant to section	1721
2721.10 of the Revised Code, except as otherwise provided in	1722
sections 2107.081 to 2107.085 of the Revised Code.	1723

Sec. 2107.084. (A) The probate court shall declare the will	1724
valid if, after conducting a proper hearing pursuant to section	1725
2107.083 of the Revised Code, it finds that the will was properly	1726
executed pursuant to section 2107.03 of the Revised Code or under	1727
any prior law of this state that was in effect at the time of	1728
execution and that the testator had the requisite testamentary	1729
capacity and ~~freedom from undue influence pursuant to section~~	1730
~~2107.02 of the Revised Code~~was not under any restraint.	1731

Any ~~such~~ judgment under this section declaring a will valid	1732
is binding in this state as to the validity of the will on all	1733
facts found, unless provided otherwise in this section, section	1734
2107.33 of the Revised Code, or division (B) of section 2107.71 of	1735
the Revised Code, and, if the will remains valid, shall give the	1736
will full legal effect as the instrument of disposition of the	1737
testator's estate, unless the will has been modified or revoked	1738
according to law.	1739

(B) Any declaration of validity issued as a judgment pursuant	1740
to this section shall be sealed in an envelope along with the will	1741
to which it pertains, and filed by the probate judge or ~~his~~	1742
~~designated officer~~the probate judge's designee in the offices of	1743
that probate court. The filed will shall be available during the	1744
testator's lifetime only to the testator. If the testator removes	1745
a filed will from the possession of the probate judge, the	1746
declaration of validity rendered under division (A) of this	1747
section no longer has any effect.	1748

(C) A testator may revoke or modify a will declared valid and	1749
filed with a probate court pursuant to this section by ~~petitioning~~	1750
filing a complaint in the probate court in possession of the will	1751
and asking that the will be revoked or modified. The ~~petition~~	1752
complaint shall include a document executed pursuant to sections	1753
2107.02 and 2107.03 of the Revised Code, and shall name as parties	1754
defendant those persons who were parties defendant in any previous	1755
action declaring the will valid, those persons who are named in	1756
any modification as beneficiaries, and those persons who would be	1757
entitled because of the revocation or modification, to inherit	1758
from the testator under Chapter 2105. of the Revised Code had the	1759
testator died intestate on the date the ~~petition~~complaint was	1760
filed. Service of the ~~petition~~complaint and process shall be made	1761
on these parties by the methods authorized in section 2107.082 of	1762
the Revised Code.	1763

Unless waived by all parties, the court shall conduct a	1764
hearing on the validity of the revocation or modification	1765
requested under this division in the same manner as it would on	1766
any initial ~~petition~~complaint for a judgment declaring a will to	1767
be valid under this section. If the court finds that the	1768
revocation or modification is valid~~, as defined~~under the	1769
procedure described in division (A) of this section, the	1770
revocation or modification shall take full effect and be binding,	1771
and shall revoke the will or modify it to the extent of the valid	1772
modification. The revocation or modification, the judgment	1773
declaring it valid, and the will itself shall be sealed in an	1774
envelope and filed with the probate court, and shall be available	1775
during the testator's lifetime only to the testator.	1776

(D) A ~~testator may also modify a~~ will ~~by any later will or~~	1777
that has been declared valid under division (A) of this section	1778
and is in the possession of the probate judge may be modified by	1779
codicil ~~executed according to the laws of this state or any other~~	1780
~~state and~~if the codicil is declared valid by the same procedure	1781
as the will. A testator may revoke a will by any method permitted	1782
under section 2107.33 of the Revised Code.	1783

(E) A declaration of validity of a will, orof a codicil to a	1784
will previously declared valid, or of a revocation or modification	1785
of a will previously determined to be valid,that is given under	1786
division (A) or (C) of this section, whichever is applicable, is	1787
not subject to collateral attack, except by a person and in the	1788
manner specified in division (B) of section 2107.71 of the Revised	1789
Code, but is appealable subject to the terms of Chapter 2721. of	1790
the Revised Code.	1791

Sec. 2107.085. The finding of facts by a probate court in a	1792
proceeding brought under sections 2107.081 to 2107.085 of the	1793
Revised Code is not admissible as evidence in any proceeding other	1794
than one brought to determine the validity of a will.	1795

The determination or judgment rendered in a proceeding under	1796
~~these~~those sections is not binding upon the parties to ~~such a~~	1797
that proceeding in any action not brought to determine the	1798
validity of a will.	1799

The failure of a testator to file a ~~petition~~complaint for a	1800
judgment declaring the validity of a will hethe testator has	1801
executed is not admissible as evidence in any proceeding to	1802
determine the validity of that will or any other will executed by	1803
the testator.	1804

Sec. 2107.09. (A) If real ~~or personal estate~~property is	1805
devised or personal property is bequeathed by a ~~last~~ will, the	1806
executor, or any interested person, may cause ~~such~~the will to be	1807
brought before the probate court of the county in which the	1808
decedent was domiciled. By ~~citation, attachment, or warrant or, if~~	1809
~~circumstances require it, by warrant or attachment in the first~~	1810
~~instance~~judicial order, ~~such~~the court may compel the person	1811
having the custody or control of ~~such~~the will to produce it	1812
before the court for the purpose of being proved.	1813

If the person having the custody or control of the will	1814
intentionally conceals or withholds it or neglects or refuses to	1815
produce it for probate without reasonable cause, hethe person may	1816
be committed to the county jail and kept in ~~close~~ custody until he	1817
~~produces~~ the will is produced. ~~This~~The person also shall be	1818
liable to any party aggrieved for the damages sustained by ~~such~~	1819
that neglect or refusal.	1820

Any ~~citation, attachment, or warrant~~judicial order issued	1821
pursuant to this section may be issued into any county in the	1822
state and shall be served and returned by the officer to whom it	1823
is delivered.	1824

The officer to whom ~~such~~the process is delivered shall be	1825
liable for neglect in its service or return in ~~like~~the same	1826
manner as sheriffs are liable for neglect in not serving or	1827
returning a capias issued upon an indictment.	1828

(B) In the case of a will that has been declared valid	1829
pursuant to section 2107.084 of the Revised Code, the probate	1830
judge who made the declaration or who has possession of the will	1831
shall cause the will and the judgment declaring validity to be	1832
brought before the proper probate court as determined by section	1833
2107.11 of the Revised Code at a time after the death of the	1834
testator. If the death of the testator is brought to the attention	1835
of the probate judge by an interested party, the judge shall cause	1836
the will to be brought before the proper probate court at that	1837
time.	1838

Sec. 2107.10. (A) No property or right, testate or	1839
intestate, shall pass to a beneficiary named in a will who knows	1840
of the existence of the will for ~~three years~~one year after the	1841
death of the testator and has the power to control it, and,	1842
without reasonable cause, intentionally conceals or withholds it	1843
or neglects or refuses within ~~the three years~~that one year to	1844
cause it to be offered for or admitted to probate. The ~~estate~~	1845
property devised or bequeathed to ~~such devisee~~that beneficiary	1846
shall descend to the heirs of the testator, not including any heir	1847
who has concealed or withheld the will.	1848

(B) No property or right, testate or intestate, passes to a	1849
beneficiary named in a will when the will was declared valid and	1850
filed with a probate judge pursuant to section 2107.084 of the	1851
Revised Code, the declaration and filing took place in a county	1852
different from the county in which the will of the testator would	1853
be probated under section 2107.11 of the Revised Code, and the	1854
named beneficiary knew of the declaration and filing and of the	1855
death of the testator and did not notify the probate judge with	1856
whom the will was filed. This division does not preclude a named	1857
beneficiary from acquiring property or rights from the estate of	1858
the testator for failing to notify a probate judge if ~~it is his~~	1859
~~reasonable belief~~the named beneficiary reasonably believes that	1860
the judge has previously been notified of the testator's death.	1861

Sec. 2107.11. (A) A will shall be admitted to probate:

1862

~~(A)~~(1) In the county in this state in which the testator was	1863
domiciled ~~if,~~ at the time of ~~his~~the testator's death~~, he was~~	1864
~~domiciled in this state~~;	1865

~~(B)~~(2) In any county of this state where any real property or	1866
personal property of ~~such~~the testator is located if, at the time	1867
of ~~his~~the testator's death, hethe testator was not domiciled in	1868
this state, and provided that ~~such~~the will has not previously	1869
been admitted to probate in this state or in the state of ~~such~~the	1870
testator's domicile;	1871

~~(C)~~(3) In the county of this state in which a probate court	1872
rendered a judgment declaring that the will was valid and ~~where~~in	1873
which the will was filed with the probate court.	1874

(B) For the purpose of division (A)(2) of this section,	1875
intangible personal property is located in the place where the	1876
instrument evidencing a debt, obligation, stock, or chose in	1877
action is located or if there is no such instrument where the	1878
debtor resides.	1879

Sec. 2107.15. If a devise or bequest is made to a person who	1880
is one of only two witnesses to a will, the devise or bequest is	1881
void. The witness shall then be competent to testify to the	1882
execution of the will, as if the devise or bequest had not been	1883
made. If the witness would have been entitled to a share of the	1884
testator's estate in case the will was not established, hethe	1885
witness takes so much of that share that does not exceed the	1886
bequest or devise to ~~him~~the witness. The devisees and legatees	1887
shall contribute for that purpose as for an absent or afterborn	1888
child under section 2107.34 of the Revised Code.	1889

Sec. 2107.17. When a witness to a will, or other witness	1890
competent to testify at a probate or declaratory judgment	1891
proceeding, resides out of its jurisdiction, or resides within it	1892
but is infirm and unable to attend court, the probate court may	1893
issue a commission with the will annexed directed to any suitable	1894
person. In lieu of the original will, the probate court, in its	1895
discretion, may annex to the commission a photocopy of the will or	1896
a copy of the will made by ~~photostatic or~~ any similar process. The	1897
person to whom the commission is directed shall take the	1898
deposition or authorize the taking of the deposition of the	1899
witness as provided by the Rules of Civil Procedure. The	1900
testimony, certified and returned, shall be admissible and have	1901
the same effect in the proceedings as if taken in open court.	1902

Sec. 2107.18. The probate court shall admit a will to	1903
probate if it appears from the face of the will, or if the probate	1904
court requires, in its discretion, the testimony of the witnesses	1905
to a will and it appears from that testimony, that the execution	1906
of the will complies with the law in force at the time of the	1907
execution of the will in the jurisdiction in which it was	1908
executed, or with the law in force in this state at the time of	1909
the death of the testator, or with the law in force in the	1910
jurisdiction in which the testator was domiciled at the time of	1911
~~his~~the testator's death.	1912

The probate court shall admit a will to probate when there	1913
has been a prior judgment by a probate court declaring that the	1914
will is valid, rendered pursuant to section 2107.084 of the	1915
Revised Code, if the will has not been removed from the possession	1916
of the probate judge and has not been modified or revoked under	1917
division (C) or (D) of section 2107.084 of the Revised Code.	1918

Sec. 2107.20. When admitted to probate every will shall be	1919
filed in the office of the probate judge and recorded, together	1920
with any testimony or prior judgment of a probate court declaring	1921
the will valid, by ~~him~~the judge or the clerk of the probate court	1922
in a book to be kept for that purpose.	1923

A copy of ~~such~~the recorded will, with a copy of the order of	1924
probate annexed ~~thereto~~to the copy of the recorded will,	1925
certified by the judge under seal of ~~his~~the judge's court, shall	1926
be as effectual in all cases as the original would be, if	1927
established by proof.	1928

Sec. 2107.21. If real ~~estate~~property devised by will is	1929
situated in any county other than that in which the will is	1930
proved, declared valid, or admitted to probate, an authenticated	1931
copy of the will and the order of probate or the judgment	1932
declaring validity shall be admitted to the record in the office	1933
of the probate judge of each county in which ~~such~~the real ~~estate~~	1934
property is situated upon the order of ~~such~~that judge. The	1935
authenticated copy shall have the same validity ~~therein~~in the	1936
county in which the real property is situated as if probate had	1937
been had in ~~such~~that county.	1938

Sec. 2107.22. (A)(1)(a) When a will has been admitted to	1939
probate by a probate court and another will of later date is	1940
presented to the same court for probate, notice of the will of	1941
later date shall be given to those persons required to be notified	1942
under section 2107.19 of the Revised Code, and to the fiduciaries	1943
and beneficiaries under the will of earlier date. The probate	1944
court may admit the will of later date to probate the same as if	1945
no earlier will had been so admitted if it appears from the face	1946
of the will of later date, or if an interested person makes a	1947
demand as described in division (A)(1)(b) of this section and it	1948
appears from the testimony of the witnesses to the will given in	1949
accordance with that division, that the execution of the will	1950
complies with the law in force at the time of the execution of the	1951
will in the jurisdiction in which it was executed, or with the law	1952
in force in this state at the time of the death of the testator,	1953
or with the law in force in the jurisdiction in which the testator	1954
was domiciled at the time of ~~his~~the testator's death.	1955

(b) Upon the demand of a person interested in having a will	1956
of later date admitted to probate, the probate court shall cause	1957
at least two of the witnesses to the will of later date, and any	1958
other witnesses that the interested person desires to have appear,	1959
to come before the probate court and provide testimony. If the	1960
interested person so requests, the probate court shall issue a	1961
subpoena to compel the presence of any such witness before the	1962
probate court to provide testimony.	1963

Witnesses before the probate court pursuant to this division	1964
shall be examined, and may be cross-examined, in open court, and	1965
their testimony shall be reduced to writing and then filed in the	1966
records of the probate court pertaining to the testator's estate.	1967

(2) When an authenticated copy of a will has been admitted to	1968
record by a probate court, and an authenticated copy of a will of	1969
later date that was executed and proved as required by law, is	1970
presented to the same court for record, it shall be admitted to	1971
record in the same manner as if no authenticated copy of the will	1972
of earlier date had been so admitted.	1973

(3) If a probate court admits a will of later date to	1974
probate, or an authenticated copy of a will of later date to	1975
record, its order shall operate as a revocation of the order	1976
admitting the will of earlier date to probate, or shall operate as	1977
a revocation of the order admitting the authenticated copy of the	1978
will of earlier date to record. The probate court shall enter on	1979
the record of the earlier will a marginal note "later will	1980
admitted to probate ..." (giving the date admitted).	1981

(B) When a will that has been declared valid pursuant to	1982
section 2107.084 of the Revised Code has been admitted to probate	1983
by a probate court, and an authenticated copy of another will of	1984
later date that was executed and proved as required by law is	1985
presented to the same court for record, the will of later date	1986
shall be admitted the same as if no other will had been admitted	1987
and the proceedings shall continue as provided in this section.	1988

Sec. 2107.29. When the record of a will is destroyed, a copy	1989
of ~~such~~the will or a copy of ~~such~~the will and its probate may be	1990
recorded by the probate court if it appears to the court's	1991
satisfaction that ~~such~~the record has been destroyed and if it	1992
appears, by reason of a certificate signed and sealed by the	1993
probate judge, ~~or by the clerk of the court of common pleas,~~ that	1994
~~such~~the copy is a true copy of the original will or a true copy	1995
of the original will and its probate.	1996

Sec. 2107.32. Every probate judge who admits a will or copy	1997
of a will to record under sections 2107.29 to 2107.31~~, inclusive,~~	1998
of the Revised Code,shall immediately ~~thereafter shall~~after	1999
admitting the will or copy to record give notice for three	2000
consecutive weeks in two weekly newspapers of ~~his~~the probate	2001
judge's county if two are published ~~therein~~in the county, or if	2002
not, in one newspaper of general circulation in the county,	2003
stating the name of the person the record of whose will has been	2004
destroyed and the day when ~~such~~the record was supplied under	2005
those sections. All persons interested in the record, at any time	2006
within five years from the making of ~~such~~the record, may come	2007
into the probate court and contest the question whether the	2008
record ~~thus~~that was supplied is the same as the destroyed record	2009
~~destroyed~~.	2010

Sec. 2107.34. If, after making a ~~last~~ will ~~and testament~~, a	2011
testator has a child born alive, or adopts a child, or designates	2012
an heir in the manner provided by section 2105.15 of the Revised	2013
Code, or if a child or designated heir who is absent and reported	2014
to be dead proves to be alive, and no provision has been made in	2015
~~such~~the will or by settlement for ~~such~~the pretermitted child or	2016
heir, or for ~~the~~that child's or heir's issue ~~thereof~~, the will	2017
shall not be revoked~~; but unless~~. Unless it appears by ~~such~~the	2018
will that it was the intention of the testator to disinherit ~~such~~	2019
the pretermitted child or heir, the devises and legacies granted	2020
by ~~such~~the will, except those to a surviving spouse, shall be	2021
abated proportionately, or in ~~such~~any other manner asthat is	2022
necessary to give effect to the intention of the testator as	2023
shown by the will, so that ~~such~~the pretermitted child or heir	2024
will receive a share equal to that which ~~such~~the person would	2025
have been entitled to receive out of the estate if ~~such~~the	2026
testator had died intestate with no surviving spouse, owning only	2027
that portion of the testator's estate not devised or bequeathed	2028
to or for the use and benefit of a surviving spouse. If ~~such~~the	2029
pretermitted child or heir dies prior to the death of the	2030
testator, the issue of ~~such~~the deceased child or heir shall	2031
receive the share the parent would have received if living.	2032

If ~~such~~ pretermitted child or heir supposed to be dead at the	2033
time of executing the will has lineal descendants, provision for	2034
whom is made by the testator, the other legatees and devisees need	2035
not contribute, but ~~such~~the pretermitted child or heir shall take	2036
the provision made for the pretermitted child's or heir's lineal	2037
descendants or ~~such~~that part of it as, in the opinion of the	2038
probate judge, may be equitable. In settling the claim of a	2039
pretermitted child or heir, any portion of the testator's estate	2040
received by a party interested, by way of advancement, is a	2041
portion of the estate and shall be charged to the party who has	2042
received it.	2043

Though measured by Chapter 2105. of the Revised Code, the	2044
share taken by a pretermitted child or heir shall be considered as	2045
a testate succession. This section does not prejudice the right of	2046
any fiduciary to act under any power given by the will, nor shall	2047
the title of innocent purchasers for value of any of the property	2048
of the testator's estate be affected by any right given by this	2049
section to a pretermitted child or heir.	2050

Sec. 2107.35. An encumbrance upon real or personal ~~estate~~	2051
property for the purpose of securing the payment of money or the	2052
performance of a covenant shall not revoke a ~~will~~ previously	2053
executed ~~and~~will relating to ~~such estate~~that property.	2054

Sec. 2107.36. An act of a testator ~~which~~that alters but	2055
does not wholly divest ~~such~~the testator's interest in property	2056
previously devised or bequeathed by ~~him~~the testator does not	2057
revoke the devise or bequest of ~~such~~the property~~, but such~~. The	2058
devise or bequest shall pass to the devisee or legatee the actual	2059
interest of the testator~~, which~~that would otherwise descend to	2060
~~his~~the testator's heirs or pass to ~~his~~the testator's next of	2061
kin;, unless~~, in~~ the instrument by which ~~such~~the alteration is	2062
made,declares the testator's intention ~~is declared~~ that it shall	2063
operate as a revocation of ~~such~~the previous devise or bequest.	2064

If the instrument by which ~~such~~the alteration is made is	2065
wholly inconsistent with the previous devise or bequest, ~~such~~the	2066
instrument ~~will~~shall operate as a revocation ~~thereof~~of the	2067
devise or bequest, unless ~~such~~the instrument depends on a	2068
condition or contingency, and ~~such~~the condition is not performed	2069
or ~~such~~the contingency does not happen.	2070

Sec. 2107.38. If a testator executes a second will, the	2071
destruction, cancellation, or revocation of the second will shall	2072
not revive the first will unless the terms of ~~such~~the revocation	2073
show that it was ~~such~~the testator's intention to revive and give	2074
effect to ~~his~~the testator's first will or unless, after ~~such~~the	2075
destruction, cancellation, or revocation of the second will, ~~such~~	2076
the testator republishes ~~his~~the testator's first will.	2077

Sec. 2107.46. Any fiduciary may ~~maintain~~file an action in	2078
the probate court against creditors, legatees, distributees, or	2079
other parties, and ask the direction or judgment of the court in	2080
any matter respecting the trust, estate, or property to be	2081
administered, and the rights of the parties in interest.	2082

If any fiduciary fails for thirty days to ~~bring such~~file an	2083
action under this section after a written request from a party in	2084
interest, the party making the request may ~~institute~~file the ~~suit~~	2085
action.	2086

Sec. 2107.47. (A) The title, estate, or interest of a bona	2087
fide purchaser, lessee, or encumbrancer, for value, in ~~land~~real	2088
property situated in this state, that is derived from an heir of a	2089
decedent and acquired without knowledge of a will of the decedent	2090
that effectively disposes of it to another person, shall not be	2091
defeated by the production of a will of the decedent, unless, in	2092
the case of a resident decedent, the will is offered for probate	2093
within three months after the death of the decedent, or unless, in	2094
the case of a nonresident decedent, the will is offered for record	2095
in this state within three months after the death of the decedent.	2096

(B) The title, estate, or interest of a bona fide purchaser,	2097
lessee, or encumbrancer, for value, in ~~land~~real property situated	2098
in this state, that is derived from a beneficiary under a will of	2099
a decedent and acquired without knowledge of a later will of the	2100
decedent that effectively disposes of it to another person, shall	2101
not be defeated by the production of a later will of the decedent,	2102
unless, in the case of a resident decedent, the later will is	2103
offered for probate within three months after the death of the	2104
decedent, or unless, in the case of a nonresident decedent, the	2105
later will is offered for record in this state within three months	2106
after the death of the decedent.	2107

Sec. 2107.49. When ~~lands, tenements, or hereditaments~~	2108
interests in real property are given by deed or will to a person	2109
for ~~his~~the person's life, and after ~~his~~the person's death to ~~his~~	2110
the person's heirs in fee, the conveyance shall vest an estate for	2111
life only in ~~such~~the first taker and a remainder in fee simple in	2112
~~his~~the heirs of the first taker. If the remainder is given to the	2113
heirs of the body of the life tenant, the conveyance shall vest an	2114
estate for life only in ~~such~~the first taker and a remainder in	2115
fee simple in the heirs of ~~his~~the body of the life tenant. The	2116
rule in Shelley's case is abolished by this section and shall not	2117
be given effect.	2118

Sec. 2107.50. Any estate, right, or interest in any property	2119
of which a decedent ~~was possessed~~had an interest at ~~his decease~~	2120
the time of the decedent's death shall pass under ~~his~~the	2121
decedent's will unless ~~such~~the will manifests a different	2122
intention.	2123

Sec. 2107.501. (A) A specific devisee or legatee has the	2124
right ofto the remaining specifically devised or bequeathed	2125
property, and the following:	2126

(1) Any balance on the purchase price, together with any	2127
security interest owing from a purchaser to the testator at death	2128
by reason of sale of the property;	2129

(2) Any amount of condemnation award unpaid at death for the	2130
taking of the property;	2131

(3) Any proceeds unpaid at death on fire or casualty	2132
insurance on the property;	2133

(4) Property owned by the testator at death as a result of	2134
foreclosure, or obtained in lieu of foreclosure, of the security	2135
for a specifically devised or bequeathed obligation.	2136

(B) If specifically devised or bequeathed property is sold by	2137
a guardian, by an agent acting within the authority of a power of	2138
attorney, or by an agent acting within the authority of a durable	2139
power of attorney, or if a condemnation award or insurance	2140
proceeds are paid to a guardian, to an agent acting within the	2141
authority of a power of attorney, or to an agent acting within the	2142
authority of a durable power of attorney as a result of	2143
condemnation, fire, or casualty to the property, the specific	2144
devisee or legatee has the right to a general pecuniary devise or	2145
bequest equal to the net proceeds of sale, the condemnation award,	2146
or the insurance proceeds, and ~~such a~~that devise or bequest shall	2147
be treated as property subject to section 2107.54 of the Revised	2148
Code. This section does not apply if subsequent to the sale,	2149
condemnation, fire, or casualty, it is adjudicated that the	2150
disability of the testator has ceased and the testator survives	2151
the adjudication by one year. The right of the specific devisee or	2152
legatee is reduced by any right ~~the specific devisee or legatee~~	2153
~~has~~acquired under division (A) of this section.	2154

Sec. 2107.51. Every devise of ~~lands, tenements, or~~	2155
~~hereditaments~~an interest in real property in a will shall convey	2156
all the estate of the devisor ~~therein~~in the property, unless it	2157
clearly appears by the will that the devisor intended to convey a	2158
less estate.	2159

Sec. 2107.52. (A) As used in this section, "relative" means	2160
an individual who is related to a testator by consanguinity and an	2161
heir at law designated pursuant to section 2105.15 of the Revised	2162
Code.	2163

(B) Unless a contrary intention is manifested in the will, if	2164
a devise of real property or a bequest of personal property is	2165
made to a relative of a testator and the relative was dead at the	2166
time the will was made or dies after that time, leaving issue	2167
surviving the testator, those issue shall take by representation	2168
the devised or bequeathed property as the devisee or legatee would	2169
have done if hethe devisee or legatee had survived the testator.	2170
If the testator devised or bequeathed a residuary estate or the	2171
entire estate after debts, other general or specific devises and	2172
bequests, or an interest less than a fee or absolute ownership to	2173
that devisee or legatee and relatives of the testator and if that	2174
devisee or legatee leaves no issue, the estate devised or	2175
bequeathed shall vest in the other devisees or legatees surviving	2176
the testator in ~~such~~the proportions asthat the testamentary	2177
share of each devisee or legatee in the devised or bequeathed	2178
property bears to the total of the shares of all of the surviving	2179
devisees or legatees, unless a different disposition is made or	2180
required by the will.	2181

Sec. 2107.53. When part of the real ~~estate~~property of a	2182
testator descends to ~~his~~the testator's heirs because it was not	2183
disposed of by ~~his~~the testator's will, and ~~his~~the testator's	2184
personal ~~estate~~property is insufficient to pay ~~his~~the testator's	2185
debts, the undevised real ~~estate~~property shall be chargeable	2186
first with the debts, as far as it will go, in exoneration of the	2187
real ~~estate~~property that is devised, unless it appears from the	2188
will that a different arrangement of assets was made for the	2189
payment of ~~such~~the testator's debts, in which case ~~such~~the	2190
assets shall be applied for that purpose in conformity with the	2191
will.	2192

Sec. 2107.54. (A) When real or personal property, devised or	2193
bequeathed, is taken from the devisee or legatee for the payment	2194
of a debt of the testator, the other devisees and legatees shall	2195
contribute their respective proportions of the loss to the person	2196
from whom ~~such~~the payment was taken so that the loss will fall	2197
equally on all the devisees and legatees according to the value of	2198
the property received by each of them.	2199

If, by making a specific devise or bequest, the testator has	2200
exempted a devisee or legatee from liability to contribute to the	2201
payment of debts, or if the will makes a different provision for	2202
the payment of debts than the one prescribed in this section, the	2203
estate shall be applied in conformity with the will.	2204

(B) A devisee or legatee shall not be prejudiced by the fact	2205
that the holder of a claim secured by lien on the property devised	2206
or bequeathed failed to present ~~such~~the claim to the executor or	2207
administrator for allowance within the time allowed by sections	2208
2117.06 and 2117.07 of the Revised Code, and the devisee or	2209
legatee shall be restored by right of contribution, exoneration,	2210
or subrogation, to the position hethe devisee or legatee would	2211
have occupied if ~~such~~the claim had been presented and allowed for	2212
~~such~~the sum asthat is justly owing on it.	2213

(C) A devisee of real ~~estate~~property that is subject to a	2214
mortgage lien that exists on the date of the testator's death, who	2215
does not have a right of exoneration that extends to that lien	2216
because of the operation of division (B) of section 2113.52 of the	2217
Revised Code, has a duty to contribute under this section to	2218
devisees and legatees who are burdened if the claim secured by the	2219
lien is presented and allowed pursuant to Chapter 2117. of the	2220
Revised Code.	2221

(D) This section does not affect the liability of the whole	2222
estate of the testator for the payment of ~~his~~the testator's	2223
debts. This section applies only to the marshaling of the assets	2224
as between those who hold or claim under the will.	2225

Sec. 2107.55. When a part of the estate of a testator	2226
descends to a child born or adopted, or to an heir designated,	2227
after the execution of the will, or to a child absent and reported	2228
to be dead at the time of execution of the will but later found to	2229
be alive, or to a witness to a will who is a devisee or legatee,	2230
~~such~~the estate and the advancement made to ~~such~~the child, heir,	2231
or witness for all the purposes mentioned in section 2107.54 of	2232
the Revised Code shall be considered as if it had been devised to	2233
~~such~~that child, heir, or witness and hethe child, heir, or	2234
witness shall be bound to contribute with the devisees and	2235
legatees, as provided by ~~such~~that section, and may claim	2236
contribution from them accordingly.	2237

Sec. 2107.56. When any of the persons liable to contribute	2238
toward the discharge of a testator's debt according to sections	2239
2107.54 and 2107.55 of the Revised Code, is insolvent, the others	2240
shall be severally liable to each other for the loss occasioned by	2241
~~such~~the insolvency, each being liable in proportion to the value	2242
of the property received by ~~him~~the person from the estate of the	2243
deceased. If any one of the persons liable dies without paying ~~his~~	2244
the person's proportion of ~~such~~the debt, ~~his~~the executors and	2245
administrators of the person's estate shall be liable ~~therefor~~for	2246
that proportion to the extent to which hethe person would have	2247
been liable if living.	2248

Sec. 2107.58. When a sale of ~~lands~~real property aliened or	2249
unaliened by a devisee or heir is ordered for the payment of the	2250
debts of an estate, sections 2107.53 to 2107.57~~, inclusive,~~ of the	2251
Revised Code do not prevent the probate court from making ~~such~~an	2252
order and decree for the sale of any portion of the aliened or	2253
unaliened ~~land as~~real property that is equitable ~~between~~among	2254
the ~~several~~ parties, and making an order of contribution and	2255
further order and decree to settle and adjust the various rights	2256
and liabilities of the parties.	2257

Sec. 2107.59. When a ~~last~~ will ~~and testament~~ is admitted to	2258
probate, or a will made out of this state is admitted to record as	2259
provided by sections 2129.05 to 2129.07 of the Revised Code, and	2260
~~lands, tenements, or hereditaments~~interests in real property are	2261
given or devised by ~~such~~the will to the executors named in the	2262
will, or nominated pursuant to a power as described in section	2263
2107.65 of the Revised Code, to be sold or conveyed, or ~~such~~	2264
~~estate~~the interests in real property thereby isare ordered to be	2265
sold by ~~such~~the executors and one or more of the executors dies,	2266
refuses to act, or neglects to take upon ~~himself~~self the	2267
execution of the will, then all sales and conveyances of ~~such~~	2268
~~estate~~the interests in real property by the executors who took	2269
upon themselves in this state the execution of the will, or the	2270
survivor of them, shall be as valid as if the remaining executors	2271
had joined in the sale and conveyance. But if none of ~~such~~the	2272
executors take upon themselves the execution of the will, or if	2273
all the executors who take out letters testamentary die, resign,	2274
or are removed before the sale and conveyance of ~~such estate~~the	2275
interests in real property, or die, resign, or are removed after	2276
the sale and before the conveyance is made, the sale or	2277
conveyance, or both, shall be made by the administrator with the	2278
will annexed or, if any, by a successor executor or successor	2279
coexecutor nominated pursuant to a power as described in section	2280
2107.65 of the Revised Code.	2281

Sec. 2107.60. An oral will, made in the last sickness, shall	2282
be valid in respect to personal ~~estate~~property if reduced to	2283
writing and subscribed by two competent disinterested witnesses	2284
within ten days after the speaking of the testamentary words. ~~Such~~	2285
The witnesses ~~must~~shall prove that the testator was of sound mind	2286
and memory, not under restraint, and that hethe testator called	2287
upon some person present at the time the testamentary words were	2288
spoken to bear testimony to ~~such~~the disposition as ~~his~~the	2289
testator's will.	2290

No oral will shall be admitted to record unless it is offered	2291
for probate within ~~six~~three months after the death of the	2292
testator.	2293

Sec. 2107.61. Unless it has been admitted to probate or	2294
record, as provided in sections 2107.01 to 2107.62~~, inclusive, and~~	2295
or 2129.05 to 2129.07~~, inclusive,~~ of the Revised Code, no will is	2296
effectual to ~~pass~~transfer real or personal ~~estate~~property.	2297

Sec. 2107.65. A testator may confer in ~~his~~the testator's	2298
will, upon one or more persons, the power to nominate, in writing,	2299
an executor, coexecutor, successor executor, or successor	2300
coexecutor, and also may provide in ~~his~~the will that the person	2301
or persons so nominated may serve without bond. If a will confers	2302
~~such a~~that power, the holders of it have the authority to	2303
nominate themselves as executor, coexecutor, successor executor,	2304
or successor coexecutor unless the will provides to the contrary.	2305

Sec. 2107.71. (A) A person interested in a will or codicil	2306
admitted to probate in the probate court~~, which will or codicil~~	2307
that has not been declared valid by judgment of a probate court	2308
pursuant to section 2107.084 of the Revised Code, or ~~which will or~~	2309
~~codicil~~that has been declared valid by judgment of a probate	2310
court pursuant to section 2107.084 of the Revised Code, but ~~which~~	2311
has been removed from the possession of the probate judge, may	2312
contest its validity by filing a ~~civil action~~complaint in the	2313
probate court in the county in which ~~such~~the will or codicil was	2314
admitted to probate.	2315

(B) Except as otherwise provided in this division, no person	2316
may contest the validity of any will or codicil as to facts	2317
decided if it was submitted to a probate court by ~~its maker~~the	2318
testator during ~~his~~the testator's lifetime and declared valid by	2319
judgment of the probate court and filed with the judge of the	2320
probate court pursuant to section 2107.084 of the Revised Code and	2321
if the will was not removed from the possession of the probate	2322
judge. A person may contest the validity of ~~such a~~that will,	2323
modification, or codicil as to ~~such~~those facts if the person is	2324
one who should have been named a party defendant in the action in	2325
which the will, modification, or codicil was declared valid,	2326
pursuant to section 2107.081 or 2107.084 of the Revised Code, and	2327
if the person was not named a defendant and properly served in	2328
~~such~~that action. Upon the filing of ~~an action~~a complaint	2329
contesting the validity of a will or codicil that is authorized by	2330
this division, the court shall proceed with the action in the same	2331
manner as if the will, modification, or codicil had not been	2332
previously declared valid under sections 2107.081 to 2107.085 of	2333
the Revised Code.	2334

(C) No person may introduce, as evidence in an action	2335
authorized by this section contesting the validity of a will, the	2336
fact that the testator of the will did not file a ~~petition~~	2337
complaint for a judgment declaring its validity under section	2338
2107.081 of the Revised Code.	2339

Sec. 2107.73. Persons who are necessary parties to a will	2340
contest action are as follows:	2341

(A) Any person designated in a will to receive a testamentary	2342
disposition of real or personal property;	2343

(B) Heirs who would take property pursuant to section 2105.06	2344
of the Revised Code had the testator died intestate;	2345

2346

(D) The attorney general as provided by section 109.25 of the	2347
Revised Code;	2348

(E) Other interested parties.

2349

Sec. 2107.75. When the jury or the court finds that the	2350
writing produced is not the ~~last~~ will ~~and testament~~ or codicil of	2351
the testator, the trial court shall allow as part of the costs of	2352
administration ~~such~~the amounts to the fiduciary and to the	2353
attorneys defending ~~such~~the purported ~~last~~ will or purported	2354
codicil asthat the trial court finds to be reasonable	2355
compensation for the services rendered in ~~such~~the will contest	2356
action. The court shall order ~~such~~the amounts allowed to be paid	2357
out of the estate of the decedent.	2358

Sec. 2108.51. Any licensed physician or surgeon who, in good	2359
faith and acting in reliance upon an instrument of consent for an	2360
autopsy or post-mortem examination executed under section 2108.50	2361
of the Revised Code and without actual knowledge of revocation of	2362
~~such~~that consent, performs an autopsy or post-mortem examination	2363
is not liable in a civil or criminal action brought against ~~him~~	2364
the licensed physician or surgeon for ~~such~~that act.	2365

Sec. 2109.02. Every fiduciary, before entering upon the	2366
execution of a trust, shall receive letters of appointment from a	2367
probate court having jurisdiction of the subject matter of the	2368
trust.	2369

The duties of a fiduciary shall be those required by law, and	2370
such additional duties as the court orders. Letters of appointment	2371
shall not issue until a fiduciary has executed a written	2372
acceptance of the fiduciary's duties, acknowledging that the	2373
fiduciary is subject to removal for failure to perform the	2374
fiduciary's duties, and that the fiduciary is subject to possible	2375
penalties for conversion of property the fiduciary ~~holds~~held as a	2376
fiduciary. The written acceptance may be filed with the	2377
application for appointment.	2378

No act or transaction by a fiduciary is valid prior to the	2379
issuance of letters of appointment to the fiduciary. This section	2380
does not prevent an executor named in a will, an executor	2381
nominated pursuant to a power as described in section 2107.65 of	2382
the Revised Code, or a person with the right of disposition under	2383
section 2108.70 or 2108.81 of the Revised Code from paying funeral	2384
expenses, or prevent necessary acts for the preservation of the	2385
trust estate prior to the issuance of ~~such~~those letters.	2386

Sec. 2109.021. After letters of appointment are issued to a	2387
fiduciary, the court shall accept filings by mail in matters of	2388
estates, guardianships, or trusts, unless the court in writing	2389
notifies the fiduciary or attorney of record that a personal	2390
appearance is necessary, or a personal appearance is otherwise	2391
required by law. AnThe court shall reject an improper or	2392
incomplete filing ~~shall be rejected,~~ and ~~that court~~ shall return	2393
it to the sender~~, and impose a cost of two dollars and fifty cents~~	2394
~~per improper or incomplete filing, chargeable against the estate~~.	2395

Sec. 2109.03. At the time of the appointment of a fiduciary,	2396
~~such~~the fiduciary shall file in the probate court the name of the	2397
attorney, if any, who will represent ~~him~~the fiduciary in matters	2398
relating to the trust. After the name of an attorney has been	2399
filed, notices sent to ~~such~~that fiduciary in ~~his~~the fiduciary's	2400
official capacity shall also be sent by the court to ~~such~~that	2401
attorney who may sign waiver of service of any or all of ~~such~~the	2402
notices upon ~~him~~the attorney. If the fiduciary is absent from the	2403
state, ~~such~~the attorney shall be the agent of the fiduciary upon	2404
whom summonses, citations, and notices may be served. Any summons,	2405
citation, or notice may be served upon the fiduciary by delivering	2406
duplicate copies ~~thereof~~of the summons, citation, or notice to	2407
the attorney designated by ~~him~~the fiduciary. No probate judge	2408
shall permit any person to practice law in the probate court for	2409
compensation, unless hethe person has been admitted to the	2410
practice of law within the state. This section does not prevent	2411
any person from representing ~~his~~the person's own interest in any	2412
estate, matter, action, or proceeding.	2413

Sec. 2109.04. (A)(1) Unless otherwise provided by law,	2414
order, or local rule, every fiduciary, prior to the issuance of	2415
the fiduciary's letters as provided by section 2109.02 of the	2416
Revised Code, shall file in the probate court in which the	2417
letters are to be issued a bond with a penal sum in ~~such~~an	2418
amount ~~as may be~~that is fixed by the court, but in no event less	2419
than double the probable value of the personal ~~estate~~property	2420
and of the annual real ~~estate~~property rentals ~~which~~that will	2421
come into ~~such person's hands~~the possession or under the control	2422
of the person as a fiduciary. The bond of a fiduciary shall be in	2423
a form approved by the court and signed by two or more personal	2424
sureties or by one or more corporate sureties approved by the	2425
court. It shall be conditioned that the fiduciary faithfully and	2426
honestly will discharge the duties devolving upon the person as	2427
fiduciary, and shall be conditioned further as may be provided by	2428
law.	2429

(2) Except as otherwise provided in this division, if the	2430
instrument creating the trust dispenses with the giving of a bond,	2431
the court shall appoint a fiduciary without bond, unless the court	2432
is of the opinion that the interest of the trust demands it. If	2433
the court is of that opinion, it may require bond to be given in	2434
any amount it fixes. If a parent nominates a guardian for the	2435
parent's child in a will and provides in the will that the	2436
guardian may serve without giving bond, the court may appoint the	2437
guardian without bond or require the guardian to give bond in	2438
accordance with division (A)(1) of this section.	2439

(3) A guardian of the person only does not have to give bond	2440
unless, for good cause shown, the court considers a bond to be	2441
necessary. When a bond is required of a guardian of the person	2442
only, it shall be determined and filed in accordance with division	2443
(A)(1) of this section. This division does not apply to a guardian	2444
of the person only nominated in a parent's will if the will	2445
provides that the guardian may serve without giving bond.	2446

(4) When the probable value of the personal ~~estate~~property	2447
and of the annual real ~~estate~~property rentals that will come	2448
into the ~~guardian's hands~~possession or under the control of the	2449
guardian as a fiduciary is less than ten thousand dollars, the	2450
court may waive or reduce a bond required by division (A)(1) of	2451
this section.	2452

(B) When an executive director who is responsible for the	2453
administration of children services in the county is appointed as	2454
trustee of the estate of a ward pursuant to section 5153.18 of the	2455
Revised Code and has furnished bond under section 5153.13 of the	2456
Revised Code, or when an agency under contract with the department	2457
of developmental disabilities for the provision of protective	2458
service under sections 5123.55 to 5123.59 of the Revised Code is	2459
appointed as trustee of the estate of a ward under ~~such~~ sections	2460
5123.55 to 5123.59 of the Revised Code and any employees of the	2461
agency having custody or control of funds or property of ~~such a~~	2462
that ward have furnished bond under section 5123.59 of the	2463
Revised Code, the court may dispense with the giving of a bond.	2464

(C) When letters are granted without bond, at any later	2465
period on its own motion or upon the application of any party	2466
interested, the court may require bond to be given in ~~such~~an	2467
amount ~~as may be~~that is fixed by the court. On failure to give	2468
~~such~~that bond, the defaulting fiduciary shall be removed.	2469

No instrument authorizing a fiduciary whom it names to serve	2470
without bond shall be construed to relieve a successor fiduciary	2471
from the necessity of giving bond, unless the instrument clearly	2472
evidences ~~such~~that intention.	2473

The court ~~by which~~that appoints a fiduciary ~~is appointed~~ may	2474
reduce the amount of the bond of ~~such~~the fiduciary at any time	2475
for good cause shown.	2476

When two or more persons are appointed as joint fiduciaries,	2477
the court may take a separate bond from each or a joint bond from	2478
all.	2479

Sec. 2109.05. When ~~deemed~~considered necessary by the	2480
probate court and not otherwise directed in the will, a bond, as	2481
provided by sections 2109.01 to 2109.58~~, inclusive,~~ of the Revised	2482
Code, shall be required in all trusts created by will and not	2483
fully discharged, on the petition of an interested person and	2484
after notice to the trustee.	2485

If ~~such a~~the trustee fails to give bond within the time	2486
ordered by the court, ~~he shall be removed~~the court shall remove	2487
the trustee from ~~his~~the trust or be considered to have declined	2488
it. ~~Another person may be appointed in his stead upon giving the~~	2489
~~required bond.~~	2490

Sec. 2109.06. The probate court by which a fiduciary is	2491
appointed may, on its own motion or on the application of any	2492
interested party, and after notice to the fiduciary, require a new	2493
bond or sureties or an additional bond or sureties, whenever, in	2494
the opinion of ~~such~~the court, the interests of the trust demand	2495
it.	2496

Immediately upon the filing of the inventory by a fiduciary,	2497
the court shall determine whether the amount of the bond of ~~such~~	2498
the fiduciary is sufficient and shall require new or additional	2499
bond if in the opinion of the court the interests of the trust	2500
demand it.	2501

When a new bond is required as provided in this section, the	2502
sureties in the prior bond shall nevertheless be liable for all	2503
breaches of the conditions set forth in ~~such~~the bond ~~which~~that	2504
are committed before the new bond is approved by the court.	2505

AThe court shall remove a fiduciary who fails within the	2506
time fixed by the court to furnish new or additional bond or	2507
sureties ~~shall be removed~~, and ~~some other person appointed in his~~	2508
~~stead, as the circumstances of the case require~~the court shall	2509
appoint a successor fiduciary.	2510

Sec. 2109.07. (A) The bond required of an administrator by	2511
section 2109.04 of the Revised Code shall not be required in	2512
either of the following cases:	2513

(1) It shall not be required of a surviving spouse to	2514
administer the deceased spouse's estate if the surviving spouse is	2515
entitled to the entire net proceeds of the estate.	2516

(2) It shall not be required of an administrator to	2517
administer an estate if there is no will, if the administrator is	2518
the next of kin, and if the administrator is entitled to the	2519
entire net proceeds of the estate.	2520

(B) The bond otherwise required by section 2109.04 of the	2521
Revised Code of an administrator shall be conditioned as follows:	2522

(1) To file with the probate court within the time required	2523
by section 2115.02 of the Revised Code an inventory of all	2524
tangible and intangible personal property of the deceased that is	2525
to be administered and that comes to the administrator's	2526
possession or knowledge and an inventory of the deceased's	2527
interest in real ~~estate~~property located in this state;	2528

(2) To administer and distribute according to law all	2529
tangible and intangible personal property of the deceased, the	2530
proceeds of any action for wrongful death or of any settlement,	2531
with or without suit, of a wrongful death claim, and the proceeds	2532
of all real ~~estate~~property in which the deceased had an interest,	2533
that is located in this state, and that is sold, when the property	2534
or proceeds have come to the possession of the administrator or to	2535
the possession of a person for the administrator;	2536

(3) To render a just and true account of the administrator's	2537
administration at the times required by section 2109.301 of the	2538
Revised Code;	2539

(4) To deliver the letters of administration into court if a	2540
will of the deceased is proved and allowed.	2541

Sec. 2109.09. (A) Unless the testator has specified	2542
otherwise in the will, the bond required of an executor by section	2543
2109.04 of the Revised Code shall not be required of the executor	2544
to administer an estate in accordance with the will of the	2545
testator if the executor is the next of kin and if the executor is	2546
entitled to the entire net proceeds of the estate.	2547

(B) The bond otherwise required of an executor by section	2548
2109.04 of the Revised Code shall be conditioned as follows:	2549

(1) To file with the probate court within the time required	2550
by section 2115.02 of the Revised Code an inventory of all the	2551
tangible and intangible personal property of the testator that is	2552
to be administered and that comes to the executor's possession or	2553
knowledge and an inventory of the testator's interest in real	2554
~~estate~~property located in this state;	2555

(2) To administer and distribute according to law and the	2556
will of the testator all the testator's tangible and intangible	2557
personal property, the proceeds of any action for wrongful death	2558
or of any settlement, with or without suit, of a wrongful death	2559
claim, and the proceeds of all real ~~estate~~property in which the	2560
testator had an interest, that is located in this state, and that	2561
is sold, when the property or proceeds have come to the possession	2562
of the executor or to the possession of another person for the	2563
executor;	2564

(3) To render a just and true account of the executor's	2565
administration at the times required by section 2109.301 of the	2566
Revised Code.	2567

Sec. 2109.10. If an executor or administrator is sole	2568
residuary legatee or distributee and if division (A) of section	2569
2109.07 or division (A) of section 2109.09 of the Revised Code	2570
does not apply, instead of giving the bond prescribed by section	2571
2109.04 of the Revised Code, the executor or administrator may	2572
give a bond to the satisfaction of the probate court conditioned	2573
as follows:	2574

(A) To pay the costs of administration and all the debts and	2575
legacies of the decedent to the extent of the assets of the	2576
estate;	2577

(B) If there is a will, to pay over the testator's estate to	2578
the person entitled to the testator's estate if the will is set	2579
aside;	2580

(C) If there is no will offered at the opening of the estate,	2581
to pay over the testator's estate to the person entitled to the	2582
testator's estate if a will is probated after the administrator's	2583
initial appointment.	2584

The giving of ~~such~~that bond shall not discharge the lien on	2585
the decedent's real ~~estate~~property for the payment of the	2586
decedent's debts, except that part ~~which~~that has been lawfully	2587
sold by the executor or administrator.	2588

Sec. 2109.11. The bond required by section 2109.04 of the	2589
Revised Code of a testamentary trustee shall be conditioned as	2590
follows:	2591

(A) To make and return to the probate court within the time	2592
required by section 2109.58 of the Revised Code a true inventory	2593
of all moneys, ~~chattels,~~ rights, credits, other personal property,	2594
and real ~~estate~~property belonging to the trust that come to the	2595
trustee's possession or knowledge;	2596

(B) To administer and distribute according to law and the	2597
will of the testator all moneys, ~~chattels,~~ rights, credits, other	2598
personal property and real ~~estate~~property belonging to the trust	2599
that come to the possession of the trustee or to the possession of	2600
any other person for the trustee;	2601

(C) To render a just and true account of the trustee's	2602
administration at the times required by section 2109.303 of the	2603
Revised Code.	2604

Sec. 2109.12. Any bond required by or pursuant to section	2605
2109.04 of the Revised Code of a guardian shall be conditioned as	2606
follows:	2607

(A) If applicable, to make and return to the probate court	2608
within the time required by section 2111.14 of the Revised Code a	2609
true inventory of all moneys, ~~chattels,~~ rights, credits, other	2610
personal property, and real ~~estate~~property belonging to the ward	2611
that come to the guardian's possession or knowledge;	2612

(B) To administer and distribute according to law all moneys,	2613
~~chattels,~~ rights, credits, other personal property, and real	2614
~~estate~~property belonging to the ward that come to the possession	2615
of the guardian or to the possession of any other person for the	2616
guardian;	2617

(C) To render a just and true account of the guardian's	2618
administration at any times required by or pursuant to section	2619
2109.302 of the Revised Code.	2620

Sec. 2109.14. If the estate held by a fiduciary consists in	2621
whole or in part of works of nature or of art ~~which~~that are	2622
suitable for preservation and exhibition in a museum or other	2623
similar institution, the probate court may authorize and direct	2624
that any or all of ~~such~~those works be deposited with a	2625
corporation conducting ~~such a~~the museum or other similar	2626
institution; provided that no such deposit shall be authorized or	2627
directed except with a corporation having a net worth of at least	2628
ten times the value of the works to be deposited. ~~Such~~The deposit	2629
shall be made in the name of the fiduciary, and the property	2630
deposited shall not be withdrawn from the custody of ~~such~~the	2631
depository or otherwise deposited except upon the special order of	2632
the court. The probate judge may impose ~~such~~any conditions	2633
relative to insurance and the care and protection of the property	2634
deposited asthat the court thinks best for the interests of the	2635
estate and the beneficiaries ~~thereof~~of the estate. After ~~such~~the	2636
deposit has been made, a receipt for ~~said~~that property executed	2637
by ~~said~~that corporation shall be filed with the court, ~~which~~and	2638
the receipt shall acknowledge that ~~said~~the property is held by	2639
~~said~~that corporation subject to the order of the court. When	2640
~~such~~the receipt is filed, the court may fix or reduce the amount	2641
of the bond so that the amount of the penalty ~~thereof~~of the bond	2642
is determined with respect to the value of the remainder only of	2643
the estate or fund, without including the value of the property	2644
deposited. Neither the fiduciary nor ~~his~~the fiduciary's sureties	2645
shall be liable for any loss to the trust estate resulting from a	2646
deposit authorized and directed by the court pursuant to this	2647
section, provided ~~such~~the fiduciary has acted in good faith.	2648

Sec. 2109.17. If the bond of a fiduciary is executed by	2649
personal sureties, one or more of ~~such~~the sureties shall be a	2650
resident of the county in which ~~such~~the fiduciary applies for	2651
appointment. The sureties shall own real property worth double the	2652
sum to be secured, over and above all encumbrances, and shall have	2653
property in this state liable to execution equal to the sum to be	2654
secured. When two or more sureties are offered on the same bond	2655
they must have in the aggregate the qualifications prescribed in	2656
this section. ~~Such~~The sureties shall qualify under oath and may	2657
be required to exhibit to the probate court satisfactory evidence	2658
of the ownership of ~~such~~the real property.	2659

No corporate surety shall be acceptable on a fiduciary's bond	2660
in ~~such~~the probate court unless ~~such~~the surety is acceptable to	2661
the United States government on surety bonds in ~~like~~the same	2662
amount, as shown by the regulations issued by the secretary of the	2663
treasury of the United States, or in any other manner, to the	2664
satisfaction of the court. ~~Such~~The surety shall also be qualified	2665
to do business in this state.	2666

A surety on the bond of a fiduciary shall not be held liable	2667
for any debt of ~~such~~the fiduciary to the estate represented by	2668
~~him~~the fiduciary existing at the time ~~such~~the fiduciary was	2669
appointed; but ~~such~~the surety shall be liable to the extent that	2670
~~such~~the debt has been made uncollectible by wrongful act of ~~such~~	2671
the fiduciary after appointment.	2672

Sec. 2109.19. If a fiduciary wastes or unfaithfully	2673
administers an estate, on the application of a surety on the	2674
fiduciary's bond the probate court granting letters of appointment	2675
to ~~such~~the fiduciary may order ~~him~~the fiduciary to render an	2676
account and to execute to ~~such~~the surety a bond of indemnity with	2677
sureties approved by the court. Upon neglect or refusal to execute	2678
~~such~~the bond within the time ordered, the court may remove ~~such~~	2679
the fiduciary, revoke ~~his~~the fiduciary's letters of appointment,	2680
and appoint another fiduciary in ~~his~~the fiduciary's place.	2681

Sec. 2109.20. Instead of the sureties required on ~~his~~a	2682
guardian's bond by section 2109.04 of the Revised Code, a guardian	2683
of the person and estate or of the estate only of any ward may	2684
execute to the ward a mortgage upon unencumbered real ~~estate~~	2685
property. The guardian first shall furnish to the probate court a	2686
title guarantee or a mortgagee's title insurance policy for the	2687
benefit of the guardianship, with respect to the real ~~estate~~	2688
property, and it shall be shown to the court's satisfaction that,	2689
exclusive of improvements on the real ~~estate~~property, the real	2690
~~estate~~property is of a value sufficient to secure the bond. The	2691
mortgage shall be recorded in the county in which the property is	2692
situated and filed with the court.	2693

Sec. 2109.21. (A) An administrator, special administrator,	2694
administrator de bonis non, or administrator with the will annexed	2695
shall be a resident of this state and shall be removed on proof	2696
that the administrator is no longer a resident of this state.	2697

(B)(1) To qualify for appointment as executor or trustee, an	2698
executor or a trustee named in a will or nominated in accordance	2699
with any power of nomination conferred in a will, may be a	2700
resident of this state or, as provided in this division, a	2701
nonresident of this state. To qualify for appointment, a	2702
nonresident executor or trustee named in, or nominated pursuant	2703
to, a will shall be an individual who is related to the maker of	2704
the will by consanguinity or affinity, or a person who resides in	2705
a state that has statutes or rules that authorize the appointment	2706
of a nonresident person who is not related to the maker of a will	2707
by consanguinity or affinity, as an executor or trustee when named	2708
in, or nominated pursuant to, a will. No such executor or trustee	2709
shall be refused appointment or removed solely because the	2710
executor or trustee is not a resident of this state.	2711

The court may require that a nonresident executor or trustee	2712
named in, or nominated pursuant to, a will assure that all of the	2713
assets of the decedent that are in the county at the time of the	2714
death of the decedent will remain in the county until distribution	2715
or until the court determines that the assets may be removed from	2716
the county.	2717

(2) In accordance with this division and section 2129.08 of	2718
the Revised Code, the court shall appoint as an ancillary	2719
administrator a person who is named in the will of a nonresident	2720
decedent, or who is nominated in accordance with any power of	2721
nomination conferred in the will of a nonresident decedent, as a	2722
general executor of the decedent's estate or as executor of the	2723
portion of the decedent's estate located in this state, whether or	2724
not the person so named or nominated is a resident of this state.	2725

To qualify for appointment as an ancillary administrator, a	2726
person who is not a resident of this state and who is named or	2727
nominated as described in this division, shall be an individual	2728
who is related to the maker of the will by consanguinity or	2729
affinity, or a person who resides in a state that has statutes or	2730
rules that authorize the appointment of a nonresident of that	2731
state who is not related to the maker of a will by consanguinity	2732
or affinity, as an ancillary administrator when the nonresident is	2733
named in a will or nominated in accordance with any power of	2734
nomination conferred in a will. If a person who is not a resident	2735
of this state and who is named or nominated as described in this	2736
division so qualifies for appointment as an ancillary	2737
administrator and if the provisions of section 2129.08 of the	2738
Revised Code are satisfied, the court shall not refuse to appoint	2739
the person, and shall not remove the person, as ancillary	2740
administrator solely because the person is not a resident of this	2741
state.	2742

The court may require that an ancillary administrator who is	2743
not a resident of this state and who is named or nominated as	2744
described in this division, assure that all of the assets of the	2745
decedent that are in the county at the time of the death of the	2746
decedent will remain in the county until distribution or until the	2747
court determines that the assets may be removed from the county.	2748

(C)(1) A guardian shall be a resident of the county, except	2749
that the court may appoint a nonresident of the county who is a	2750
resident of this state as guardian of ~~the person,~~ the estate~~, or~~	2751
~~both~~; that a nonresident of the county or of this state may be	2752
appointed a guardian, if named in a will by a parent of a minor or	2753
if selected by a minor over the age of fourteen years as provided	2754
by section 2111.12 of the Revised Code; and that a nonresident of	2755
the county or of this state may be appointed a guardian if	2756
nominated in or pursuant to a durable power of attorney as	2757
described in division (D) of section 1337.09 of the Revised Code	2758
or a writing as described in division (A) of section 2111.121 of	2759
the Revised Code. A guardian, other than a guardian named in a	2760
will by a parent of a minor, selected by a minor over the age of	2761
fourteen years, or nominated in or pursuant to ~~such~~ a durable	2762
power of attorney or writing, may be removed on proof that the	2763
guardian is no longer a resident of the county or state in which	2764
the guardian resided at the time of the guardian's appointment.	2765

(2) The court may appoint a resident or nonresident of this	2766
state as guardian of the person.	2767

(D) Any fiduciary, whose residence qualifications are not	2768
defined in this section, shall be a resident of this state, and	2769
shall be removed on proof that the fiduciary is no longer a	2770
resident of this state.	2771

(E) Any fiduciary, in order to assist in the carrying out of	2772
the fiduciary's fiduciary duties, may employ agents who are not	2773
residents of the county or of this state.	2774

(F) Every fiduciary shall sign and file with the court a	2775
statement of permanent address and shall notify the court of any	2776
change of address. A court may remove a fiduciary if the fiduciary	2777
fails to comply with this division.	2778

Sec. 2109.22. The marriage of any person does not disqualify	2779
~~him~~the person from acting as fiduciary, whether the marriage	2780
occurs before or after ~~his~~the person's appointment and	2781
qualification, and all of ~~his~~the person's acts in ~~such~~that	2782
capacity shall have the same validity as though hethe person were	2783
unmarried.	2784

Sec. 2109.24. The probate court at any time may accept the	2785
resignation of any fiduciary upon the fiduciary's proper	2786
accounting, if the fiduciary was appointed by, is under the	2787
control of, or is accountable to the court. The fiduciary may	2788
resign by filing a written statement with the court after giving	2789
at least fifteen days notice to the persons known to be interested	2790
in the estate. Upon notice or a motion of the fiduciary to resign,	2791
the court may set the matter for a hearing and may notify all	2792
interested persons. No fiduciary shall resign without an order of	2793
the court.	2794

If a fiduciary fails to make and file an inventory as	2795
required by sections 2109.58, 2111.14, and 2115.02 of the Revised	2796
Code or to render a just and true account of the fiduciary's	2797
administration at the times required by section 2109.301,	2798
2109.302, or 2109.303 of the Revised Code, and if the failure	2799
continues for thirty days after the fiduciary has been notified by	2800
the court of the expiration of the relevant time, the fiduciary	2801
forthwith may be removed by the court and shall receive no	2802
allowance for the fiduciary's services unless the court enters	2803
upon its journal its findings that the delay was necessary and	2804
reasonable.	2805

The court may remove any fiduciary, after giving the	2806
fiduciary not less than ten days' notice, for habitual	2807
drunkenness, neglect of duty, incompetency, or fraudulent conduct,	2808
because the interest of the property, testamentary trust, or	2809
estate that the fiduciary is responsible for administering demands	2810
it, or for any other cause authorized by law.	2811

The court may remove a testamentary trustee upon the written	2812
application of more than one-half of the persons having an	2813
interest in the estate controlled by the testamentary trustee, but	2814
the testamentary trustee is not to be considered as a person	2815
having an interest in the estate under the proceedings; except	2816
that no testamentary trustee appointed under a will shall be	2817
removed upon ~~such~~the written application unless for a good cause.	2818

Upon the resignation or removal of the fiduciary, the court	2819
shall revoke all letters of authority for the fiduciary.	2820

Sec. 2109.25. (A) Whenever it appears to the satisfaction of	2821
the probate court that a fiduciary is unable to perform ~~his~~the	2822
fiduciary's duties because hethe fiduciary is engaged or is about	2823
to engage in military service as defined by this section, the	2824
court may remove ~~such~~the fiduciary and appoint a substitute or	2825
authorize the remaining fiduciaries to execute the trust. ~~Such~~	2826
That action may be taken on the court's own motion or on the	2827
application of any party in interest, including the fiduciary or	2828
cofiduciary, either without notice or upon notice to ~~such~~those	2829
persons and in ~~such~~the manner asthat the court shall direct.	2830

If any of the duties of ~~such~~that office remain unexecuted	2831
when a fiduciary who has resigned or been removed on account of	2832
~~his~~the fiduciary's military service ceases to be in ~~such~~that	2833
military service, hethe fiduciary shall be reappointed as	2834
fiduciary upon ~~his~~the fiduciary's application to the court and	2835
upon ~~such~~any notice asthat the court may direct, provided hethe	2836
fiduciary is at the time a suitable and competent person and has	2837
the qualifications as to residence required by section 2109.21 of	2838
the Revised Code. If ~~such~~the person is reappointed, the court	2839
shall remove the substitute fiduciary and revoke ~~his~~the	2840
substitute fiduciary's letters of appointment, and shall make such	2841
further order or decree as justice requires.	2842

~~"Military service," as~~(B) As used in this section, "military	2843
service" means any service, work, or occupation ~~which~~that in the	2844
opinion of the court is directly or indirectly in furtherance of	2845
any military effort of the United States. ~~Such definition~~	2846
"Military service" includes internment in an enemy country,	2847
residence in any foreign country, or residence in any possession	2848
or dependency of the United States, if by reason ~~thereof~~of the	2849
internment or residence the fiduciary is unable to return to this	2850
state.	2851

Sec. 2109.26. If a sole fiduciary dies, is dissolved,	2852
declines to accept, resigns, is removed, or becomes incapacitated	2853
prior to the termination of the trust, the probate court shall	2854
require a final account of all dealings of ~~such~~the trust to be	2855
filed ~~forthwith~~ by ~~such~~the fiduciary if a living person and able	2856
to act. If ~~such~~the fiduciary is a living person but unable to	2857
act, ~~such~~the final account shall be filed by ~~his~~the fiduciary's	2858
guardian, or, if there is no guardian, by some other suitable	2859
person in ~~his~~the fiduciary's behalf, appointed or approved by the	2860
court. If ~~such~~the fiduciary is a deceased person, ~~such~~the final	2861
account shall be filed by ~~his~~the fiduciary's executor or	2862
administrator. If no estate is commenced for a deceased fiduciary,	2863
the deceased fiduciary's successor shall file the final account.	2864
If ~~such~~the fiduciary is a dissolved corporation, ~~such~~the final	2865
account shall be filed by ~~such~~those persons as are charged by law	2866
with winding up the affairs of ~~such~~the dissolved corporation.	2867
~~Thereupon the~~The court shall cause ~~such~~the proceedings to be	2868
had as are provided by sections 2109.30 to 2109.36~~, inclusive,~~ of	2869
the Revised Code.	2870

Whenever such a vacancy occurs and ~~such~~that contingency is	2871
not otherwise provided for by law or by the instrument creating	2872
the trust, or whenever ~~such~~the instrument names no fiduciary, the	2873
court shall, on its own motion or on the application of any person	2874
beneficially interested, issue letters of appointment as fiduciary	2875
to ~~some~~a competent person or persons who shall qualify according	2876
to law and execute the trust to its proper termination. ~~Such~~The	2877
vacancy and the appointment of a successor fiduciary shall not	2878
affect the liability of the former fiduciary or ~~his~~the former	2879
fiduciary's sureties ~~which~~that was previously incurred.	2880

Sec. 2109.302. (A) Every guardian or conservator shall	2881
render an account of the administration of the ward's estate at	2882
least once in each two years. The guardian or conservator shall	2883
render an account at any time other than a time otherwise	2884
mentioned in this section upon the order of the probate court	2885
issued for good cause shown either at its own instance or upon the	2886
motion of any person interested in the estate. Except as provided	2887
in division (B) of this section, every guardian or conservator	2888
shall render a final account within thirty days after completing	2889
the administration of the ward's estate or within any other period	2890
of time that the court may order.	2891

Every account shall include an itemized statement of all	2892
receipts of the guardian or conservator during the accounting	2893
period and of all disbursements and distributions made by the	2894
guardian or conservator during the accounting period. The itemized	2895
disbursements and distributions shall be verified by vouchers or	2896
proof, except in the case of an account rendered by a corporate	2897
fiduciary subject to section 1111.28 of the Revised Code. In	2898
addition, the account shall include an itemized statement of all	2899
funds, assets, and investments of the estate known to or in the	2900
possession of the guardian or conservator at the end of the	2901
accounting period and shall show any changes in investments since	2902
the last previous account.	2903

Every account shall be upon the signature of the guardian or	2904
conservator. When two or more guardians or conservators render an	2905
account, the court may allow the account upon the signature of one	2906
of the guardians or conservators.	2907

Upon the filing of every account, the guardian or	2908
conservator, except a corporate fiduciary subject to section	2909
1111.28 of the Revised Code, shall exhibit to the court for its	2910
examination both of the following: the securities shown in the	2911
account as being in the ~~hands~~possession or under the control of	2912
the guardian or conservator, or the certificate of the person in	2913
possession of the securities, if held as collateral or pursuant to	2914
section 2109.13 or 2131.21 of the Revised Code; and a passbook or	2915
certified bank statement showing as to each depository the fund	2916
deposited to the credit of the ward's estate. The court may	2917
designate a deputy clerk, an agent of a corporate surety on the	2918
bond of the guardian or conservator, or another suitable person	2919
whom the court appoints as commissioner to make the examination	2920
and to report the person's findings to the court. ~~When~~If	2921
securities are located outside the county, the court may appoint a	2922
commissioner or request another probate court to make the	2923
examination and to report its findings to the court. The court may	2924
examine the guardian or conservator under oath concerning the	2925
account.	2926

~~When~~If a guardian or conservator is authorized by law to	2927
distribute the assets of the estate, in whole or in part, the	2928
guardian or conservator may do so and include a report of the	2929
distribution in the guardian's or conservator's succeeding	2930
account.	2931

(B)(1) The court may waive, by order, an account that	2932
division (A) of this section requires of a guardian of the estate	2933
or of a guardian of the person and estate, other than an account	2934
made pursuant to court order, if any of the following	2935
circumstances apply:	2936

(a) The assets of the estate consist entirely of real	2937
property.	2938

(b) The assets of the estate consist entirely of personal	2939
property, that property is held by a bank, savings and loan	2940
association, or trust company in accordance with section 2109.13	2941
of the Revised Code, and the court has authorized expenditures of	2942
not more than ten thousand dollars annually for the support,	2943
maintenance, or, if applicable, education of the ward.	2944

(c) The assets of the estate consist entirely of real	2945
property and of personal property that is held by a bank, savings	2946
and loan association, or trust company in accordance with section	2947
2109.13 of the Revised Code, and the court has authorized	2948
expenditures of not more than ten thousand dollars annually for	2949
the support, maintenance, or, if applicable, education of the	2950
ward.	2951

(2) The order of a court entered pursuant to division (B)(1)	2952
of this section is prima-facie evidence that a guardian of the	2953
estate or a guardian of the person and estate has authority to	2954
make expenditures as described in divisions (B)(1)(b) and (c) of	2955
this section.	2956

(3) Notwithstanding the requirements for accounts by other	2957
guardians under this section, a guardian of the person is not	2958
required to render an account except upon an order of the court	2959
that the court issues for good cause shown either at its own	2960
instance or upon the motion of any person interested in the	2961
estate.	2962

Sec. 2109.303. (A) Except as provided in division (B) of	2963
this section, every testamentary trustee shall, and every other	2964
fiduciary not subject to section 2109.301 or 2109.302 of the	2965
Revised Code may, render an account of the trustee's or other	2966
fiduciary's administration of the estate or trust at least once in	2967
each two years. Any testamentary trustee or other fiduciary shall	2968
render an account, subject to division (B) of this section, at any	2969
time other than a time otherwise mentioned in this section upon an	2970
order of the court issued for good cause shown either at its own	2971
instance or upon the motion of any person interested in the estate	2972
or trust. Every testamentary trustee shall, and every other	2973
fiduciary may, render a final account within thirty days after	2974
completing the administration of the estate or trust or shall file	2975
a final account within any other period of time that the court may	2976
order.	2977

Every account shall include an itemized statement of all	2978
receipts of the testamentary trustee or other fiduciary during the	2979
accounting period and of all disbursements and distributions made	2980
by the testamentary trustee or other fiduciary during the	2981
accounting period. The itemized disbursements and distributions	2982
shall be verified by vouchers or proof, except in the case of an	2983
account rendered by a corporate fiduciary subject to section	2984
1111.28 of the Revised Code. In addition, the account shall	2985
include an itemized statement of all funds, assets, and	2986
investments of the estate or trust known to or in the possession	2987
of the testamentary trustee or other fiduciary at the end of the	2988
accounting period and shall show any changes in investments since	2989
the last previous account. The accounts of testamentary trustees	2990
shall, and the accounts of other fiduciaries may, show receipts	2991
and disbursements separately identified as to principal and	2992
income.	2993

Every account shall be upon the signature of the testamentary	2994
trustee or other fiduciary. When two or more testamentary trustees	2995
or other fiduciaries render an account, the court may allow the	2996
account upon the signature of one of them.	2997

Upon the filing of every account, the testamentary trustee or	2998
other fiduciary, except a corporate fiduciary subject to section	2999
1111.28 of the Revised Code, shall exhibit to the court for its	3000
examination both of the following: the securities shown in the	3001
account as being in the ~~hands~~possession or under the control of	3002
the testamentary trustee or other fiduciary, or the certificate of	3003
the person in possession of the securities, if held as collateral	3004
or pursuant to section 2109.13 or 2131.21 of the Revised Code; and	3005
a passbook or certified bank statement showing as to each	3006
depository the fund deposited to the credit of the estate or	3007
trust. The court may designate a deputy clerk, an agent of a	3008
corporate surety on the bond of the testamentary trustee or other	3009
fiduciary, or another suitable person whom the court appoints as	3010
commissioner to make the examination and to report the person's	3011
findings to the court. ~~When~~If securities are located outside the	3012
county, the court may appoint a commissioner or request another	3013
probate court to make the examination and to report its findings	3014
to the court. The court may examine the testamentary trustee or	3015
other fiduciary under oath concerning the account.	3016

~~When~~If a testamentary trustee or other fiduciary is	3017
authorized by law or by the instrument governing distribution to	3018
distribute the assets of the estate or trust, in whole or in part,	3019
the testamentary trustee or other fiduciary may do so and include	3020
a report of the distribution in the testamentary trustee's or	3021
fiduciary's succeeding account.	3022

(B) If the assets of a testamentary charitable trust are held	3023
and managed by a testamentary trustee or other fiduciary who is an	3024
individual or by a corporate fiduciary and if the trust merges	3025
into a qualified community foundation, then, after the	3026
testamentary trustee or other fiduciary files with the court a	3027
final and distributive account pertaining to the trust and	3028
activities up to the effective date of the merger, the	3029
testamentary trustee or other fiduciary and any successors of the	3030
testamentary trustee or other fiduciary shall not be required to	3031
render any accounting to the court pertaining to the merged trust	3032
and activities that follow the effective date of the merger.	3033

3034

(1) "Charitable trust" has the same meaning as in section	3035
109.23 of the Revised Code.	3036

(2) "Qualified community foundation" means any foundation	3037
that is exempt from federal income taxation under sections	3038
170(b)(1)(A)(vi) and 501(c)(3) of the "Internal Revenue Code of	3039
1986," 100 Stat. 2085, 26 U.S.C. 170(b)(1)(A)(vi) and 501 (c)(3),	3040
as amended; that is further described in section 1.170A-9(10) and	3041
(11) of Title 26 of the Code of Federal Regulations, 26 C.F.R.	3042
1.170A-9(10) and (11), as amended; and that publishes at least	3043
annually and circulates widely within its community an audited	3044
report of its fund balances, activities, and donors.	3045

(3) "Testamentary charitable trust" means any charitable	3046
trust that is created by a will.	3047

(4) "Other fiduciary" means a fiduciary other than an	3048
executor, administrator, guardian, conservator, or testamentary	3049
trustee.	3050

Sec. 2109.32. (A) Every fiduciary's account required by	3051
section 2109.301, 2109.302, or 2109.303 of the Revised Code shall	3052
be set for hearing before the probate court. The hearing on the	3053
account shall be set not earlier than thirty days after the filing	3054
of the account.	3055

At the hearing upon an account required by section 2109.302	3056
or 2109.303 of the Revised Code and, if ordered by the court, upon	3057
an account required by section 2109.301 of the Revised Code, the	3058
court shall inquire into, consider, and determine all matters	3059
relative to the account and the manner in which the fiduciary has	3060
executed the fiduciary's trust, including the investment of trust	3061
funds, and may order the account approved and settled or make any	3062
other order asthat the court considers proper. If, at the hearing	3063
upon an account, the court finds that the fiduciary has fully and	3064
lawfully administered the estate or trust and has distributed the	3065
assets of the estate or trust in accordance with the law or the	3066
instrument governing distribution, as shown in the account, the	3067
court shall order the account approved and settled and may order	3068
the fiduciary discharged. Upon approval of a final and	3069
distributive account required by division (B)(1) of section	3070
2109.301 of the Revised Code, the court may order the surety bond	3071
for the fiduciary terminated. Unless otherwise ordered by the	3072
court, the fiduciary shall be discharged without further order	3073
twelve months following the approval of the final and distributive	3074
account.	3075

(B)(1) An administrator or executor filing an account	3076
pursuant to section 2109.301 of the Revised Code shall provide at	3077
the time of filing the account a copy of the account to each heir	3078
of an intestate estate or to each beneficiary of a testate estate.	3079
An administrator or executor is not required to provide a copy of	3080
the account to any of the following:	3081

(a) An heir or a beneficiary whose residence is unknown;

3082

(b) A beneficiary of a specific bequest or devise who has	3083
received ~~his or her~~the beneficiary's distribution and for which a	3084
receipt has been filed or exhibited with the court.	3085

(2) An administrator or executor filing an account pursuant	3086
to section 2109.301 of the Revised Code shall file with the	3087
probate court a certificate of service of account prior to or	3088
simultaneously with the filing of the account.	3089

(3) The probate court shall not approve the final account of	3090
any executor or administrator until the following events have	3091
occurred:	3092

(a) Three months have passed since the death of the decedent.

3093

(b) The surviving spouse has filed an election to take under	3094
or against the will, or the time for making the election has	3095
expired.	3096

(4) If an administrator or executor learns of the existence	3097
of newly discovered assets after the filing of the final account	3098
or otherwise comes into possession of assets belonging to the	3099
estate after the filing of the final account, the executor or	3100
administrator shall file a supplemental final account with respect	3101
to the disposition of the assets and shall provide a copy of the	3102
supplemental final account to each heir of an intestate estate or	3103
to each beneficiary of a testate estate, as provided in division	3104
(B)(1) of this section and subject to the exceptions specified in	3105
divisions (B)(1)(a) and (b) of this section.	3106

(C) The rights of any person with a pecuniary interest in the	3107
estate are not barred by approval of an account pursuant to	3108
divisions (A) and (B) of this section. These rights may be barred	3109
following a hearing on the account pursuant to section 2109.33 of	3110
the Revised Code.	3111

Sec. 2109.33. A fiduciary may serve notice of the hearing	3112
upon ~~his~~the fiduciary's account to be conducted under section	3113
2109.32 of the Revised Code, or may cause the notice to be served,	3114
upon any person who is interested in the estate or trust;	3115
including creditors as the court may direct. The probate court,	3116
after notice to the fiduciary upon the motion of any interested	3117
person for good cause shown or at its own instance, may order that	3118
a notice of the hearing is to be served upon persons the court	3119
designates.	3120

The notice shall be made by mail in addition to service by	3121
publication, shall set forth the time and place of the hearing,	3122
and shall specify the account to be considered and acted upon by	3123
the court at the hearing and the period of time covered by the	3124
account. It shall contain a statement to the effect that the	3125
person notified is required to examine the account, to inquire	3126
into the contents of the account and into all matters that may	3127
come before the court at the hearing on the account, and to file	3128
any exceptions that the person may have to the account at least	3129
five days prior to the hearing on the account, and that upon ~~his~~	3130
the person's failure to file exceptions, the account may be	3131
approved without further notice. If the person to be notified was	3132
not a party to the proceeding in which any prior account was	3133
settled, the notice, for the purpose of barring any rights	3134
possessed by that person, may include and specify the prior	3135
accounts and the periods of time covered by them. In that event,	3136
the notice shall inform the person notified that the approval of	3137
the account filed most recently will terminate any rights	3138
possessed by ~~him~~the person to vacate the order settling each	3139
prior account so specified, except as provided in section 2109.35	3140
of the Revised Code, and shall further inform the person that,	3141
under penalty of losing those rights, ~~he forthwith~~the person	3142
shall examine each prior account so specified, shall inquire into	3143
its contents, and, if ~~he deems~~the person considers it necessary	3144
to protect ~~his~~the person's rights, shall take the action with	3145
respect to ~~his~~the person's rights that is permitted by law.	3146

The notice of the hearing upon an account shall be served at	3147
least fifteen days prior to the hearing on the account. Any	3148
competent person may waive service of notice and consent to the	3149
approval of any account by the court. Waivers of service and	3150
consents to approval shall be recorded with the account.	3151

Any person interested in an estate or trust may file	3152
exceptions to an account or to matters pertaining to the execution	3153
of the trust. All exceptions shall be specific and written.	3154
Exceptions shall be filed and a copy of them furnished to the	3155
fiduciary by the exceptor, not less than five days prior to the	3156
hearing on the account. The court for cause may allow further time	3157
to file exceptions. If exceptions are filed to an account, the	3158
court may allow further time for serving notice of the hearing	3159
upon any person who may be affected by an order disposing of the	3160
exceptions and who has not already been served with notice of the	3161
hearing in accordance with this section.	3162

A probate court, by local rule, may require that notice of	3163
the hearing on a final account be given to all heirs in an	3164
intestate estate and to all residuary beneficiaries in a testate	3165
estate.	3166

Any notice that is required or permitted by this section or	3167
by any local rule adopted under authority of this section shall be	3168
served, and any waiver of the right to receive any notice of those	3169
types may be waived, in accordance with the Rules of Civil	3170
Procedure.	3171

Sec. 2109.34. If an interest in an estate or trust is or may	3172
be possessed by persons who will compose a certain class upon the	3173
happening of any future event, the unborn members of ~~such~~that	3174
class shall be ~~deemed~~considered to be represented in any hearing	3175
upon a fiduciary's account required by section 2109.32 of the	3176
Revised Code, if any living member of the class is made a party to	3177
~~such~~that proceeding or if a trustee for the proceeding is	3178
appointed by the probate court. The unborn members of ~~such~~the	3179
class need not be served by publication. An order made in ~~such~~	3180
the proceeding shall be binding upon all members of ~~such~~the	3181
class, except that ~~such~~the order may be vacated for fraud as	3182
provided in section 2109.35 of the Revised Code.	3183

If the beneficiaries, both present and future, of a	3184
charitable trust are not represented by a trustee or an existing	3185
corporation or other organization, they shall be represented in	3186
any ~~such~~ proceeding under this section by the attorney general if	3187
hethe attorney general is made a party ~~thereto~~to the proceeding.	3188
Any order made in the proceeding shall be binding upon ~~such~~those	3189
beneficiaries, except for fraud.	3190

Sec. 2109.35. The order of the probate court upon the	3191
settlement of a fiduciary's account shall have the effect of a	3192
judgment and may be vacated only as follows:	3193

(A) The order may be vacated for fraud, upon motion of any	3194
person affected by the order or upon the court's own order, if the	3195
motion is filed or order is made within one year after discovery	3196
of the existence of the fraud. Any person who is subject to any	3197
legal disability may file the motion at any time within one year	3198
after the removal of the legal disability or within one year after	3199
hethe person discovers the existence of the fraud, whichever is	3200
later, or ~~his~~the person's guardian or a successor guardian may do	3201
so during the period of the legal disability. If the death of any	3202
person occurs during the period within which hethe person could	3203
have filed the motion, ~~his~~the person's administrator or executor	3204
may file it within one year after the person's death.	3205

(B) The order may be vacated for good cause shown, other than	3206
fraud, upon motion of any person affected by the order who was not	3207
a party to the proceeding in which the order was made and who had	3208
no knowledge of the proceeding in time to appear in it; provided	3209
that, if the account settled by the order is included and	3210
specified in the notice to that person of the proceeding in which	3211
a subsequent account is settled, the right of that person to	3212
vacate the order shall terminate upon the settlement of the	3213
subsequent account. A person affected by an order settling an	3214
account shall be deemed to have been a party to the proceeding in	3215
which the order was made if that person was served with notice of	3216
the hearing on the account in accordance with section 2109.33 of	3217
the Revised Code, waived that notice, consented to the approval of	3218
the account, filed exceptions to the account, or is bound by	3219
section 2109.34 of the Revised Code; but no person in being who is	3220
under legal disability at the time of that proceeding shall be	3221
deemed to have been a party to that proceeding unless hethe	3222
person was represented in it as provided in section 2111.23 of the	3223
Revised Code. Neither the fiduciary nor ~~his~~the fiduciary's surety	3224
shall incur any liability as a result of the vacation of an order	3225
settling an account in accordance with this division, if the	3226
motion to vacate the order is filed more than three years	3227
following the settlement of the fiduciary's account showing	3228
complete distribution of assets; but the three-year period shall	3229
not affect the liability of any heir, devisee, or distributee	3230
either before or after the expiration of that period.	3231

(C) The order may be vacated for good cause shown upon motion	3232
of the fiduciary, if the motion is filed prior to the settlement	3233
of the account showing that the fiduciary has fully discharged his	3234
trust.	3235

A motion to vacate an order settling an account shall set	3236
forth the items of the account with respect to which complaint is	3237
made and the reasons for complaining of those items. The person	3238
filing a motion to vacate an order settling an account or another	3239
person the court may designate shall cause notice of the hearing	3240
on the motion to be served upon all interested parties who may be	3241
adversely affected by an order of the court granting the motion.	3242

An order settling an account shall not be vacated unless the	3243
court determines that there is good cause for doing so, and the	3244
burden of proving good cause shall be upon the complaining party.	3245

The vacation of an order settling an account, made after	3246
notice given in the manner provided in section 2109.33 of the	3247
Revised Code, shall not affect the rights of a purchaser for value	3248
in good faith, a lessee for value in good faith, or an	3249
encumbrancer for value in good faith; provided that, if the	3250
fiduciary has effected any such sale, lease, or encumbrance, any	3251
person prejudiced by it may proceed, after vacation of the order,	3252
against any distributee benefiting from the sale, lease, or	3253
encumbrance to the extent of the amount received by that	3254
distributee on distribution of the estate or trust, or if any	3255
heir, devisee, or distributee has effected any such sale, lease,	3256
or encumbrance, any person prejudiced by it may proceed, after the	3257
vacation of the order, against that heir, devisee, or distributee,	3258
to the extent of the value at the time of alienation of the	3259
property aliened by ~~him~~the person, with legal interest.	3260

Sec. 2109.36. An application for an order of distribution of	3261
the assets of an estate or trust held by a fiduciary may be set	3262
for hearing before the probate court at such time as the court	3263
shall designate. The fiduciary may serve notice of the hearing	3264
upon ~~such~~the application, or cause ~~such~~the notice to be served,	3265
upon any person who may be affected by an order disposing thereof;	3266
or the court, upon motion of any interested person for good cause	3267
shown or at its own instance, may order ~~such~~the notice to be	3268
served upon any such person. ~~Such~~The notice shall set forth the	3269
time and place of the hearing and shall be accompanied by a	3270
statement of the proposed distribution. At the hearing upon the	3271
application the court shall inquire into, consider, and determine	3272
all matters relative thereto, and make ~~such~~the order as the court	3273
deems proper. If the court makes an order of distribution, the	3274
fiduciary shall comply ~~therewith~~with the order and shall account	3275
to the court for ~~his~~the fiduciary's distribution, verified by	3276
vouchers or proof. An order of distribution shall have the effect	3277
of a judgment. ~~Such~~The order may be reviewed upon appeal and may	3278
be vacated as provided in section 2109.35 of the Revised Code.	3279

Sec. 2109.361. (A) As used in this section, "third-party	3280
distribution" means the distribution by a fiduciary of an estate	3281
or trust of the assets of that estate or trust when both of the	3282
following apply:	3283

(1) The fiduciary makes the distribution to either of the	3284
following persons:	3285

(a) The transferee of a beneficiary;

3286

(b) Any person pursuant to an agreement, request, or	3287
instruction of a beneficiary or pursuant to a legal claim against	3288
a beneficiary.	3289

(2) The distribution is the subject of an agreement between a	3290
beneficiary and any person that requires the fiduciary or	3291
beneficiary to pay a percentage of an inheritance or a dollar	3292
amount to any person other than the beneficiary.	3293

(B) Prior to making a third-party distribution, the affected	3294
beneficiary or the affected beneficiary's guardian or other legal	3295
representative of the beneficiary may file an application for the	3296
approval of a third-party distribution with the probate court. An	3297
application filed pursuant to this division shall identify the	3298
person to whom the third-party distribution is to be made,	3299
disclose the basis for making the third-party distribution, and	3300
include a copy of any written agreement between the affected	3301
beneficiary and the person to whom the third-party distribution is	3302
to be made.	3303

(C) The probate court shall hold a hearing on an application	3304
filed under division (B) of this section. The applicant shall	3305
serve notice of the hearing on all interested parties at least	3306
fifteen days prior to the hearing in accordance with Civil Rule	3307
73. An interested party may waive notice of the hearing in	3308
accordance with Civil Rule 73.	3309

(D) The probate court may approve the third-party	3310
distribution in whole or in part, as the court determines is just	3311
and equitable. To the extent that the application is approved, the	3312
court shall determine whether the third-party distribution is	3313
properly charged solely against the beneficiary's share of the	3314
estate or trust or whether some or all of the third-party	3315
distribution is properly charged against the residue of the	3316
affected estate or trust. The court may consider any relevant	3317
factors in evaluating the application, including, but not limited	3318
to, any of the following:	3319

(1) The amount or percentage of the affected beneficiary's	3320
share that would be the subject of the proposed third-party	3321
distribution measured against the reasonable value of any ~~goods~~	3322
assets or services the person to whom the third-party distribution	3323
would be made provided to the beneficiary or to the estate or	3324
trust;	3325

(2) Whether the agreement, request, or instructions of the	3326
affected beneficiary were procured by duress, fraud,	3327
misrepresentation, undue influence, or other unfair means;	3328

(3) Whether the amount of the proposed third-party	3329
distribution is fixed or contingent under the terms of the	3330
agreement between the affected beneficiary and the recipient of	3331
the proposed third-party distribution;	3332

(4) Whether the beneficiary was represented by an attorney	3333
during the pendency of the probate action, or the beneficiary	3334
authorized the recipient of the proposed third-party distribution	3335
to retain an attorney who is licensed to practice law in Ohio for	3336
the beneficiary to formally represent the beneficiary in any	3337
proceeding regarding the decedent's estate, and the recipient of	3338
the proposed third-party distribution is responsible for paying	3339
the attorney's fees;	3340

(5) The extent, if any, to which the recipient of the	3341
proposed third-party distribution incurred expenses in connection	3342
with the services provided to the affected beneficiary, estate, or	3343
trust;	3344

(6) Whether the beneficiary was required to advance any	3345
payments for fees or expenses to the recipient of the proposed	3346
third-party distribution.	3347

(E) Division (D)(4) of this section does not prohibit the	3348
beneficiary from retaining the beneficiary's own legal counsel.	3349

(F) This section does not apply to third-party distributions	3350
to an attorney who represents a beneficiary and does not affect	3351
any other provision of law regarding the compensation of	3352
attorneys.	3353

Sec. 2109.37. (A) Except as otherwise provided by law,	3354
including division (D) of this section, or by the instrument	3355
creating the trust, a fiduciary having funds belonging to a trust	3356
which are to be invested may invest them in the following:	3357

(1) Bonds or other obligations of the United States or of	3358
this state;	3359

(2) Bonds or other interest-bearing obligations of any	3360
county, municipal corporation, school district, or other legally	3361
constituted political taxing subdivision within the state,	3362
provided that such county, municipal corporation, school district,	3363
or other subdivision has not defaulted in the payment of the	3364
interest on any of its bonds or interest-bearing obligations, for	3365
more than one hundred twenty days during the ten years immediately	3366
preceding the investment by the fiduciary in the bonds or other	3367
obligations, and provided that such county, municipal corporation,	3368
school district, or other subdivision, is not, at the time of the	3369
investment, in default in the payment of principal or interest on	3370
any of its bonds or other interest-bearing obligations;	3371

(3) Bonds or other interest-bearing obligations of any other	3372
state of the United States which, within twenty years prior to the	3373
making of such investment, has not defaulted for more than ninety	3374
days in the payment of principal or interest on any of its bonds	3375
or other interest-bearing obligations;	3376

(4) Any bonds issued by or for federal land banks and any	3377
debentures issued by or for federal intermediate credit banks	3378
under the "Federal Farm Loan Act of 1916," 39 Stat. 360, 12	3379
U.S.C.A. 641, as amended; or any debentures issued by or for banks	3380
for cooperatives under the "Farm Credit Act of 1933," 48 Stat.	3381
257, 12 U.S.C.A. 131, as amended;	3382

(5) Notes which are: (a) secured by a first mortgage on real	3383
~~estate~~property held in fee and located in the state, improved by	3384
a unit designed principally for residential use for not more than	3385
four families or by a combination of such dwelling unit and	3386
business property, the area designed or used for nonresidential	3387
purposes not to exceed fifty per cent of the total floor area; (b)	3388
secured by a first mortgage on real ~~estate~~property held in fee	3389
and located in the state, improved with a building designed for	3390
residential use for more than four families or with a building	3391
used primarily for business purposes, if the unpaid principal of	3392
the notes secured by such mortgage does not exceed ten per cent of	3393
the value of the estate or trust or does not exceed five thousand	3394
dollars, whichever is greater; or (c) secured by a first mortgage	3395
on an improved farm held in fee and located in the state, provided	3396
that such mortgage requires that the buildings on the mortgaged	3397
property shall be well insured against loss by fire, and so kept,	3398
for the benefit of the mortgagee, until the debt is paid, and	3399
provided that the unpaid principal of the notes secured by the	3400
mortgage shall not exceed fifty per cent of the fair value of the	3401
mortgaged real ~~estate~~property at the time the investment is made,	3402
and the notes shall be payable not more than five years after the	3403
date on which the investment in them is made; except that the	3404
unpaid principal of the notes may equal sixty per cent of the fair	3405
value of the mortgaged real ~~estate~~property at the time the	3406
investment is made, and may be payable over a period of fifteen	3407
years following the date of the investment by the fiduciary if	3408
regular installment payments are required sufficient to amortize	3409
four per cent or more of the principal of the outstanding notes	3410
per annum and if the unpaid principal and interest become due and	3411
payable at the option of the holder upon any default in the	3412
payment of any installment of interest or principal upon the	3413
notes, or of taxes, assessments, or insurance premiums upon the	3414
mortgaged premises or upon the failure to cure any such default	3415
within any grace period provided therein not exceeding ninety days	3416
in duration;	3417

(6) Life, endowment, or annuity contracts of legal reserve	3418
life insurance companies regulated by sections 3907.01 to 3907.21,	3419
3909.01 to 3909.17, 3911.01 to 3911.24, 3913.01 to 3913.10,	3420
3915.01 to 3915.15, and 3917.01 to 3917.05 of the Revised Code,	3421
and licensed by the superintendent of insurance to transact	3422
business within the state, provided that the purchase of contracts	3423
authorized by this division shall be limited to executors or the	3424
successors to their powers when specifically authorized by will	3425
and to guardians and trustees, which contracts may be issued on	3426
the life of a ward, a beneficiary of a trust fund, or according to	3427
a will, or upon the life of a person in whom such ward or	3428
beneficiary has an insurable interest and the contracts shall be	3429
drawn by the insuring company so that the proceeds shall be the	3430
sole property of the person whose funds are so invested;	3431

(7) Notes or bonds secured by mortgages and insured by the	3432
federal housing administrator or debentures issued by such	3433
administrator;	3434

(8) Obligations issued by a federal home loan bank created	3435
under the "Federal Home Loan Bank Act of 1932," 47 Stat. 725, 12	3436
U.S.C.A. 1421, as amended;	3437

(9) Shares and certificates or other evidences of deposits	3438
issued by a federal savings and loan association organized and	3439
incorporated under the "Home Owners' Loan Act of 1933," 48 Stat.	3440
128, 12 U.S.C.A. 1461, as amended, to the extent and only to the	3441
extent that those shares or certificates or other evidences of	3442
deposits are insured pursuant to the "Financial Institutions	3443
Reform, Recovery, and Enforcement Act of 1989," 103 Stat. 183, 12	3444
U.S.C.A. 1811, as amended;	3445

(10) Bonds issued by the home owners' loan corporation	3446
created under the "Home Owners' Act of 1933," 48 Stat. 128, 12	3447
U.S.C.A. 1461, as amended;	3448

(11) Obligations issued by the national mortgage association	3449
created under the "National Housing Act," 48 Stat. 1246 (1934), 12	3450
U.S.C.A. 1701, as amended;	3451

(12) Shares and certificates or other evidences of deposits	3452
issued by a domestic savings and loan association organized under	3453
the laws of the state, which association has obtained insurance of	3454
accounts pursuant to the "Financial Institutions Reform, Recovery,	3455
and Enforcement Act of 1989," 103 Stat. 183, 12 U.S.C.A. 1811, as	3456
amended, or as may be otherwise provided by law, only to the	3457
extent that ~~such~~the evidences of deposits are insured under that	3458
act, as amended;	3459

(13) Shares and certificates or other evidences of deposits	3460
issued by a domestic savings and loan association organized under	3461
the laws of the state, provided that no fiduciary may invest ~~such~~	3462
the deposits except with the approval of the probate court, and	3463
then in an amount not to exceed the amount which the fiduciary is	3464
permitted to invest under division (A)(12) of this section;	3465

(14) In savings accounts in, or certificates or other	3466
evidences of deposits issued by, a national bank located in the	3467
state or a state bank located in and organized under the laws of	3468
the state or a credit union located in and organized under the	3469
laws of the state by depositing the funds in the bank, and ~~such~~	3470
the national or state bank when itself acting in a fiduciary	3471
capacity may deposit the funds in savings accounts in, or	3472
certificates or other evidences of deposits issued by, its own	3473
savings department or any bank subsidiary corporation owned or	3474
controlled by the bank holding company that owns or controls ~~such~~	3475
the national or state bank; provided that no deposit shall be made	3476
by any fiduciary, individual, or corporate, unless the deposits of	3477
the depository bank are insured by the federal deposit insurance	3478
corporation created under the "Federal Deposit Insurance	3479
Corporation Act of 1933," 48 Stat. 162, 12 U.S.C. 264, as amended,	3480
and provided that the deposit of the funds of any one trust in any	3481
such savings accounts in, or certificates or other evidences of	3482
deposits issued by, any one bank or credit union shall not exceed	3483
the sum insured under that act, as amended;	3484

(15) Obligations consisting of notes, bonds, debentures, or	3485
equipment trust certificates issued under an indenture, which are	3486
the direct obligations, or in the case of equipment trust	3487
certificates are secured by direct obligations, of a railroad or	3488
industrial corporation, or a corporation engaged directly and	3489
primarily in the production, transportation, distribution, or sale	3490
of electricity or gas, or the operation of telephone or telegraph	3491
systems or waterworks, or in some combination of them; provided	3492
that the obligor corporation is one which is incorporated under	3493
the laws of the United States, any state, or the District of	3494
Columbia, or foreign government, and the obligations are rated at	3495
the time of purchase in the highest or next highest classification	3496
established by at least two standard rating services selected from	3497
a list of the standard rating services which shall be prescribed	3498
by the superintendent of financial institutions; provided that	3499
every such list shall be certified by the superintendent to the	3500
clerk of each probate court in the state, and shall continue in	3501
effect until a different list is prescribed and certified as	3502
provided in this division;	3503

(16) Obligations issued, assumed, or guaranteed by the	3504
international finance corporation or by the international bank for	3505
reconstruction and development, the Asian development bank, the	3506
inter-American development bank, the African development bank, or	3507
other similar development bank in which the president, as	3508
authorized by congress and on behalf of the United States, has	3509
accepted membership, provided that the obligations are rated at	3510
the time of purchase in the highest or next highest classification	3511
established by at least one standard rating service selected from	3512
a list of standard rating services which shall be prescribed by	3513
the superintendent of financial institutions;	3514

(17) Securities of any investment company, as defined in and	3515
registered under sections 3 and 8 of the "Investment Company Act	3516
of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3 and 80a-8, that are	3517
invested exclusively in forms of investment or in instruments that	3518
are fully collateralized by forms of investment in which the	3519
fiduciary is permitted to invest pursuant to divisions (A)(1) to	3520
(16) of this section, provided that, in addition to such forms of	3521
investment, the investment company may, for the purpose of	3522
reducing risk of loss or of stabilizing investment returns, engage	3523
in hedging transactions.	3524

(B) No administrator or executor may invest funds belonging	3525
to an estate in any asset other than a direct obligation of the	3526
United States that has a maturity date not exceeding one year from	3527
the date of investment, or other than in a short-term investment	3528
fund that is invested exclusively in obligations of the United	3529
States or of its agencies, or primarily in such obligations and	3530
otherwise only in variable demand notes, corporate money market	3531
instruments including, but not limited to, commercial paper, or	3532
fully collateralized repurchase agreements or other evidences of	3533
indebtedness that are payable on demand or generally have a	3534
maturity date not exceeding ninety-one days from the date of	3535
investment, except with the approval of the probate court or with	3536
the permission of the instruments creating the trust.	3537

(C)(1) In addition to the investments allowed by this	3538
section, a guardian or trustee, with the approval of the court,	3539
may invest funds belonging to the trust in productive real ~~estate~~	3540
property located within the state, provided that neither the	3541
guardian nor the trustee nor any member of the family of either	3542
has any interest in such real ~~estate~~property or in the proceeds	3543
of the purchase price. The title to any real ~~estate~~property so	3544
purchased by a guardian must be taken in the name of the ward.	3545

(2) Notwithstanding the provisions of division (C)(1) of this	3546
section, the court may permit the funds to be used to purchase or	3547
acquire a home for the ward or an interest in a home for the ward	3548
in which a member of the ward's family may have an interest. After	3549
the filing of the petition by a guardian or a conservator for	3550
authority to purchase or acquire a home for the ward or an	3551
interest in a home for the ward in which a member of the ward's	3552
family may have an interest, the matter shall be set for a	3553
hearing before the probate court.	3554

(D) If the fiduciary is a trustee appointed by and	3555
accountable to the probate court, the fiduciary shall invest the	3556
trust's assets pursuant to the requirements and standards set	3557
forth in the Ohio Uniform Prudent Investor Act.	3558

Sec. 2109.371. (A) In addition to those investments made	3559
eligible by section 2109.37 or 2109.372 of the Revised Code,	3560
investments may be made by a fiduciary other than a guardian under	3561
sections 5905.01 to 5905.19 of the Revised Code, and subject to	3562
the restriction placed on an administrator or executor by division	3563
(B) of section 2109.37 of the Revised Code, in any of the	3564
following kinds and classes of securities, provided that it may be	3565
lawfully sold in Ohio and investment is made only in ~~such~~those	3566
securities as would be acquired by prudent persons of discretion	3567
and intelligence in such matters who are seeking a reasonable	3568
income and the preservation of their capital:	3569

(1) Securities of corporations organized and existing under	3570
the laws of the United States, the District of Columbia, or any	3571
state of the United States, or any foreign government or state,	3572
including, but not limited to, bonds, debentures, notes, equipment	3573
trust obligations, or other evidences of indebtedness, and shares	3574
of common and preferred stocks of ~~such~~those corporations;	3575

(2) Subject to division (C) of this section, collective	3576
investment funds established in accordance with section 1111.14 of	3577
the Revised Code or securities of any investment company,	3578
including any affiliated investment company, whether or not the	3579
fiduciary has invested other funds held by it in an agency or	3580
other nonfiduciary capacity in the securities of the same	3581
investment company or affiliated investment company. ~~Such~~Those	3582
investments may be made regardless of the eligibility of the	3583
underlying assets held by the fund portfolios of the investment	3584
company.	3585

(3) Bonds or other interest-bearing obligations of any state	3586
or territory of the United States, or of any county, city,	3587
village, school district, or other legally constituted political	3588
taxing subdivision of any state or territory of the United States,	3589
not otherwise eligible under division (A)(2) or (3) of section	3590
2109.37 of the Revised Code, or of any foreign government;	3591

(4) Debt or equity securities of foreign corporations that	3592
trade on recognized United States domiciled exchanges.	3593

(B) ~~No investment shall be made pursuant to this section~~	3594
~~which, at the time such investment is made, causes the aggregate~~	3595
~~market value of the investments, not made eligible by section~~	3596
~~2109.37 or 2109.372 of the Revised Code, to exceed sixty per cent~~	3597
~~of the aggregate market value at that time of all the property of~~	3598
~~the fund held by the fiduciary.~~ No sale or other liquidation of	3599
any investment shall be required solely because of any change in	3600
the relative market value of those investments made eligible by	3601
this section and those made eligible by section 2109.37 or	3602
2109.372 of the Revised Code; provided that, in the event of a	3603
sale of investments authorized by this section, the proceeds from	3604
the sale may be reinvested in the kinds and classes of securities	3605
authorized by this section without regard to the percentage	3606
limitation provided in this division. In determining the aggregate	3607
market value of the property of a fund and the percentage of a	3608
fund to be invested under this section, a fiduciary may rely upon	3609
published market quotations as to those investments for which ~~such~~	3610
those quotations are available and upon such valuations of other	3611
investments as, in the fiduciary's best judgment, seem fair and	3612
reasonable according to available information.	3613

(C)(1)(a) A fiduciary making an investment of trust funds in	3614
securities of an affiliated investment company, or a bank	3615
subsidiary corporation or other corporation owned or controlled by	3616
the bank holding company that owns or controls the fiduciary, may	3617
charge a reasonable fee for investment advisory, brokerage,	3618
transfer agency, registrar, management, or other similar services	3619
provided to an affiliated investment company. The fee may be in	3620
addition to the compensation to which the fiduciary is otherwise	3621
entitled to receive from the trust, provided that the fee is	3622
charged as a percentage of either asset value or income earned or	3623
actual amount charged and is disclosed at least annually by	3624
prospectus, account statement, or any other written means to all	3625
persons entitled to receive statements of account activity. The	3626
fiduciary shall disclose the relationship between the fiduciary	3627
and the affiliated investment company, at least annually by	3628
account statement, whether or not the fee is charged.	3629

(b) A fiduciary making an investment of trust funds in	3630
securities of an affiliated investment company pursuant to	3631
division (A)(2) of this section shall, when providing any periodic	3632
account statements to the trust fund, report the net asset value	3633
of the shares comprising the investment of the trust funds in the	3634
affiliated investment company.	3635

(c) If a fiduciary making an investment of trust funds in	3636
securities of an affiliated investment company pursuant to	3637
division (A)(2) of this section invests ~~such~~those funds in any	3638
mutual fund, the fiduciary shall disclose, in at least ten-point	3639
boldface type, by prospectus, account statement, or any other	3640
written means to all persons entitled to receive statements of	3641
account activity, that the mutual fund is not insured or	3642
guaranteed by the federal deposit insurance corporation or by any	3643
other government-sponsored agency of the federal government or of	3644
this state.	3645

(2) Unless the investment of trust funds in securities of an	3646
affiliated investment company can be made under the terms of the	3647
instrument creating the trust, an exception to the investment of	3648
trust funds in securities of an affiliated investment company may	3649
be filed with the probate court. Any exception filed pursuant to	3650
this division ~~must~~shall be signed by all persons who would, at	3651
the time the exception is filed, be permitted to file an exception	3652
to an account pursuant to section 2109.33 of the Revised Code and	3653
~~must~~shall state that all such persons request that the current	3654
investment of trust funds in securities of an affiliated	3655
investment company be terminated within a reasonable time. If the	3656
probate court determines that the exception complies with the	3657
requirements of this division, the probate court shall establish a	3658
schedule for disposing of any current investments in securities of	3659
an affiliated investment company, and the fiduciary shall cause	3660
the trust to dispose of the investments in accordance with the	3661
schedule. The fiduciary shall not be liable for any loss incurred	3662
by the trust as a result of complying with division (C)(2) of this	3663
section.	3664

(D) As used in this section, "affiliated investment company"	3665
and "reasonable fee" have the same meanings as in division (E) of	3666
section 1111.13 of the Revised Code.	3667

Sec. 2109.372. (A) As used in this section:

3668

(1) "Short term trust-quality investment fund" means a short	3669
term investment fund that meets both of the following conditions:	3670

(a) The fund may be either a collective investment fund	3671
established in accordance with section 1111.14 of the Revised Code	3672
or a registered investment company, including any affiliated	3673
investment company whether or not the fiduciary has invested other	3674
funds held by it in an agency or other nonfiduciary capacity in	3675
the securities of the same registered investment company or	3676
affiliated investment company.	3677

(b) The fund is invested in any one or more of the following	3678
manners:	3679

(i) In obligations of the United States or of its agencies;

3680

(ii) In obligations of one or more of the states of the	3681
United States or their political subdivisions;	3682

(iii) In obligations of foreign governments or states;

3683

(iv) In variable demand notes, corporate money market	3684
instruments including, but not limited to, commercial paper rated	3685
at the time of purchase in either of the two highest	3686
classifications established by at least one nationally recognized	3687
standard rating service;	3688

~~(iv)~~(v) Deposits in banks, savings banks, or savings and loan	3689
associations, whose deposits are insured by the federal deposit	3690
insurance corporation, or in credit unions insured by the national	3691
credit union administration or by a credit union share guaranty	3692
corporation established under Chapter 1761. of the Revised Code,	3693
if the rate of interest paid on such deposits is at least equal to	3694
the rate of interest generally paid by such banks, savings banks,	3695
savings and loan associations, or credit unions on deposits of	3696
similar terms or amounts;	3697

~~(v)~~(vi) In fully collateralized repurchase agreements or	3698
other evidences of indebtedness that are of trust quality and are	3699
payable on demand or have a maturity date consistent with the	3700
purpose of the fund and the duty of fiduciary prudence.	3701

(2) "Registered investment company" means any investment	3702
company that is defined in and registered under sections 3 and 8	3703
of the "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A.	3704
80a-3 and 80a-8.	3705

(3) "Affiliated investment company" has the same meaning as	3706
in division (E)(1) of section 1111.13 of the Revised Code.	3707

(B) A fiduciary is not required to invest cash that belongs	3708
to the trust and may hold that cash for the period prior to	3709
distribution if either of the following applies:	3710

(1) The fiduciary reasonably expects to do either of the	3711
following:	3712

(a) Distribute the cash to beneficiaries of the trust on a	3713
quarterly or more frequent basis;	3714

(b) Use the cash for the payment of debts, taxes, or expenses	3715
of administration within the ninety-day period following the	3716
receipt of the cash by the fiduciary.	3717

(2) Determined on the basis of the facilities available to	3718
the fiduciary and the amount of the income that reasonably could	3719
be earned by the investment of the cash, the amount of the cash	3720
does not justify the administrative burden or expense associated	3721
with its investment.	3722

(C) If a fiduciary wishes to hold funds that belong to the	3723
trust in liquid form and division (B) of this section does not	3724
apply, the fiduciary may so hold the funds as long as they are	3725
temporarily invested as described in division (D) of this section.	3726

(D)(1) A fiduciary may make a temporary investment of cash	3727
that the fiduciary may hold uninvested in accordance with division	3728
(B) of this section, and shall make a temporary investment of	3729
funds held in liquid form pursuant to division (C) of this	3730
section, in any of the following investments, unless the governing	3731
instrument provides for other investments in which the temporary	3732
investment of cash or funds is permitted:	3733

(a) A short term trust-quality investment fund;

3734

(b) Direct obligations of the United States or of its	3735
agencies;	3736

3737

(d) A deposit with a bank, savings bank, savings and loan	3738
association, or credit union, including a deposit with the	3739
fiduciary itself or any bank subsidiary corporation owned or	3740
controlled by the bank holding company that owns or controls the	3741
fiduciary, whose deposits are insured by the federal deposit	3742
insurance corporation, if the rate of interest paid on that	3743
deposit is at least equal to the rate of interest generally paid	3744
by that bank, savings bank, savings and loan association, or	3745
credit union on deposits of similar terms or amounts.	3746

(2) A fiduciary that makes a temporary investment of cash or	3747
funds pursuant to division (D)(1) of this section may charge a	3748
reasonable fee for the services associated with that investment.	3749
The fee shall be in addition to the compensation to which the	3750
fiduciary is entitled for ordinary fiduciary services.	3751

(3) Fiduciaries that make one or more temporary investments	3752
of cash or funds pursuant to division (D)(1) of this section shall	3753
provide to the beneficiaries of the trusts involved, that are	3754
currently receiving income or have a right to receive income, a	3755
written disclosure of their temporary investment practices and, if	3756
applicable, the method of computing reasonable fees for their	3757
temporary investment services pursuant to division (D)(2) of this	3758
section. Fiduciaries may comply with this requirement in any	3759
appropriate written document, including, but not limited to, any	3760
periodic statement or account.	3761

(4) A fiduciary that makes a temporary investment of cash or	3762
funds in an affiliated investment company pursuant to division	3763
(D)(1)(a) of this section shall, when providing any periodic	3764
account statements of its temporary investment practices, report	3765
the net asset value of the shares comprising the investment in the	3766
affiliated investment company.	3767

(5) If a fiduciary that makes a temporary investment of cash	3768
or funds in an affiliated investment company pursuant to division	3769
(D)(1)(a) of this section invests in any mutual fund, the	3770
fiduciary shall provide to the beneficiaries of the trust	3771
involved, that are currently receiving income or have a right to	3772
receive income, a written disclosure, in at least ten-point	3773
boldface type, that the mutual fund is not insured or guaranteed	3774
by the federal deposit insurance corporation or by any other	3775
government agency or government-sponsored agency of the federal	3776
government or of this state.	3777

Sec. 2109.38. Sections 2109.37, 2109.371, and 2109.372 of	3778
the Revised Code do not prohibit a fiduciary from retaining any	3779
part of a trust estate as received by ~~him~~the fiduciary even	3780
though ~~such~~that part is not of the class or percentage permitted	3781
to fiduciaries, or from retaining any investment made by ~~him~~the	3782
fiduciary after ~~such~~the investment ceases to be of a class or	3783
exceeds the percentage permitted by law, provided the	3784
circumstances are not such as to require the fiduciary to dispose	3785
of ~~such~~the investment in the performance of ~~his~~the fiduciary's	3786
duties.	3787

Sec. 2109.39. A fiduciary entitled to a distributive share	3788
of the assets of an estate or trust has the same right as other	3789
beneficiaries to accept or demand distribution in kind and may	3790
retain any security or investment so distributed to ~~him~~the	3791
fiduciary as though it were a part of the original estate received	3792
by ~~him~~the fiduciary.	3793

Sec. 2109.40. Unless the instrument creating a trust	3794
forbids, a fiduciary may do all of the things which an individual	3795
holder might do with respect to securities held by ~~him~~the	3796
fiduciary, including the exercise or sale of subscription rights,	3797
the acceptance of new stock in the same corporation in place of	3798
the stock held, or in the event of reorganization, sale, or merger	3799
in a different corporation, and with the approval of the probate	3800
court, the investment of additional funds where required of all	3801
shareholders participating in a reorganization.	3802

Sec. 2109.42. Subject to section 2109.372 of the Revised	3803
Code, a fiduciary who has funds belonging to a trust which are not	3804
required for payment of current obligations of ~~his~~the fiduciary's	3805
trust or distribution shall, unless otherwise ordered by the	3806
probate court, invest such funds within a reasonable time	3807
according to section 2109.37 or 2109.371 of the Revised Code. On	3808
failure to do so, such fiduciary shall account to the trust for	3809
such loss of interest as is found by the court to be due to ~~his~~	3810
the fiduciary's negligence.	3811

Sec. 2109.43. No fiduciary shall make any personal use of	3812
the funds or property belonging to a trust. For a violation of	3813
this section, ~~such~~the fiduciary and ~~his~~the fiduciary's bond	3814
shall be liable in an action for any loss occasioned by such use	3815
and for such additional amount by way of forfeiture, not exceeding	3816
the amount of the loss occasioned by such use, as may be fixed by	3817
the probate court hearing such case. ~~Such~~Those amounts shall be	3818
payable for the benefit of the beneficiary, if living, and to ~~his~~	3819
the beneficiary's estate if hethe beneficiary is deceased. In	3820
addition to the penalties under this section, the court may remove	3821
the fiduciary pursuant to section 2109.24 of the Revised Code for	3822
fraudulent conduct or dereliction of duty related to the	3823
fiduciary's personal use or misuse of funds or property belonging	3824
to a trust. However, if all interested persons consent to the	3825
fiduciary's use of the property in a signed writing filed with the	3826
probate court, the fiduciary may make personal use of property	3827
belonging to the trust.	3828

An action under this section shall be brought not later than	3829
one year after the termination of the trust or the discovery of	3830
~~such~~that loss.	3831

It is within the court's discretion, upon application, notice	3832
to interested persons, and a hearing, to allow the personal use of	3833
trust property by the fiduciary.	3834

Sec. 2109.44. (A) Fiduciaries shall not buy from or sell to	3835
themselves and shall not have in their individual capacities any	3836
dealings with the estate, except as expressly authorized by the	3837
instrument creating the trust and then only ~~1111.13 1111.14~~ with	3838
the approval of the probate court in each instance. No corporate	3839
fiduciary, , as defined in section 1101.01 of the Revised Code,	3840
that is not subject to examination or regulatory oversight by the	3841
superintendent of financial institutions, the comptroller of the	3842
currency, or the office of thrift supervision shall be permitted	3843
to deal with the estate, any power in the instrument creating the	3844
trust to the contrary notwithstanding. This section does not	3845
prohibit a fiduciary from making an advancement when the	3846
advancement has been expressly authorized by the instrument	3847
creating the trust or when the probate court approves or from	3848
engaging in any act authorized by this chapter.	3849

(B) The fiduciary or the attorney for the estate may petition	3850
the court for authority to purchase property of the estate if all	3851
of the following requirements are met:	3852

(1) Written consent to the purchase is signed by both the	3853
following:	3854

(a) Each known heir whose interest in the estate would be	3855
affected by the proposed purchase;	3856

(b) Each known devisee whose interest in the estate would be	3857
affected by the proposed purchase.	3858

(2) The written consents are filed with the court.

3859

(3) The purchase is shown to be to the advantage of the	3860
estate.	3861

(C) The court shall deliver notice of the hearing on the	3862
petition to the heirs, devisees, or legatees of the estate or any	3863
interested person.	3864

Sec. 2109.45. Before the probate court confirms a sale by an	3865
executor, administrator, guardian, assignee, or trustee made under	3866
an order allowing that officer to make a private sale, the court	3867
shall require that officer to file a statement indicating that the	3868
private sale was made after diligent endeavor to obtain the best	3869
price for the property and that the private sale was at the	3870
highest price hethe executor, administrator, guardian, assignee,	3871
or trustee could ~~get~~obtain for the property.	3872

Sec. 2109.46. When it appears to be for the best interests	3873
of the ~~trust~~entrusted estate, a fiduciary other than an executor	3874
or administrator may, with the approval of the probate court,	3875
borrow money and mortgage real ~~estate~~property belonging to the	3876
~~trust~~entrusted estate, whether ~~such~~the real ~~estate~~property was	3877
acquired by purchase or by descent and distribution.	3878

The fiduciary proposing so to borrow money ~~must~~shall file in	3879
the probate court ~~which~~that appointed ~~him~~the fiduciary a	3880
~~petition~~complaint describing all of the real ~~estate~~property in	3881
the trust and stating the nature and amount of the encumbrances	3882
~~thereon~~on that real property, the date ~~such~~those encumbrances	3883
became or will become due, and the rate of interest ~~thereon~~on	3884
those encumbrances. The ~~petition~~complaint shall also contain a	3885
statement of the personal property in the trust, the income from	3886
~~such~~the personal property, and the income from the real ~~estate~~	3887
property in ~~such~~the trust. ~~Such petition~~The complaint if filed	3888
by a guardian shall state the names, ages, and residences of the	3889
ward and next of kin known to be a resident ~~in the~~of this state,	3890
including the spouse of ~~such~~the ward and persons holding liens on	3891
~~such~~the real ~~estate~~property unless the liens will be	3892
extinguished, all of whom ~~must~~shall be made defendants and be	3893
notified of the pendency and prayer of the ~~petition~~complaint in	3894
~~such~~the manner asthat the court directs. In addition ~~such~~	3895
~~petition~~, the complaint shall contain a statement of the nature of	3896
the ~~imbecility~~incompetency or ~~insanity~~incapacity, if any, of	3897
~~such~~the ward, whether temporary or confirmed and its duration.	3898
Except as provided in this section, the defendants and notice	3899
~~thereto~~to the defendants shall be the same as though the real	3900
~~estate~~property proposed to be mortgaged were being sold by the	3901
fiduciary. The ~~petition~~complaint shall set forth the purpose of	3902
the loan, the amount required ~~therefor~~for the loan, and ~~such~~	3903
other facts as may be pertinent to the question whether ~~such~~the	3904
money should be borrowed and shall contain a prayer that the	3905
fiduciary be authorized to mortgage so much of the ward's lands as	3906
may be necessary to secure ~~such~~the loan.	3907

Upon the filing of ~~such petition~~the complaint, the	3908
proceedings as to pleadings and proof shall be the same as on	3909
~~petition~~a complaint to sell real ~~estate~~property belonging to the	3910
trust.	3911

Sec. 2109.47. Before the probate court makes an order	3912
authorizing a guardian to mortgage real ~~estate~~property for the	3913
purpose of borrowing money to make repairs or improvements, the	3914
court shall appoint ~~three~~ disinterested persons whose duty it	3915
shall be to investigate fully the necessity for and the	3916
advisability of making the repairs or improvements and their	3917
probable cost and to report their conclusions to the court.	3918

Sec. 2109.48. If on the final hearing of a fiduciary's	3919
~~petition~~complaint to borrow money and mortgage real ~~estate~~	3920
property belonging to the trust it appears to be for the best	3921
interests of the trust that the prayer of the ~~petition~~complaint	3922
be granted, the probate court shall fix the amount necessary to be	3923
borrowed, direct what ~~lands~~real property shall be encumbered by	3924
mortgage to secure ~~such~~that amount, and issue an order to ~~such~~	3925
the fiduciary directing ~~him~~the fiduciary to ascertain and report	3926
to the court the rate of interest and the length of time for which	3927
hethe fiduciary can borrow ~~such~~that amount.	3928

If ~~such~~the report of the fiduciary and the terms proposed	3929
are satisfactory to the court, they may be accepted and confirmed	3930
and the fiduciary ordered, as fiduciary, to execute a note for	3931
~~such~~ amount to be borrowed and a mortgage on the ~~lands~~real	3932
property so designated, which shall be a valid lien ~~thereon~~on the	3933
property. The fiduciary in no way shall be personally liable for	3934
the payment of any part of the sum borrowed, but ~~such~~the	3935
mortgaged ~~lands~~real property alone shall be bound ~~therefor~~for	3936
its payment. ~~Such~~The court shall direct the distribution of the	3937
fund and the fiduciary shall report to the court, for its	3938
approval, the execution of ~~such~~the notes and mortgage and ~~his~~the	3939
fiduciary's distribution of the fund.	3940

Sec. 2109.49. The probate judge, when the probate judge	3941
~~deems~~considers it necessary or upon the written application of	3942
any party interested in the trust estate, may appoint a suitable	3943
~~persons~~person to investigate the administration of the trust or	3944
estate and report to the court. The expense thereof shall be taxed	3945
as costs against the party asking for ~~such~~the examination or the	3946
trust fund, as the court may decree. This section shall not apply	3947
to a corporate trustee ~~which~~that is subject to section 1111.28 of	3948
the Revised Code.	3949

Sec. 2109.50. Upon complaint made to the probate court of	3950
the county having jurisdiction of the administration of ~~a trust~~an	3951
estate, a testamentary trust, or a guardianship or of the county	3952
~~wherein~~where a person resides against whom the complaint is made,	3953
by a person interested in ~~such trust~~the estate, testamentary	3954
trust, or guardianship or by the creditor of a person interested	3955
in ~~such trust~~the estate, testamentary trust, or guardianship	3956
against any person suspected of having concealed, embezzled, or	3957
conveyed away or of being or having been in the possession of any	3958
moneys, ~~chattels~~personal property, or choses in action of ~~such~~	3959
the estate, testamentary trust, or guardianship, ~~said~~the court	3960
shall by citation~~, attachment or warrant, or, if circumstances~~	3961
~~require it, by warrant or attachment in the first instance,~~or	3962
other judicial order compel the person or persons so suspected to	3963
~~forthwith~~ appear before it to be examined, on oath, touching the	3964
matter of the complaint. ~~Where~~If necessary ~~such~~, the citation,	3965
~~attachment or warrant~~or other judicial order may be issued into	3966
any county in the state and shall be served and returned by the	3967
officer to whom it is delivered. The officer to whom ~~such~~the	3968
process is delivered shall be liable for negligence in its service	3969
or return in ~~like~~a similar manner as sheriffs are liable for	3970
negligence in not serving or returning a capias issued upon an	3971
indictment. Before issuing an extra-county citation~~, attachment or~~	3972
~~warrant~~or other judicial order, the probate judge may require the	3973
complainant to post security with the probate court in ~~such~~an	3974
amount and in ~~such~~a form asthat the probate judge ~~shall find~~	3975
finds acceptable in order to cover the costs of the proceeding	3976
under this section, including in ~~such~~those costs a reasonable	3977
allowance for the ~~travelling~~travel expenses of the person or	3978
persons against whom an extra-county citation~~, attachment or~~	3979
~~warrant~~or other judicial order is to be issued. ~~Such~~The	3980
security may be in the form of a bond, the amount, terms,	3981
conditions, and sureties of which shall be subject to the	3982
approval of the probate judge.	3983

The probate court may initiate proceedings on its own motion.

3984

The probate court shall ~~forthwith~~promptly proceed to hear	3985
and determine the matter.	3986

The examinations, including questions and answers, shall be	3987
reduced to writing, signed by the party examined, and filed in the	3988
probate court.	3989

If required by either party, the probate court shall swear	3990
~~such~~the witnesses ~~as may be~~who are offered by either party	3991
touching the matter of ~~such~~the complaint and cause the	3992
examination of every ~~such~~ witness, including questions and	3993
answers, to be reduced to writing, signed by the witness, and	3994
filed in the probate court.	3995

All costs of ~~such~~the proceedings, including the reasonable	3996
~~travelling~~travel expenses of a person against whom an	3997
extra-county citation~~, attachment or warrant~~or judicial order is	3998
issued, shall be assessed against and paid by the party making the	3999
complaint, except as provided by section 2109.52 of the Revised	4000
Code.	4001

Sec. 2109.51. If a person compelled under section 2109.50 of	4002
the Revised Code to appear for examination refuses to answer	4003
interrogatories propounded, the probate court shall commit ~~such~~	4004
the person to the county jail, and ~~such~~the person shall remain in	4005
close custody until hethe person submits to the court's order.	4006

Sec. 2109.52. When passing on a complaint made under section	4007
2109.50 of the Revised Code, the probate court shall determine, by	4008
the verdict of a jury if either party requires it or without if	4009
not required, whether the person accused is guilty of having	4010
concealed, embezzled, conveyed away, or been in the possession of	4011
moneys, ~~chattels~~personal property, or choses in action of the	4012
~~trust~~ estate, testamentary trust, or guardianship. If ~~such~~the	4013
person is found guilty, the probate court shall assess the amount	4014
of damages to be recovered or the court may order the return of	4015
the specific thing concealed or embezzled or may order restoration	4016
in kind. The probate court may issue a citation or other judicial	4017
order into any county in this state~~, which citation~~that shall be	4018
served and returned as provided in section 2109.50~~, requiring~~of	4019
the Revised Code. The citation or other judicial order shall	4020
require any person ~~to appear before it~~ who claims any interest in	4021
the assets alleged to have been concealed, embezzled, conveyed, or	4022
held in possession ~~and at such~~to appear before the court. At the	4023
hearing, the court may hear and determine questions of title	4024
relating to ~~such~~those assets. In all cases, except when the	4025
person found guilty is the fiduciary, the probate court shall	4026
~~forthwith~~ render judgment in favor of the fiduciary or if there is	4027
no fiduciary in this state, the probate court shall render	4028
judgment in favor of the state, against the person found guilty,	4029
for the amount of the moneys or the value of the ~~chattels~~personal	4030
property or choses in action concealed, embezzled, conveyed away,	4031
or held in possession, together with ten per cent penalty and all	4032
costs of ~~such~~the proceedings or complaint; except that ~~such~~the	4033
judgment shall be reduced to the extent of the value of any thing	4034
specifically restored or returned in kind as provided in this	4035
section.	4036

If the person found guilty is the fiduciary, the probate	4037
court shall ~~forthwith~~ render judgment in favor of the state	4038
against ~~him~~the fiduciary for ~~such~~the amount of the moneys or the	4039
value of the personal property or choses in action concealed,	4040
embezzled, conveyed away, or held in possession, together with	4041
penalty and costs as provided in this section.	4042

Sec. 2109.53. If a judgment is rendered against a fiduciary	4043
under section 2109.52 of the Revised Code, hethe fiduciary shall	4044
~~forthwith~~ be removed by the probate court ~~and that part of the~~	4045
~~trust not already administered shall be committed to some other~~	4046
~~person~~. If any portion of the estate, testamentary trust, or	4047
guardianship remains to be administered by the probate court at	4048
the time of the removal of the fiduciary, the court shall appoint	4049
a new fiduciary to continue the administrative process. A	4050
fiduciary sothat is removed shall not receive compensation for	4051
acting as fiduciary and ~~must~~shall be charged ~~in his account with~~	4052
for the amount of ~~such~~the judgment. ~~Such~~The fiduciary's property	4053
also shall be liable for the satisfaction of the judgment on	4054
execution issued ~~thereon~~on the judgment by ~~his~~the fiduciary's	4055
successor.	4056

Sec. 2109.54. The fiduciary in whose favor a judgment has	4057
been rendered by the probate court under section 2109.52 of the	4058
Revised Code shall ~~forthwith~~ deliver to the clerk of the court of	4059
common pleas a certificate of ~~such~~that judgment in accordance	4060
with section 2329.04 of the Revised Code~~, which certificate the~~.	4061
The probate ~~judge~~court shall ~~make out~~complete and deliver the	4062
certificate to ~~such~~the fiduciary on demand. The clerk shall	4063
~~forthwith~~ issue an execution of the court of common pleas for the	4064
amount of the judgment and the costs that have accrued or that may	4065
accrue ~~thereon~~on the judgment. Thenceforth proceedings on	4066
execution shall be the same as if the judgment had been rendered	4067
in ~~such~~that court of common pleas.	4068

Sec. 2109.55. If a judgment is rendered in the name of the	4069
state under section 2109.52 of the Revised Code and there is no	4070
fiduciary within this state, the prosecuting attorney shall cause	4071
the certificate provided for in section 2109.54 of the Revised	4072
Code to be filed in the clerk's office and proceed ~~thereon~~ to	4073
execution on the judgment as provided in ~~such~~that section. ~~Such~~	4074
The prosecuting attorney shall pay the money realized upon ~~such~~	4075
the execution to the county treasurer for the use of ~~such trust~~	4076
the estate, testamentary trust, or guardianship, reserving ~~such~~	4077
the compensation to ~~himself as~~the prosecuting attorney that the	4078
probate court allows.	4079

Sec. 2109.56. All gifts, grants, or conveyances of ~~land,~~	4080
~~tenements, hereditaments~~real property, rents, or ~~chattels~~	4081
personal property and all bonds, judgments, or executions made or	4082
obtained with intent to avoid the purpose of the proceedings set	4083
forth in sections 2109.50 to 2109.55~~, inclusive,~~ of the Revised	4084
Code, or in contemplation of any examination or complaint provided	4085
for by ~~such~~those sections, shall be void.	4086

Sec. 2109.57. In any action or proceeding pending in a court	4087
of record, if it is made to appear to the court that any person	4088
entitled to all or a part of the proceeds of property sold in ~~such~~	4089
that action or proceeding is unknown or is a nonresident and not	4090
represented in such action or proceeding or that the person	4091
entitled cannot, at the time, definitely be ascertained, the	4092
probate court may appoint a trustee to whom the notes and	4093
mortgages for the unpaid part shall be made, delivered, and paid	4094
and to receive, hold, and manage ~~such~~the proceeds or part ~~thereof~~	4095
of the proceeds. ~~Such~~The trustee shall collect the unpaid part of	4096
the proceeds of the property sold, by action or otherwise, and	4097
shall pay over ~~such~~that fund only on the order of the probate	4098
court appointing ~~him~~the trustee.	4099

Payment to ~~such~~the trustee shall be a bar to any claim	4100
thereafter made by any person and the persons or corporations	4101
paying ~~such~~the money in no case shall be required to see to the	4102
application of the money paid.	4103

If a person entitled to any portion of the money held by ~~such~~	4104
the trustee fails for seven or more years after ~~such~~the trustee's	4105
appointment to make claim to the money and to present the proof	4106
necessary to entitle ~~such~~the person to ~~such~~the money, the	4107
prosecuting attorney of the county in which ~~such~~the trustee was	4108
appointed shall collect it, with the interest accrued ~~thereon~~on	4109
the money, from ~~such~~the trustee and pay it into ~~such~~the county's	4110
treasury, to be placed to the credit of the general fund.	4111

~~When~~Upon application to the probate court ~~which~~that	4112
appointed ~~such~~the trustee ~~is satisfied that a~~and presentment of	4113
the proof necessary to entitle the person ~~who appears and claims~~	4114
to the ~~moneys paid into the county treasury has a right to receive~~	4115
~~them,~~money, the court shall order the payment of the money to the	4116
person in whole or part, less the costs of collection by the	4117
prosecuting attorney~~, such court shall order the payment thereof~~	4118
~~to the person shown to be entitled to such moneys. Such~~. The	4119
person, on the judge's certificate, shall be given a warrant	4120
therefor by the county auditor.	4121

Sec. 2109.58. Each fiduciary as to whom definite provision	4122
is not made in sections 2111.14 and 2115.02 of the Revised Code	4123
shall make and file within three months after ~~his~~the fiduciary's	4124
appointment a full inventory of the real and personal property	4125
~~belonging~~ to ~~the trust~~be entrusted with the fiduciary, its value,	4126
and the value of the yearly rent of the real property.	4127

Except as provided by section 2115.16 of the Revised Code,	4128
exceptions to the inventory of a fiduciary may be filed at any	4129
time within six months after the return of the inventory by any	4130
person interested in the ~~trust~~entrusted property or in any of the	4131
property included in the inventory, but the six-month period shall	4132
not apply in case of fraud or concealment of assets. At the	4133
hearing, the fiduciary and any witness may be examined under oath.	4134
The probate court shall enter its finding on the journal and tax	4135
the costs as may be equitable.	4136

Sec. 2109.59. If a fiduciary, upon demand, refuses or	4137
neglects to pay any creditor whose claim has been allowed by the	4138
fiduciary and not subsequently rejected or to pay any creditor or	4139
make distribution to any person interested in the estate whose	4140
claim or interest has been established by judgment, decree, or	4141
order of court, including an order of distribution, ~~such~~the	4142
creditor or other person may file a petition against the fiduciary	4143
in the probate court from which the fiduciary received ~~his~~the	4144
fiduciary's appointment to enforce ~~such~~the payment or	4145
distribution, briefly setting forth therein the amount and nature	4146
of ~~his~~the creditor's or other person's claim or interest. ~~Such~~	4147
The petition shall not be filed against an executor or	4148
administrator until the expiration of the period prescribed in	4149
section 2117.30 of the Revised Code.	4150

When ~~such~~the petition is filed, the probate court shall	4151
issue a citation to the fiduciary setting forth the filing of the	4152
petition and the nature of the claim of the petitioner and	4153
commanding ~~such~~the fiduciary to appear before the court on the	4154
return day ~~thereof~~ to answer and show cause why a judgment should	4155
not be rendered or order entered against ~~him~~the fiduciary. ~~Such~~	4156
The citation shall be returnable not less than twenty nor more	4157
than forty days from its date and shall be served and returned by	4158
an officer as in the case of summons. ~~Such~~The citation may issue	4159
to any county in the state.	4160

On the return of the citation the cause shall be for hearing,	4161
unless for good cause shown it is continued. The probate court may	4162
hear and determine all questions necessary to ascertain and fix	4163
the amount due from the fiduciary to the petitioner and render	4164
~~such~~the judgment or make ~~such~~the order asthat may be proper.	4165
If necessary, ~~such~~the court may hear, determine, and settle the	4166
rights and claims of all parties interested in the subject matter	4167
of the petition. For ~~such~~that purpose the probate court may ~~cause~~	4168
allow all parties in interest to be made parties to ~~such~~the	4169
petition by amended, supplemental, or crosspetition. The court	4170
shall cause notice to be served on all ~~such~~the parties in the	4171
manner provided in this section for service of the citation upon	4172
the fiduciary.	4173

In any such proceeding the sureties on the bond of the	4174
fiduciary, if made parties thereto, may make any defense that the	4175
fiduciary could make and the court may render ~~such~~the judgment or	4176
make ~~such~~the order with respect to the sureties as may be proper.	4177

Sec. 2109.60. When a proceeding set forth in section 2109.59	4178
of the Revised Code is pending in the probate court, ~~such~~the	4179
court, on motion of any party ~~thereto~~or on the court's own	4180
motion, may ~~reserve and send such~~transfer the cause to the court	4181
of common pleas ~~which~~, and the court of common pleas shall hear,	4182
settle, and determine all issues as provided in ~~such~~that section.	4183
In case of ~~such reservation~~the transfer, the probate court shall	4184
prepare a transcript of the proceedings in the cause, so far as it	4185
has progressed, ~~which~~that, with the petition and other papers	4186
~~therein~~in the proceedings, ~~forthwith~~ shall be filed with the	4187
clerk of the court of common pleas.	4188

Sec. 2109.61. An action may be prosecuted on the bond of a	4189
fiduciary against any one or more of the obligors ~~thereof~~on the	4190
bond by any person who has been injured by reason of the breach of	4191
any condition of the bond. ~~Such~~The action shall be prosecuted for	4192
the benefit of all persons who are interested in the estate and	4193
who have been similarly injured. Any such person or any obligor on	4194
the bond who is not already a party to the action may intervene	4195
~~therein~~in the action or be made a party ~~thereto~~to the action by	4196
supplemental, amended, or crosspetition. Notice of any action or	4197
proceeding against the bonded fiduciary shall be given to the	4198
surety.	4199

If a surety on the bond of a fiduciary is not made a party to	4200
an action or proceeding against ~~such~~the fiduciary, the fact that	4201
a judgment was rendered or an order was entered against the	4202
fiduciary shall constitute only prima-facie evidence of the	4203
justice and validity of the claim in an action subsequently	4204
brought against the sureties on the bond of the fiduciary.	4205

Sec. 2109.62. (A)(1) Upon the filing of a motion by a	4206
trustee with the court that has jurisdiction over the trust, upon	4207
the provision of reasonable notice to all beneficiaries who are	4208
known and in being and who have vested or contingent interests in	4209
the trust, and after holding a hearing, the court may terminate	4210
the trust, in whole or in part, if it determines that all of the	4211
following apply:	4212

(a) It is no longer economically feasible to continue the	4213
trust.	4214

(b) The termination of the trust is for the benefit of the	4215
beneficiaries.	4216

4217

(d) The current value of the trust is less than one hundred	4218
thousand dollars.	4219

(2) The existence of a spendthrift or similar provision in a	4220
trust instrument or will does not preclude the termination of a	4221
trust pursuant to this section.	4222

(B) If property is to be distributed from an estate being	4223
probated to a trust and the termination of the trust pursuant to	4224
this section does not clearly defeat the intent of the testator,	4225
the probate court has jurisdiction to order the outright	4226
distribution of the property or to make the property custodial	4227
property under sections 5814.01 to 5814.09 of the Revised Code. A	4228
probate court may so order whether the ~~application~~motion for the	4229
order is made by an inter vivos trustee named in the will of the	4230
decedent or by a testamentary trustee.	4231

(C) Upon the termination of a trust pursuant to this section,	4232
the probate court shall order the distribution of the trust estate	4233
in accordance with any provision specified in the trust instrument	4234
for the premature termination of the trust. If there is no	4235
provision of that nature in the trust instrument, the probate	4236
court shall order the distribution of the trust estate among the	4237
beneficiaries of the trust in accordance with their respective	4238
beneficial interests and in a manner that the court determines to	4239
be equitable. For purposes of ordering the distribution of the	4240
trust estate among the beneficiaries of the trust under this	4241
division, the court shall consider all of the following:	4242

(1) The existence of any agreement among the beneficiaries	4243
with respect to their beneficial interests;	4244

(2) The actuarial values of the separate beneficial interests	4245
of the beneficiaries;	4246

(3) Any expression of preference of the beneficiaries that is	4247
contained in the trust instrument.	4248

Sec. 2111.02. (A) When found necessary, the probate court on	4249
its own motion or on application by any interested party shall	4250
appoint, subject to divisions (C) and (D) of this section and to	4251
section 2109.21 and division (B) of section 2111.121 of the	4252
Revised Code, a guardian of the person, the estate, or both, of a	4253
minor or incompetent, provided the person for whom the guardian is	4254
to be appointed is a resident of the county or has a legal	4255
settlement in the county and, except in the case of a minor, has	4256
had the opportunity to have the assistance of counsel in the	4257
proceeding for the appointment of such guardian. An interested	4258
party includes, but is not limited to, a person nominated in a	4259
durable power of attorney as described in division (D) of section	4260
1337.09 of the Revised Code or in a writing as described in	4261
division (A) of section 2111.121 of the Revised Code.	4262

Except when the guardian of an incompetent is an agency under	4263
contract with the department of developmental disabilities for	4264
the provision of protective services under sections 5123.55 to	4265
5123.59 of the Revised Code, the guardian of an incompetent, by	4266
virtue of ~~such~~the appointment as guardian, shall be the guardian	4267
of the minor children of the guardian's ward, unless the court	4268
appoints some other person as their guardian.	4269

When the primary purpose of the appointment of a guardian is,	4270
or was, the collection, disbursement, or administration of moneys	4271
awarded by the veterans administration to the ward, or assets	4272
derived from ~~such~~those moneys, no court costs shall be charged in	4273
the proceeding for the appointment or in any subsequent	4274
proceedings made in pursuance of the appointment, unless the	4275
value of the estate, including the moneys then due under the	4276
veterans administration award, exceeds one thousand five hundred	4277
dollars.	4278

(B)(1) If the probate court finds it to be in the best	4279
interest of an incompetent or minor, it may appoint pursuant to	4280
divisions (A) and (C) of this section, on its own motion or on	4281
application by an interested party, a limited guardian with	4282
specific limited powers. The sections of the Revised Code, rules,	4283
and procedures governing guardianships apply to a limited	4284
guardian, except that the order of appointment and letters of	4285
authority of a limited guardian shall state the reasons for, and	4286
specify the limited powers of, the guardian. The court may appoint	4287
a limited guardian for a definite or indefinite period. An	4288
incompetent or minor for whom a limited guardian has been	4289
appointed retains all of the incompetent's or minor's rights in	4290
all areas not affected by the court order appointing the limited	4291
guardian.	4292

(2) If a guardian appointed pursuant to division (A) of this	4293
section is temporarily or permanently removed or resigns, and if	4294
the welfare of the ward requires immediate action, at any time	4295
after the removal or resignation, the probate court may appoint,	4296
ex parte and with or without notice to the ward or interested	4297
parties, an interim guardian for a maximum period of fifteen days.	4298
If the court appoints the interim guardian ex parte or without	4299
notice to the ward, the court, at its first opportunity, shall	4300
enter upon its journal with specificity the reason for acting ex	4301
parte or without notice, and, as soon as possible, shall serve	4302
upon the ward a copy of the order appointing the interim guardian.	4303
For good cause shown, after notice to the ward and interested	4304
parties and after hearing, the court may extend an interim	4305
guardianship for a specified period, but not to exceed an	4306
additional thirty days.	4307

(3) If a minor or incompetent has not been placed under a	4308
guardianship pursuant to division (A) of this section and if an	4309
emergency exists, and if it is reasonably certain that immediate	4310
action is required to prevent significant injury to the person or	4311
estate of the minor or incompetent, at any time after it receives	4312
notice of the emergency, the court, ex parte, may issue any order	4313
that it considers necessary to prevent injury to the person or	4314
estate of the minor or incompetent, or may appoint an emergency	4315
guardian for a maximum period of seventy-two hours. A written copy	4316
of any order issued by a court under this division shall be served	4317
upon the incompetent or minor as soon as possible after its	4318
issuance. Failure to serve ~~such an~~that order after its issuance	4319
or prior to the taking of any action under its authority does not	4320
invalidate the order or the actions taken. The powers of an	4321
emergency guardian shall be specified in the letters of	4322
appointment, and shall be limited to those powers that are	4323
necessary to prevent injury to the person or estate of the minor	4324
or incompetent. If the court acts ex parte or without notice to	4325
the minor or incompetent, the court, at its first opportunity,	4326
shall enter upon its journal a record of the case and, with	4327
specificity, the reason for acting ex parte or without notice. For	4328
good cause shown, after notice to the minor or incompetent and	4329
interested parties, and after hearing, the court may extend an	4330
emergency guardianship for a specified period, but not to exceed	4331
an additional thirty days.	4332

(C) Prior to the appointment of a guardian or limited	4333
guardian under division (A) or (B)(1) of this section, the court	4334
shall conduct a hearing on the matter of the appointment. The	4335
hearing shall be conducted in accordance with all of the	4336
following:	4337

(1) The proposed guardian or limited guardian shall appear at	4338
the hearing and, if appointed, shall swear under oath that the	4339
proposed guardian or limited guardian has made and will continue	4340
to make diligent efforts to file a true inventory in accordance	4341
with section 2111.14 of the Revised Code and find and report all	4342
assets belonging to the estate of the ward and that the proposed	4343
guardian or limited guardian faithfully and completely will	4344
fulfill the other duties of guardian, including the filing of	4345
timely and accurate reports and accountings;.	4346

(2) If the hearing is conducted by a ~~referee~~magistrate, the	4347
procedures set forth in Civil Rule 53 shall be followed;.	4348

(3) If the hearing concerns the appointment of a guardian or	4349
limited guardian for an alleged incompetent, the burden of proving	4350
incompetency shall be by clear and convincing evidence;.	4351

(4) Upon request of the applicant, the alleged incompetent	4352
for whom the appointment is sought or the alleged incompetent's	4353
counsel, or any interested party, a recording or record of the	4354
hearing shall be made;.	4355

(5) Evidence of a less restrictive alternative to	4356
guardianship may be introduced, and when introduced, shall be	4357
considered by the court;.	4358

(6) The court may deny a guardianship based upon a finding	4359
that a less restrictive alternative to guardianship exists;.	4360

(7) If the hearing concerns the appointment of a guardian or	4361
limited guardian for an alleged incompetent, the alleged	4362
incompetent has all of the following rights:	4363

(a) The right to be represented by independent counsel of	4364
the alleged incompetent's choice;	4365

(b) The right to have a friend or family member of the	4366
alleged incompetent's choice present;	4367

(c) The right to have evidence of an independent expert	4368
evaluation introduced;	4369

(d) If the alleged incompetent is indigent, upon the alleged	4370
incompetent's request:	4371

(i) The right to have counsel and an independent expert	4372
evaluator appointed at court expense;	4373

(ii) If the guardianship, limited guardianship, or standby	4374
guardianship decision is appealed, the right to have counsel	4375
appointed and necessary transcripts for appeal prepared at court	4376
expense.	4377

(D)(1) When a person has been nominated to be a guardian of	4378
the estate of a minor in or pursuant to a durable power of	4379
attorney as described in division (D) of section 1337.09 of the	4380
Revised Code or a writing as described in division (A) of section	4381
2111.121 of the Revised Code, the person nominated has preference	4382
in appointment over a person selected by the minor. A person who	4383
has been nominated to be a guardian of the person of a minor in or	4384
pursuant to a durable power of attorney or writing of that nature	4385
does not have preference in appointment over a person selected by	4386
the minor, but the probate court may appoint the person named in	4387
the durable power of attorney or the writing, the person selected	4388
by the minor, or another person as guardian of the person of the	4389
minor.	4390

(2) A person nominated as a guardian of an incompetent adult	4391
child pursuant to section 1337.09 or 2111.121 of the Revised Code	4392
shall have preference in appointment over a person applying to be	4393
guardian if the person nominated is competent, suitable, and	4394
willing to accept the appointment, and if the incompetent adult	4395
child does not have a spouse or an adult child and has not	4396
designated a guardian prior to the court finding the adult child	4397
incompetent.	4398

Sec. 2111.021. A competent adult who is physically infirm	4399
may petition the probate court of the county in which hethe	4400
petitioner resides, to place, for a definite or indefinite period	4401
of time, ~~his~~the petitioner's person, any or all of ~~his~~the	4402
petitioner's real or personal property, or both under a	4403
conservatorship with the court. A petitioner either may grant	4404
specific powers to the conservator or court or may limit any	4405
powers granted by law to the conservator or court, except that the	4406
petitioner may not limit the powers granted to the court by this	4407
section and may not limit the requirement for bond as determined	4408
by the court. The petition shall state whether the person of the	4409
competent adult will be placed under the conservatorship, shall	4410
state with particularity all real and personal property that will	4411
be placed under the conservatorship, shall state the powers	4412
granted and any limitation upon the powers of the conservator or	4413
court, and shall state the name of a proposed suitable	4414
conservator.	4415

After a hearing, if the court finds that the petition was	4416
voluntarily filed and that the proposed conservator is suitable,	4417
the court shall issue an order of conservatorship. Upon issuance	4418
of the order, all sections of the Revised Code governing a	4419
guardianship of the person, the estate, or both, whichever is	4420
involved, except those sections the application of which	4421
specifically is limited by the petitioner, and all rules and	4422
procedures governing ~~such~~ a guardianship of the person, the	4423
estate, or both, shall apply to the conservatorship, including,	4424
but not limited to, applicable bond and accounting requirements.	4425

A conservatorship shall terminate upon a judicial	4426
determination of incompetency, the death of the petitioner, the	4427
order of the probate court, or the execution of a written	4428
termination notice by the petitioner. A termination notice shall	4429
take effect upon execution by the petitioner, and shall be filed	4430
with the court and served upon the conservator. A termination	4431
notice executed by a petitioner relative to a conservatorship of	4432
the estate and the termination of a conservatorship of the estate	4433
based upon a termination notice are void unless the termination	4434
notice is filed with the court within fourteen days after its	4435
execution. Modification of the powers of a conservator or the	4436
court may be made by the petitioner upon motion to the court at	4437
any time during the conservatorship. Neither the establishment of	4438
a conservatorship nor the filing of a petition for conservatorship	4439
with the probate court shall be considered as evidence of mental	4440
impairment under section 2111.01 of the Revised Code.	4441

Upon motion to the probate court and a showing of good cause,	4442
the court may make confidential, or remove from confidential	4443
status, any file, record, petition, motion, account, or paper,	4444
except for an index, docket, or journal, that pertains to a	4445
conservatorship and that is in the possession of the court.	4446

Sec. 2111.031. In connection with an application for the	4447
appointment of a guardian for an alleged incompetent, the court	4448
may appoint physicians and other qualified persons to examine,	4449
investigate, or represent the alleged incompetent, to assist the	4450
court in deciding whether a guardianship is necessary. If the	4451
person is determined to be an incompetent and a guardian is	4452
appointed for ~~him~~the person, the costs, fees, or expenses	4453
incurred to so assist the court shall be charged either against	4454
the estate of the person or against the applicant, unless the	4455
court determines, for good cause shown, that the costs, fees, or	4456
expenses are to be recovered from the county, in which case they	4457
shall be charged against the county. If the person is not	4458
determined to be an incompetent or a guardian is not appointed for	4459
~~him~~the person, the costs, fees, or expenses incurred to so assist	4460
the court shall be charged against the applicant, unless the court	4461
determines, for good cause shown, that the costs, fees, or	4462
expenses are to be recovered from the county, in which case they	4463
shall be charged against the county.	4464

A court may require the applicant to make an advance deposit	4465
of an amount that the court determines is necessary to defray the	4466
anticipated costs of examinations of an alleged incompetent and to	4467
cover fees or expenses to be incurred to assist it in deciding	4468
whether a guardianship is necessary.	4469

This section does not affect or apply to the duties of a	4470
probate court investigator under sections 2111.04 and 2111.041 of	4471
the Revised Code.	4472

Sec. 2111.04. (A) Except for an interim or emergency	4473
guardian appointed under division (B)(2) or (3) of section 2111.02	4474
of the Revised Code, no guardian of the person, the estate, or	4475
both shall be appointed until at least seven days after the	4476
probate court has caused written notice, setting forth the time	4477
and place of the hearing, to be served as follows:	4478

(1) In the appointment of the guardian of a minor, notice	4479
shall be served as follows:	4480

(a) Upon the minor, if over the age of fourteen, by personal	4481
service;	4482

(b) Upon each parent of the minor whose name and address is	4483
known or with reasonable diligence can be ascertained, provided	4484
the parent is free from disability other than minority;	4485

(c) Upon the next of kin of the minor who are known to reside	4486
in this state, if there is no living parent, the name and address	4487
of the parent cannot be ascertained, or the parent is under	4488
disability other than minority;	4489

(d) Upon the person having the custody of the minor.

4490

(2) In the appointment of the guardian of an incompetent,	4491
notice shall be served as follows:	4492

(a)(i) Upon the person for whom appointment is sought by	4493
personal service, by a probate court investigator, or in the	4494
manner provided in division (A)(2)(a)(ii) of this section. The	4495
notice shall be in boldface type and shall inform the alleged	4496
incompetent, in boldface type, of ~~his~~the alleged incompetent's	4497
rights to be present at the hearing, to contest any application	4498
for the appointment of a guardian for ~~his~~the alleged	4499
incompetent's person, estate, or both, and to be represented by an	4500
attorney and of all of the rights set forth in division (C)(7) of	4501
section 2111.02 of the Revised Code.	4502

(ii) If the person for whom appointment is sought is a	4503
resident of, or has a legal settlement in, the county in which the	4504
court has jurisdiction, but is absent from that county, the	4505
probate court may designate, by order, a temporary probate court	4506
investigator, in lieu of a regular probate court investigator	4507
appointed or designated under section 2101.11 of the Revised Code,	4508
to make the personal service of the notice described in division	4509
(A)(2)(a)(i) of this section upon the person for whom appointment	4510
is sought.	4511

(b) Upon the next of kin of the person for whom appointment	4512
is sought who are known to reside in this state.	4513

(B) After service of notice in accordance with division (A)	4514
of this section and for good cause shown, the court may appoint a	4515
guardian prior to the time limitation specified in that division.	4516

(C) Notice may not be waived by the person for whom the	4517
appointment is sought.	4518

(D) From the service of notice until the hearing, no sale,	4519
gift, conveyance, or encumbrance of the property of an alleged	4520
incompetent shall be valid as to persons having notice of the	4521
proceeding.	4522

Sec. 2111.041. (A) At the time of the service of notice upon	4523
an alleged incompetent, as required by division (A)(2)(a) of	4524
section 2111.04 of the Revised Code, the court shall require a	4525
regular probate court investigator appointed or designated under	4526
section 2101.11 of the Revised Code or appoint a temporary probate	4527
court investigator to investigate the circumstances of the alleged	4528
incompetent, and, to the maximum extent feasible, to communicate	4529
to the alleged incompetent in a language or method of	4530
communication that hethe alleged incompetent can understand, ~~his~~	4531
the alleged incompetent's rights as specified in that division,	4532
and subsequently to file with the court a report that contains all	4533
of the following:	4534

(1) A statement indicating that the notice was served and	4535
describing the extent to which the alleged incompetent's rights to	4536
be present at the hearing, to contest any application for the	4537
appointment of a guardian for ~~his~~the alleged incompetent's	4538
person, estate, or both, and to be represented by an attorney were	4539
communicated to ~~him~~the alleged incompetent in a language or	4540
method of communication understandable to the alleged incompetent;	4541

(2) A brief description, as observed by the investigator, of	4542
the physical and mental condition of the alleged incompetent;	4543

(3) A recommendation regarding the necessity for a	4544
guardianship or a less restrictive alternative;	4545

(4) A recommendation regarding the necessity of appointing	4546
pursuant to section 2111.031 of the Revised Code, an attorney to	4547
represent the alleged incompetent.	4548

(B) The report that is required by division (A) of this	4549
section shall be made a part of the record in the case and shall	4550
be considered by the court prior to establishing any guardianship	4551
for the alleged incompetent.	4552

Sec. 2111.05. When the whole estate of a ward, or of several	4553
wards jointly, under the same guardianship, does not exceed ten	4554
thousand dollars in value, the guardian may apply to the probate	4555
court for an order to terminate the guardianship. Upon proof that	4556
it would be for the best interest of the ward to terminate the	4557
guardianship, the court may order the guardianship terminated, and	4558
direct the guardian, if the ward is a minor, to deposit the assets	4559
of the guardianship in a depository authorized to receive	4560
fiduciary funds, payable to the ward when hethe ward attains	4561
majority, or the court may authorize the delivery of the assets to	4562
the natural guardian of the minor, to the person by whom the minor	4563
is maintained, to the executive director of children services in	4564
the county, or directly to the minor ~~himself~~.	4565

If the ward is an incompetent, and the court orders the	4566
guardianship terminated, the court may authorize the deposit of	4567
the assets of the guardianship in a depository authorized to	4568
receive fiduciary funds in the name of a suitable person to be	4569
designated by the court, or if the assets do not consist of money,	4570
the court may authorize delivery to a suitable person to be	4571
designated by the court. The person receiving the assets shall	4572
hold and dispose of them in the manner the court directs.	4573

If the court refuses to grant the application to terminate	4574
the guardianship, or if no such application is presented to the	4575
court, the guardian only shall be required to render account upon	4576
the termination of ~~his~~the guardianship, upon order of the probate	4577
court made upon its own motion, or upon the order of the court	4578
made on the motion of a person interested in the wards or their	4579
property, for good cause shown, and set forth upon the journal of	4580
the court.	4581

If the estate is ten thousand dollars or less and the ward is	4582
a minor, the court, without the appointment of a guardian by the	4583
court, or the giving of bond, may authorize the deposit in a	4584
depository authorized to receive fiduciary funds, payable to the	4585
guardian when appointed, or to the ward when hethe ward attains	4586
majority, or the court may authorize delivery to the natural	4587
guardian of the minor, to the person by whom the minor is	4588
maintained, to the executive director who is responsible for the	4589
administration of children services in the county, or directly to	4590
the minor ~~himself~~.	4591

If the whole estate of a person over eighteen years of age,	4592
who has been adjudged mentally ill or mentally retarded, does not	4593
exceed ten thousand dollars in value, the court, without the	4594
appointment of a guardian by the court or the giving of bond, may	4595
authorize the deposit of the estate in a depository authorized to	4596
receive fiduciary funds in the name of a suitable person to be	4597
designated by the court, or if the assets do not consist of money,	4598
the court may authorize delivery to a suitable person to be	4599
designated by the court. The person receiving the assets shall	4600
hold and dispose of them in the manner the court directs.	4601

Sec. 2111.06. If the powers of the person appointed as	4602
guardian of a minor or incompetent are not limited by the order of	4603
appointment, ~~such~~the person shall be guardian both of the person	4604
and estate of the ward. In every instance the court shall appoint	4605
the same person as guardian of the person and estate of ~~any such~~	4606
the ward, unless in the opinion of the court the interests of the	4607
ward will be promoted by the appointment of different persons as	4608
guardians of the person and of the estate.	4609

A guardian of the person of a minor shall be appointed as to	4610
a minor having ~~neither~~no father ~~nor~~or mother, or whose parents	4611
are unsuitable persons to have the custody ~~and tuition~~ of ~~such~~the	4612
minor and to provide for the education of the minor as required by	4613
section 3321.01 of the Revised Code, or whose interests, in the	4614
opinion of the court, will be promoted ~~thereby~~by the appointment	4615
of a guardian. A guardian of the person shall have the custody and	4616
provide for the maintenance of the ward, and if the ward is a	4617
minor, ~~such~~the guardian shall also provide for the education of	4618
~~such~~the ward as required by section 3321.01 of the Revised Code.	4619

Before exercising its jurisdiction to appoint a guardian of a	4620
minor, the court shall comply with the jurisdictional standards of	4621
sections 3127.01 to 3127.53 of the Revised Code.	4622

Sec. 2111.07. Each person appointed guardian of the person	4623
and estate of a minor shall have the custody ~~and tuition~~ of ~~his~~	4624
the ward, the obligation to provide for the education of the ward	4625
as required under section 3321.01 of the Revised Code, and the	4626
management of ~~such~~the ward's estate during minority, unless ~~such~~	4627
the guardian is removed or discharged from ~~such~~that trust or the	4628
guardianship terminates from any of the causes specified in	4629
Chapters 2101. to 2131.~~, inclusive,~~ of the Revised Code.	4630

Sec. 2111.09. Unless expressly appointed or designated to	4631
act both as guardian and executor by a ~~last~~ will in writing, no	4632
person who is or has been an administrator or executor of a ~~last~~	4633
will shall, prior to the approval of ~~his~~the person's final	4634
account as ~~such~~ executor or administrator, be appointed a guardian	4635
of the person and estate or of the estate only of a ward who is	4636
interested in the estate administered upon or entitled to an	4637
interest under ~~such~~the will, except that a surviving spouse may	4638
be executor or administrator of the deceased spouse's estate and	4639
also guardian of the person and estate or of the estate only of a	4640
minor child of ~~such~~the surviving spouse, whether or not ~~such~~the	4641
minor child is interested in the estate of the deceased spouse.	4642
~~But~~However, an executor or an administrator may be appointed a	4643
guardian of the person only of a ward.	4644

Sec. 2111.091. No attorney who represents any other person	4645
~~other than himself~~and who is appointed as a guardian under this	4646
chapter or under any other provision of the Revised Code shall do	4647
either of the following:	4648

(A) Act as a person with co-responsibility for any	4649
guardianship asset for which the guardian ~~he represents~~ is	4650
responsible;	4651

(B) Be a cosignatory on any financial account related to the	4652
guardianship, including any checking account, savings account, or	4653
other banking or trust account.	4654

Sec. 2111.10. As used in this section, "mentally retarded	4655
person" and "developmentally disabled person" have the same	4656
meanings as in section 5123.01 of the Revised Code.	4657

A judge may appoint a public agency to serve as a guardian of	4658
an estate or of a person. Any appointment of a corporation as	4659
guardian shall apply to the estate only and not to the person,	4660
except that a judge may appoint a nonprofit corporation to serve	4661
as guardian of a person and except that a nonprofit corporation	4662
organized under the laws of this state and entitled to tax exempt	4663
status under section 501(a) of the "Internal Revenue Code of	4664
1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, that has a	4665
contract with the department of developmental disabilities to	4666
provide protective services may be appointed as a guardian of	4667
the person of a mentally retarded or developmentally disabled	4668
person and may serve as guardian pursuant to sections 5123.55 to	4669
5123.59 of the Revised Code.	4670

Sec. 2111.12. (A) A minor over the age of fourteen years may	4671
select a guardian who shall be appointed if a suitable person. If	4672
~~such~~the minor fails to select a suitable person, an appointment	4673
may be made without reference to the minor's wishes. The minor	4674
shall not select one person to be the guardian of the minor's	4675
estate only and another to be the guardian of the person only,	4676
unless the court ~~which~~that appoints the guardian is of the	4677
opinion that the interests of ~~such~~the minor will ~~thereby~~ be	4678
promoted by that selection.	4679

(B) A surviving parent by ~~last~~a will in writing may appoint	4680
a guardian for any of the surviving parent's children, whether	4681
born at the time of making the will or afterward, to continue	4682
during the minority of the child or for a less time.	4683

When the father or mother of a minor names a person as	4684
guardian of the estate of ~~such~~the minor in a will, the person	4685
named shall have preference in appointment over the person	4686
selected by ~~such~~the minor. A person named in ~~such a~~that will as	4687
guardian of the person of ~~such~~the minor shall have no preference	4688
in appointment over the person selected by ~~such~~the minor, but in	4689
~~such~~that event the probate court may appoint the person named in	4690
the will, the person selected by the minor, or some other person.	4691

Whenever a testamentary guardian is appointed, the	4692
testamentary guardian's duties, powers, and liabilities in all	4693
other respects shall be governed by the law regulating guardians	4694
not appointed by will.	4695

(C) A parent pursuant to a durable power of attorney as	4696
described in division (D) of section 1337.09 or a writing as	4697
described in division (A) of section 2111.121 of the Revised Code	4698
may nominate a person to be a guardian for one or more of the	4699
parent's minor children, whether born at the time of the making of	4700
the ~~petition~~nomination or afterward.	4701

Sec. 2111.131. (A) The probate court may enter an order that	4702
authorizes a person under a duty to pay or deliver money or	4703
personal property to a minor who does not have a guardian of the	4704
person and estate or a guardian of the estate, to perform that	4705
duty in amounts not exceeding five thousand dollars annually, by	4706
paying or delivering the money or property to any of the	4707
following:	4708

(1) The guardian of the person only of the minor;

4709

(2) The minor's natural guardians, if any, as determined	4710
pursuant to section 2111.08 of the Revised Code;	4711

(3) The ~~minor's own self~~minor;

4712

(4) Any person who has the care and custody of the minor and	4713
with whom the minor resides, other than a guardian of the person	4714
only or a natural guardian;	4715

(5) A financial institution incident to a deposit in a	4716
federally insured savings account in the sole name of the minor;	4717

(6) A custodian designated by the court in its order, for the	4718
minor under sections 5814.01 to 5814.09 of the Revised Code.	4719

(B) An order entered pursuant to division (A) of this section	4720
authorizes the person or entity specified in it, to receive the	4721
money or personal property on behalf of the minor from the person	4722
under the duty to pay or deliver it, in amounts not exceeding five	4723
thousand dollars annually. Money or personal property so received	4724
by guardians of the person only, natural guardians, and custodians	4725
as described in division (A)(4) of this section may be used by	4726
them only for the support, maintenance, or education of the minor	4727
involved. The order of the court is prima-facie evidence that a	4728
guardian of the person only, a natural guardian, or a custodian as	4729
described in division (A)(4) of this section has the authority to	4730
use the money or personal property received.	4731

(C) A person who pays or delivers moneys or personal property	4732
in accordance with a court order entered pursuant to division (A)	4733
of this section is not responsible for the proper application of	4734
the moneys or property by the recipient.	4735

Sec. 2111.14. (A) In addition to ~~his~~a guardian's other	4736
duties, every guardian appointed to take care of the estate of a	4737
ward shall have the following duties:	4738

~~(A)~~(1) To make and file within three months after ~~his~~the	4739
guardian's appointment a full inventory of the real and personal	4740
property of the ward, its value, and the value of the yearly rent	4741
of the real property, provided that, if the guardian fails to file	4742
the inventory for thirty days after ~~he has~~having been notified of	4743
the expiration of the time by the probate judge, the judge shall	4744
remove ~~him~~the guardian and appoint a successor;	4745

~~(B)~~(2) To manage the estate for the best interest of the	4746
ward;	4747

~~(C)~~(3) To pay all just debts due from the ward out of the	4748
estate in ~~his hands~~the possession or under the control of the	4749
guardian, collect all debts due to the ward, compound doubtful	4750
debts, and appear for and defend, or cause to be defended, all	4751
suits against the ward;	4752

~~(D)~~(4) To obey all orders and judgments of the courts	4753
touching the guardianship;	4754

~~(E)~~(5) To bring suit for the ward when a suit is in the best	4755
interests of the ward;	4756

~~(F)~~(6) To settle and adjust, when necessary or desirable, the	4757
assets that hethe guardian may receive in kind from an executor	4758
or administrator to the greatest advantage of the ward. Before a	4759
settlement and adjustment is valid and binding, it shall be	4760
approved by the probate court and the approval shall be entered on	4761
its journal. The guardian also shall have the approval of the	4762
probate court to hold the assets as received from the executor or	4763
administrator or to hold what may be received in the settlement	4764
and adjustment of those assets.	4765

(B) No guardian appointed to take care of the estate of a	4766
ward may open a safety deposit box held in the name of the ward,	4767
until the contents of the box have been audited by an employee of	4768
the county auditor in the presence of the guardian and until a	4769
verified report of the audit has been filed by the auditor with	4770
the probate court~~, which~~. The court then shall issue a release to	4771
the guardian permitting the guardian to have access to the safety	4772
deposit box of the ward.	4773

Sec. 2111.141. The court, by order or rule, may require that	4774
any inventory filed by a guardian pursuant to section 2111.14 of	4775
the Revised Code be supported by evidence that the inventory is a	4776
true and accurate inventory of the estate of the ward of the	4777
guardian~~, which~~. The evidence may include, but is not limited to,	4778
prior income tax returns, bank statements, and social security	4779
records of the ward or other documents that are relevant to	4780
determining the accuracy of the inventory. In order to verify the	4781
accuracy of an inventory, the court may order a guardian to	4782
produce any additional evidence that may tend to prove that the	4783
guardian is in possession of or has knowledge of assets that	4784
belong to the estate of ~~his~~the ward and that have not been	4785
included in the guardianship inventory~~, which~~. The additional	4786
evidence may include, but is not limited to, the guardian's income	4787
tax returns and bank statements and any other documents that are	4788
relevant to determining the accuracy of an inventory. The court	4789
may assign court employees or appoint an examiner to verify an	4790
inventory filed by a guardian. Upon appointment, the assigned	4791
court employees or appointed examiner shall conduct an	4792
investigation to verify the accuracy of the inventory filed by the	4793
guardian. Upon order of the court, the assigned court employees or	4794
appointed examiner may subpoena any documents necessary for ~~his~~	4795
the investigation. Upon completion of the investigation, the	4796
assigned court employees or appointed examiner shall file a report	4797
with the court. The court shall hold a hearing on the report with	4798
notice to all interested parties. At the hearing, the guardian	4799
shall have the right to examine and cross-examine any assigned	4800
court employees or appointed examiner who conducted the	4801
investigation and filed the report that is the subject of the	4802
hearing. The court shall charge any costs associated with the	4803
verification of an inventory filed by a guardian against the	4804
estate of the ward, except that, if the court determines that the	4805
guardian wrongfully withheld, or aided in the wrongful	4806
withholding, of assets from the inventory filed by the guardian,	4807
the court shall charge the costs against the guardian.	4808

Sec. 2111.16. Unless previously authorized by the court, no	4809
voucher that is signed or purports to be signed by the ward shall	4810
be received from or allowed as a credit in the settlement of a	4811
guardian's account ~~which is signed or purports to be signed by his~~	4812
~~ward~~.	4813

Sec. 2111.17. A guardian may sue in ~~his~~the guardian's own	4814
name, describing ~~himself as~~the guardian as suing on behalf of the	4815
ward ~~for whom he sues~~. When ~~his~~the guardianship ceases, actions	4816
or proceedings then pending shall not abate, if the right	4817
survives. ~~His~~The guardian's successor as guardian, the executor	4818
or administrator of the ward, or the ward ~~himself~~, if the	4819
guardianship has terminated other than by the ward's death, shall	4820
be made party to the suit or other proceeding as the case	4821
requires, in the same manner an executor or administrator is made	4822
a party to a similar suit or proceeding ~~where~~if the plaintiff	4823
dies during its pendency.	4824

Sec. 2111.18. When personal injury, damage to tangible or	4825
intangible property, or damage or loss on account of personal	4826
injury or damage to tangible or intangible property is caused to a	4827
ward by wrongful act, neglect, or default that would entitle the	4828
ward to maintain an action and recover damages for the injury,	4829
damage, or loss, and when any ward is entitled to maintain an	4830
action for damages or any other relief based on any claim or is	4831
subject to any claim to recover damages or any other relief based	4832
on any claim, the guardian of the estate of the ward may adjust	4833
and settle the claim with the advice, approval, and consent of the	4834
probate court. In the settlement, if the ward is a minor, the	4835
parent or parents may waive all claim for damages on account of	4836
loss of service of the minor, and that claim may be included in	4837
the settlement. However, when it is proposed that the claim	4838
involved be settled for ten thousand dollars or less, the court,	4839
upon application by any person whom the court may authorize to	4840
receive and receipt for the settlement, may authorize the	4841
settlement without the appointment of a guardian and authorize the	4842
delivery of the moneys to the natural guardian of the minor, to	4843
the person by whom the minor is maintained, or to the minor	4844
~~himself~~. The court may authorize the minor or person receiving the	4845
moneys to execute a complete release on account of the receipt.	4846
The payment shall be a complete and final discharge of ~~any such~~	4847
that claim.	4848

Sec. 2111.181. When personal injury, damage to tangible or	4849
intangible property, or damage or loss on account of personal	4850
injury or damage to tangible or intangible property is caused to a	4851
minor, who claims to be emancipated, by wrongful act, neglect, or	4852
default ~~which~~that would entitle the minor to maintain an action	4853
and recover damages for the injury, damage, or loss, and when any	4854
minor who claims to be emancipated is entitled to maintain an	4855
action for damages or any other relief based on any claim, or is	4856
subject to any claim to recover damages or any other relief based	4857
on any claim, the minor, who claims to be emancipated, may file an	4858
application in the probate court in the county where hethe minor	4859
then resides, praying for a finding by the court that the minor is	4860
in fact emancipated, and authorizing, approving, and consenting to	4861
the settlement of the claim by the minor without the appointment	4862
of a guardian. Upon hearing on the application, after five days'	4863
written notice of the time and place of the hearing has been given	4864
to each of the living parents of the minor, whose name and address	4865
is known, provided the parent is free from disability other than	4866
minority, or, if there is no living parent, after ~~such~~that notice	4867
to the next of kin of the minor known to reside in the county, the	4868
court may find the minor to be emancipated ~~and~~, may authorize,	4869
approve, and consent to the settlement of the claim by the minor	4870
without the appointment of a guardian ~~and~~, may authorize the minor	4871
to receive and receipt for the settlement, and, upon the minor	4872
executing and delivering a full and complete release for the	4873
injuries, damages, losses, or claims, may authorize the delivery	4874
and payment of ~~such~~the moneys to the minor, to a trustee or	4875
guardian of the estate of the minor appointed by the court for the	4876
benefit of the minor, or to a depository authorized to receive	4877
fiduciary funds to hold the moneys payable to the ward when hethe	4878
ward attains majority, or for the benefit of the minor, as the	4879
court may direct.	4880

Upon the finding of the probate court that the minor was, at	4881
the time of the injury, damage, loss, or claim, an emancipated	4882
minor, and provided the notice required by this section has been	4883
given to each living parent, whose name and address is known, then	4884
the release executed by the emancipated minor shall be a full and	4885
complete discharge and release of any claim ~~which~~that either or	4886
both of the parents might have by reason of the personal injury,	4887
damage to tangible or intangible property, damage or loss on	4888
account of personal injury, or damage to tangible or intangible	4889
property, or any other claim of the minor.	4890

Sec. 2111.19. A guardian, whether appointed by a court in	4891
this state or elsewhere, may complete the contracts of ~~his~~the	4892
ward for the purchase or sale of real ~~estate~~property or any	4893
authorized contract relating to real ~~estate~~property entered into	4894
by a guardian who has died or been removed. ~~Said~~The appointed	4895
guardian shall proceed in the manner provided by sections 2113.48	4896
to 2113.50~~, inclusive,~~ of the Revised Code.	4897

Sec. 2111.20. The guardian of the person and estate, or of	4898
the estate only, may sell all or any part of the personal ~~estate~~	4899
property of the ward ~~when such~~if the sale is for the interest of	4900
the ward.	4901

Sec. 2111.21. The guardian of a ward who has or is claimed	4902
to have a right of dower, or a contingent right to it, in ~~lands or~~	4903
~~tenements~~real property of which the spouse of ~~such~~the ward was	4904
or is seized as an estate of inheritance, ~~where~~if the dower has	4905
not been assigned, may sell, compromise, or adjust ~~such~~the dower	4906
or may release ~~such~~the contingent right of dower in the event the	4907
spouse of ~~such~~the ward desires to mortgage ~~such~~the property upon	4908
~~such~~the terms ~~as such~~that the guardian ~~deems~~considers for the	4909
interest of ~~such~~the ward and upon ~~such~~the terms asthat the	4910
probate court of the county in which the guardian was appointed	4911
approves, or if ~~such~~the guardian was appointed to a foreign	4912
state, upon ~~such~~the terms asthat the probate court of the county	4913
~~wherein~~in which the ~~land~~real property is situated approves.	4914
After ~~such~~the approval, the guardian may execute and deliver all	4915
the necessary deeds, mortgages, releases, and agreements for the	4916
sale, compromise, assignment, or mortgage of ~~such~~the dower or	4917
contingent right to dower. As a basis for computing the value of	4918
an inchoate dower right in any sale, compromise, or adjustment	4919
pursuant to this section, the value of the ~~lands or tenements~~real	4920
property may be considered to be the sale price or, if there is no	4921
sale, the appraised value. ~~Such~~The sale, compromise, adjustment,	4922
or mortgage may be made upon application and entry in the pending	4923
proceedings.	4924

Sec. 2111.22. When a ward has title to real ~~estate~~property	4925
by tax title only, the guardian, by deed of release and quitclaim,	4926
may convey ~~such~~the ward's interest or title to the person	4927
entitled to redeem ~~such~~the real ~~estate~~property, upon receiving	4928
from ~~such~~that person the amount paid for ~~such~~the tax title with	4929
the forfeiture and interest allowed by sections 319.52 and 323.121	4930
of the Revised Code. If the guardian tenders ~~such~~that deed to the	4931
person entitled to redeem ~~such~~the real ~~estate~~property and he	4932
the person so entitled refuses to accept and pay for it, hethe	4933
person entitled shall not recover costs in any proceeding	4934
thereafter instituted to redeem ~~such~~the real ~~estate~~property.	4935

Sec. 2111.25. A guardian, of the person and estate or of the	4936
estate only, without application to the probate court, may lease	4937
the possession or use of any real ~~estate~~property of ~~his~~the ward	4938
for a term not exceeding three years, provided ~~such~~the term does	4939
not extend beyond the minority, if the ward is a minor. If the	4940
lease extends beyond the death of the ward or beyond the removal	4941
of the disability of a ward other than a minor, ~~such~~the lease	4942
shall terminate on ~~such~~that death or removal of disability,	4943
unless confirmed by the ward or ~~his~~the ward's legal	4944
representatives. In the event of such determination, the tenant	4945
shall have a lien on the premises for any sum expended by ~~him~~the	4946
tenant in pursuance of the lease in making improvements for which	4947
compensation was not made in rent or otherwise.	4948

Sec. 2111.26. A guardian may lease the possession and use of	4949
the real ~~estate~~property of ~~his~~the guardian's ward or any part of	4950
it for a term of years, renewable or otherwise, by perpetual	4951
lease, with or without the privilege of purchase, or may lease	4952
upon ~~such~~the terms and for ~~such~~the time asthat the probate	4953
court approves any lands belonging to the ward containing coal,	4954
gypsum, petroleum oil, natural gas, gravel, stone, or any other	4955
mineral substance for the purpose of drilling, mining, or	4956
excavating for and removing any of ~~such~~those substances, or ~~such~~	4957
the guardian may modify or change in any respect any lease	4958
previously made.	4959

~~Such~~The lease, or modification or change in a lease	4960
previously made, may be made when the guardian of the person and	4961
estate or of the estate only applies to the court by which hethe	4962
guardian was appointed and ~~such~~the court finds that the lease or	4963
modification or change is necessary for the support of the ward or	4964
of ~~his~~the ward's family, for the payment of the just debts of the	4965
ward, for the ward's education, if a minor, to secure the	4966
improvement of the real ~~estate~~property of the ward and increase	4967
the rent, to pay any liens or claims against ~~said~~the real ~~estate~~	4968
property, or if ~~such~~the court finds that ~~such~~the real ~~estate~~	4969
property is suffering unavoidable waste, or that in any other	4970
respect it will be for the best interests of the ward or those	4971
persons for whom the ward is required by law to provide.	4972

Sec. 2111.27. A guardian's application for authority to	4973
lease real ~~estate~~property of a ward shall be by petition setting	4974
forth the following:	4975

(A) The legal capacity of the petitioner;

4976

(B) The name of the ward, the character of ~~his~~the ward's	4977
disability, and if it is ~~idiocy, imbecility, or lunacy~~	4978
incompetence, whether ~~such~~the disability is curable or not,	4979
temporary, or confirmed, and its duration;	4980

(C) The number, names, ages, and residence of the family of	4981
the ward, including the spouse and those residents of the county	4982
who have the next estate of inheritance from ~~such~~the ward, all of	4983
whom, as well as the ward, ~~must~~shall be made defendants;	4984

(D) The indebtedness of the ward, the expense of supporting	4985
and maintaining ~~him~~the ward, the expense of educating ~~him~~the	4986
ward if hethe ward is a minor, and any other expense of the ward;	4987

(E) The value of all the property and effects of the ward	4988
including the real ~~estate~~property proposed to be leased;	4989

(F) The income of the ward and the net annual value to the	4990
ward of the real ~~estate~~property proposed to be leased;	4991

(G) A description of the real ~~estate~~property proposed to be	4992
leased and the probable amount for which ~~such~~the real ~~estate~~	4993
property can be leased;	4994

(H) A detailed statement of the improvements proposed to be	4995
made to the real ~~estate~~property sought to be leased;	4996

(I) The reasons for the proposed lease and the terms,	4997
covenants, conditions, and stipulations ~~thereof~~of the proposed	4998
lease, including the time for which it is proposed the real ~~estate~~	4999
property should be leased;	5000

(J) ~~Such~~Any other facts necessary to apprise the court fully	5001
of the necessity or benefit to the ward or the estate of the	5002
proposed lease, or ~~such~~any other facts asthat may be required by	5003
the court;	5004

(K) A prayer for the proper authority.

5005

Sec. 2111.28. In an application for authority to lease real	5006
~~estate~~property of a ward under sections 2111.26 and 2111.27 of	5007
the Revised Code, the guardian may act for two or more wards and	5008
two or more guardians of different wards may unite~~, when~~if all	5009
the wards are jointly or in common interested in the real ~~estate~~	5010
property. ~~When~~If the same person is guardian of two or more wards	5011
owning lands in common, ~~such~~the wards may be joined as defendants	5012
in the same petition under section 2111.27 of the Revised Code.	5013

The ward's spouse shall be made a defendant to ~~such~~the	5014
petition, and if the proposed lease is for the purpose of mining	5015
or removing mineral or other substances, and ~~if such~~the spouse	5016
files an answer consenting to the lease, free and discharged of	5017
all right and expectancy of dower ~~therein~~, ~~such~~the answer shall	5018
be a full release of ~~such~~the spouse's expectancy of dower when	5019
the lease is confirmed. Unless in ~~such~~the answer an allowance in	5020
lieu of dower is waived, the court shall allow, out of the	5021
proceeds of the lease, ~~such~~a sum in money asthat is the just and	5022
reasonable value of ~~such~~the expectancy of dower.	5023

Sec. 2111.29. When a guardian files an application for	5024
authority to lease the real ~~estate~~property of a ward, the same	5025
rules shall apply as to the parties and, upon the filing of the	5026
petition described in section 2111.27 of the Revised Code, ~~like~~	5027
similar proceedings shall be had as in an action to sell real	5028
~~estate~~property belonging to the ward under sections 2127.01 to	5029
2127.43~~, inclusive,~~ of the Revised Code, including services of	5030
summons, notice, appraisal, pleading, rule days, and proof.	5031

Sec. 2111.30. When a guardian applies for authority to lease	5032
the real ~~estate~~property of a ward, the duties of the appraisers	5033
shall be the same as in proceedings to sell real ~~estate~~property	5034
belonging to the ward under sections 2127.22 and 2127.23 of the	5035
Revised Code, except that they shall appraise not only the value	5036
of the real ~~estate~~property but also the value of the annual	5037
rental upon the terms, covenants, conditions, and stipulations of	5038
the proposed lease. If ~~said~~the proposed lease is for the mining	5039
or removal of mineral or other substances, the appraisers shall	5040
report in writing to the probate court their opinion as to the	5041
probability of the lands containing ~~such~~those substances, the	5042
probable quantity of ~~such~~the substances, and the terms upon which	5043
it would be advantageous to the ward to lease the lands for mining	5044
or removing ~~such~~the substances. In their report the appraisers	5045
shall state whether in their opinion, the proposed lease will be	5046
for the best interests of the ward, those whom hethe ward is	5047
required by law to support, or the estate. They may also suggest	5048
any change in the terms, covenants, and stipulations proposed in	5049
the petition. The report of the appraisers shall be returned on or	5050
before the day named in the order for the final hearing of the	5051
case. On the return of the appraisement, the guardian need not	5052
give an additional bond, but in case of sale under the terms of	5053
the lease, ~~such~~the guardian ~~must~~shall give ~~such~~the additional	5054
bond before the confirmation of the sale.	5055

Sec. 2111.31. If the report of the appraisers under section	5056
2111.30 of the Revised Code is favorable to the lease and on the	5057
final hearing the court is of the opinion that it will be to the	5058
advantage of the ward, those whom hethe ward is required by law	5059
to support, or the estate to lease the real ~~estate~~property, the	5060
probate court shall make an order authorizing the lease to be made	5061
by public or private letting, as it ~~deems~~considers best, on ~~such~~	5062
the terms, covenants, conditions, and stipulations, either in	5063
accordance with those set forth in the petition or otherwise, as	5064
that it directs, provided ~~such~~the terms, covenants, conditions,	5065
and stipulations are not less favorable to the ward than those	5066
reported by the appraisers. The lease shall not take effect until	5067
~~such~~the lease and the security, if any, ~~therein~~ prescribed in the	5068
lease are approved and confirmed.	5069

~~In the~~The lease made ~~in pursuance of such~~pursuant to the	5070
court order it may ~~be provided~~provide that the improvements shall	5071
be made by the tenant as part of the rent, or by the guardian,	5072
either out of the rent or other means of the ward as the court	5073
directs.	5074

If the lease is for the mining or removal of mineral or other	5075
substances and the guardian is unable to lease the lands upon the	5076
terms ordered, hethe guardian may report the fact to the court	5077
and ~~such~~the court may change the terms of leasing, but not below	5078
the customary royalty in the vicinity of ~~such~~the lands.	5079

Sec. 2111.33. (A) A guardian may use the moneys and personal	5080
~~estate~~property of ~~his~~the guardian's ward to improve ~~his~~the	5081
ward's real ~~estate~~property. ~~Such~~The guardian shall file in the	5082
probate court in which hethe guardian was appointed a petition	5083
containing the following:	5084

~~(A)~~(1) A description of the premises to be improved;

5085

~~(B)~~(2) The amount of rent the premises yield at the time the	5086
petition is filed;	5087

~~(C)~~(3) In what manner itthe improvement is proposed to ~~make~~	5088
~~such improvement~~be made;	5089

~~(D)~~(4) The proposed expenditures for ~~such~~the improvement;

5090

~~(E) What~~(5) The rent the premises will probably yield when	5091
so improved;	5092

~~(F)~~(6) A statement of the value of the ward's personal ~~estate~~	5093
property;	5094

~~(G)~~(7) Other facts ~~which~~that are pertinent to the question	5095
whether the improvement should be made;	5096

~~(H)~~(8) A prayer that ~~such~~the guardian be authorized to use	5097
so much of ~~his~~the ward's money and personal ~~estate as~~property	5098
that is necessary to make ~~such~~the improvement;	5099

~~(I)~~(9) The character of the disability of the ward, and if it	5100
is incompetency, whether ~~such~~the disability is curable or not,	5101
temporary, or confirmed, and its duration;	5102

~~(J)~~(10) The names, ages, and residence of the family of the	5103
ward, including the spouse and those known to be residents of the	5104
county who have the next estate of inheritance from the ward. All	5105
~~such~~of those persons, as well as the ward, ~~must~~shall be made	5106
defendants and notified of the pendency and prayer of the petition	5107
in ~~such~~the manner asthat the court directs.	5108

(B) If the property is so situated that, to the best	5109
interests of the ward's estate, it can be advantageously improved	5110
in connection with the improvement of property adjacent to it, the	5111
petition shall show this and have a prayer ~~in accordance therewith~~	5112
to so improve the property.	5113

Sec. 2111.34. Upon the filing of the petition described in	5114
section 2111.33 of the Revised Code, ~~like~~similar proceedings	5115
shall be had as to pleadings and proof as on petition by a	5116
guardian to sell the real ~~estate~~property of a ward under sections	5117
2127.01 to 2127.43~~, inclusive,~~ of the Revised Code. The probate	5118
court shall appoint three disinterested freeholders of the county	5119
as commissioners to examine the premises to be improved, to	5120
examine the surroundings, and to report to the court their opinion	5121
whether the improvement proposed will be advantageous to the	5122
estate of the ward.	5123

Sec. 2111.35. On the final hearing of a guardian's	5124
proceeding to improve the real ~~estate~~property of ~~his~~the	5125
guardian's ward, if the prayer of the petition is granted, the	5126
probate court shall fix the amount of money and personal ~~estate~~	5127
property that may be used in making ~~such~~the improvement. ~~Such~~The	5128
court may authorize ~~such~~the guardian to unite with the owners of	5129
adjacent property, upon ~~such~~ equitable terms and conditions as	5130
that the court approves, for the improvement of the premises of	5131
~~his~~the ward and for the proper management and repair of the	5132
property when so improved.	5133

Sec. 2111.36. A guardian shall distinctly report to the	5134
probate court the amount of money and personal property expended	5135
in making an improvement to the ward's real property under section	5136
2111.35 of the Revised Code, within forty days after the	5137
improvement is completed. If the ward dies before the removal of	5138
the disability and there are heirs who inherit real property only	5139
from ~~him~~the ward, the money expended shall descend and pass in	5140
the same manner as ~~his~~the ward's other personal property and	5141
shall be a charge on the premises improved in favor of the heirs	5142
who inherit the personal property.	5143

Sec. 2111.37. When a nonresident minor, incompetent, or	5144
person confined in a state, charitable, or correctional	5145
institution has real ~~estate, chattels,~~property or rights,	5146
credits, or moneys, or other personal property in this state, the	5147
probate court of the county in which the property or a part of it	5148
is situated may appoint a resident guardian of the ward to	5149
manage, collect, lease, and take care of the ward's property. The	5150
appointment may be made whether or not a ward has a guardian,	5151
trustee, or other conservator in the state of the ward's	5152
residence, and, if the ward has a guardian, trustee, or other	5153
conservator in the state of the ward's residence, the control and	5154
authority of the resident guardian appointed in ~~Ohio~~this state	5155
shall be superior as to all property of the ward in ~~Ohio~~this	5156
state.	5157

The first appointment of a resident guardian of a nonresident	5158
ward shall extend to all the property and effects of the ward in	5159
this state and exclude the jurisdiction of the probate court of	5160
any other county.	5161

Sec. 2111.38. The resident guardian of a nonresident ward	5162
shall give bond and be bound and controlled by all the statutes of	5163
~~Ohio~~this state as though hethe resident guardian were a guardian	5164
of a ward resident in this state, and shall have all of the	5165
authority of a guardian of a resident ward including the authority	5166
to lease or sell real ~~estate~~property belonging to the ward.	5167

Unless removed by the probate court, a resident guardian of a	5168
nonresident minor shall hold ~~his~~that appointment until ~~such~~the	5169
minor dies or arrives at the age of majority, whether or not ~~such~~	5170
the minor is over fourteen years of age at the time of	5171
appointment. A resident guardian of any other nonresident ward	5172
shall hold ~~his~~that appointment until the death of the ward or	5173
until the court is satisfied that the necessity for the	5174
guardianship no longer exists.	5175

All moneys due to ~~such~~the nonresident ward while ~~such~~the	5176
resident guardianship continues shall be paid over to ~~his~~the	5177
ward's foreign guardian so far as necessary or proper for the	5178
ward's support and maintenance. If the ward dies, ~~such~~the moneys	5179
shall be paid to ~~his~~the ward's ancillary administrator or other	5180
legal representative, provided that the court ~~which~~that appointed	5181
~~such~~the resident guardian has satisfactory proof, as provided by	5182
section 2111.39 of the Revised Code, of the authority of ~~such~~the	5183
foreign guardian, administrator, or other legal representative to	5184
receive the moneys or ~~estates~~properties of ~~such~~the nonresident	5185
ward, that the security given by ~~such~~the foreign guardian,	5186
administrator, or other legal representative is sufficient to	5187
protect ~~such~~the ward's interest or estate, and ~~provided such~~that	5188
the court ~~deems~~considers it best for ~~him~~the ward or ~~his~~the	5189
ward's estate.	5190

Sec. 2111.39. When a foreign legal representative of a	5191
nonresident ward applies to have all or any of the moneys or	5192
property in the ~~hands~~possession or under the control of the	5193
resident guardian of ~~such~~the ward paid or delivered to ~~him~~the	5194
foreign representative, ~~he must~~the foreign representative shall	5195
file ~~his~~a petition or motion in the probate court by which ~~such~~	5196
the resident guardian was appointed. ~~Such~~The resident guardian	5197
~~must~~shall be given thirty days' notice of the time of hearing	5198
~~thereon~~on the petition or motion, and ~~such~~the foreign	5199
representative ~~must~~shall produce an exemplification under the	5200
seal of the office, if there beis a seal, of the proper court of	5201
the state of ~~his~~the foreign representative's residence containing	5202
all the entries on record in relation to ~~his~~the foreign	5203
representative's appointment and qualification, authenticated as	5204
required by the act of congress in ~~such~~those cases. Upon the	5205
hearing ~~thereof~~, the court shall make ~~such~~an order asthat it	5206
~~deems~~considers for the best interests of ~~such~~the nonresident	5207
ward or ~~his~~the nonresident ward's estate.	5208

Sec. 2111.40. When a nonresident ward for whom a resident	5209
guardian was appointed has become a resident since the appointment	5210
and a guardian has been appointed for ~~such~~the ward, the probate	5211
court shall remove the resident guardian previously appointed and	5212
require an immediate settlement of ~~his~~the account of the resident	5213
guardian previously appointed.	5214

Sec. 2111.41. When a ward for whom a guardian has been	5215
appointed in this state removes to another state or territory, and	5216
a guardian of the ward is there appointed, the guardian in this	5217
state may be removed and required to settle ~~his~~that guardian's	5218
account.	5219

~~Such a~~That removal of the guardian in this state shall not	5220
be made unless the guardian appointed in another state or	5221
territory applies to the probate court in this state that made the	5222
former appointment, and files an exemplification from the record	5223
of the court making the foreign appointment containing all the	5224
entries and proceedings relating to ~~his~~the foreign guardian's	5225
appointment~~, his~~and giving bond, with a copy ~~thereof,~~of the bond	5226
and of the letters of guardianship, all authenticated as required	5227
by the act of congress. Before ~~such an~~the application is heard or	5228
action taken by the court, at least thirty days' written notice	5229
shall be served on the guardian appointed in this state specifying	5230
the object of the application, and the time it is to be heard.	5231

No ~~such~~ removal of a guardian under this section shall be	5232
made in favor of a foreign guardian, unless at the time of the	5233
hearing the state or territory in which hethe foreign guardian	5234
was appointed has a similar provision as to wards removing from	5235
that state or territory. The court shall grant the application	5236
unless it makes an affirmative finding that the removal of the	5237
guardian appointed in this state would not be in the interest of	5238
the ward.	5239

If on ~~such a~~the hearing the court removes the guardian, it	5240
shall make all suitable orders for discharging the guardian and	5241
shall deliver to the foreign guardian all moneys and other	5242
property in the ~~hands~~possession or under the control of the	5243
resident guardian after ~~his~~the resident guardian's settlement.	5244

Sec. 2111.44. Applications for the sale of real ~~estate~~	5245
property by guardians of wards who live out of this state shall be	5246
made in the county in which the land is situated. If ~~such~~the real	5247
~~estate~~property is situated in two or more counties, ~~such~~the	5248
application shall be made in one of the counties in which a part	5249
of it is situated. Additional security~~, which~~that may be approved	5250
by the probate court of the county in which the application is	5251
made, shall be required from ~~such~~the guardian ~~when deemed~~if	5252
considered necessary.	5253

Sec. 2111.46. When a guardian has been appointed for a minor	5254
before ~~such~~the minor is over fourteen years of age, ~~such~~the	5255
guardian's power shall continue until the ward arrives at the age	5256
of majority, unless removed for good cause or unless ~~such~~the ward	5257
selects another suitable guardian. After ~~such~~the selection is	5258
made and approved by the probate court and the person selected is	5259
appointed and qualified, the powers of the former guardian shall	5260
cease. ~~Thereupon his~~The former guardian's final account as	5261
guardian shall then be filed and settled in court.	5262

Upon the termination of a guardianship of the person, estate,	5263
or both of a minor before ~~such~~the minor reaches eighteen years of	5264
age, if a successor guardian is not appointed and if the court	5265
finds that ~~such~~the minor is without proper care, the court shall	5266
certify a copy of its finding together with as much of the record	5267
and ~~such~~any further information asthat the court ~~deems~~considers	5268
necessary, or as the juvenile court may request, to the juvenile	5269
court for further proceedings ~~and thereupon such~~. Upon that	5270
certification, the juvenile court shall have exclusive	5271
jurisdiction respecting ~~such child~~the minor.	5272

Sec. 2111.48. All sales, leases, encumbrances, or liens made	5273
or created on any real ~~estate~~property located in ~~Ohio~~this state	5274
by guardians for persons who are incompetent by reason of advanced	5275
age or mental or physical disability since August 17, 1919, by	5276
order of any court of this state shall not be declared invalid for	5277
the reason that ~~such~~the guardians for the incompetents were not	5278
vested with all the statutory powers given to guardians of ~~idiots,~~	5279
~~imbeciles, and lunatics~~incompetents. ~~Such~~Those acts of guardians	5280
for incompetents are legal and effective.	5281

Sec. 2111.50. (A)(1) At all times, the probate court is the	5282
superior guardian of wards who are subject to its jurisdiction,	5283
and all guardians who are subject to the jurisdiction of the court	5284
shall obey all orders of the court that concern their wards or	5285
guardianships.	5286

(2)(a) Subject to divisions (A)(2)(b) and (c) of this	5287
section, the control of a guardian over the person, the estate, or	5288
both of ~~his~~the guardian's ward is limited to the authority that	5289
is granted to the guardian by the Revised Code, relevant decisions	5290
of the courts of this state, and orders or rules of the probate	5291
court.	5292

(b) Except for the powers specified in division (E) of this	5293
section and unless otherwise provided in or inconsistent with	5294
another section of the Revised Code, the probate court may confer	5295
upon a guardian any power that this section grants to the probate	5296
court in connection with wards.	5297

(c) For good cause shown, the probate court may limit or	5298
deny, by order or rule, any power that is granted to a guardian by	5299
a section of the Revised Code or relevant decisions of the courts	5300
of this state.	5301

(B) In connection with any person whom the probate court has	5302
found to be an incompetent or a minor subject to guardianship and	5303
for whom the court has appointed a guardian, the court has,	5304
subject to divisions (C) to (E) of this section, all the powers	5305
that relate to the person and estate of the ~~person~~ward and that	5306
hethe ward could exercise if present and not a minor or under a	5307
disability, except the power to make or revoke a will. These	5308
powers include, but are not limited to, the power to do any of the	5309
following:	5310

(1) Convey or release the present, contingent, or expectant	5311
interests in real or personal property of the ~~person~~ward,	5312
including, but not limited to, dower and any right of survivorship	5313
incident to a survivorship tenancy, joint tenancy, or tenancy by	5314
the entireties;	5315

(2) Exercise or release powers as a trustee, personal	5316
representative, custodian for a minor, guardian, or donee of a	5317
power of appointment;	5318

(3) Enter into contracts, or create revocable trusts of	5319
property of the estate of the ~~person~~ward, that may not extend	5320
beyond the minority, disability, or life of the ~~person or~~ ward;	5321

(4) Exercise options to purchase securities or other	5322
property;	5323

(5) Exercise rights to elect options under annuities and	5324
insurance policies, and to surrender an annuity or insurance	5325
policy for its cash value;	5326

(6) Exercise the right to an elective share in the estate of	5327
the deceased spouse of the ~~person~~ward pursuant to section ~~2107.45~~	5328
2106.08 of the Revised Code;	5329

(7) Make gifts, in trust or otherwise, to relatives of the	5330
~~person~~ward and, consistent with any prior pattern of the ~~person~~	5331
ward of giving to charities or of providing support for friends,	5332
to charities and friends of the ~~person~~ward.	5333

(C) Except for the powers specified in division (D) of this	5334
section, all powers of the probate court that are specified in	5335
this chapter and that relate either to any person whom it has	5336
found to be an incompetent or a minor subject to guardianship and	5337
for whom it has appointed a guardian and all powers of a guardian	5338
that relate to ~~his~~the guardian's ward or guardianship as	5339
described in division (A)(2) of this section, shall be exercised	5340
in the best interest, as determined in the court's or guardian's	5341
judgment, of the following:	5342

(1) The ~~person~~ward whom the probate court has found to be an	5343
incompetent or a minor subject to guardianship;	5344

(2) The dependents of the ~~person~~ward;

5345

(3) The members of the household of the ~~person~~ward.

5346

(D) If the court is to exercise or direct the exercise,	5347
pursuant to division (B) of this section, of the power to make	5348
gifts in trust or otherwise, the following conditions shall apply:	5349

(1) The exercise of the particular power shall not impair the	5350
financial ability of the estate of the ~~person~~ward whom the	5351
probate court has found to be an incompetent or a minor subject to	5352
guardianship and for whom the court has appointed a guardian, to	5353
provide for ~~his~~the ward's foreseeable needs for maintenance and	5354
care;	5355

(2) If applicable, the court shall consider any of the	5356
following:	5357

(a) The estate, income, and other tax advantages of the	5358
exercise of a particular power to the estate of a ~~person~~ward whom	5359
the probate court has found to be an incompetent or a minor	5360
subject to guardianship and for whom the court has appointed a	5361
guardian;	5362

(b) Any pattern of giving of, or any pattern of support	5363
provided by, the ~~person~~ward prior to ~~his~~the ward's incompetence;	5364

(c) The disposition of property made by the ward's will of	5365
~~the person~~;	5366

(d) If there is no knowledge of a will of the ~~person~~ward,	5367
~~his~~the ward's prospective heirs;	5368

(e) Any relevant and trustworthy statements of the ~~person~~	5369
ward, whether established by hearsay or other evidence.	5370

(E)(1) The probate court shall cause notice as described in	5371
division (E)(2) of this section to be given and a hearing to be	5372
conducted prior to its exercise or direction of the exercise of	5373
any of the following powers pursuant to division (B) of this	5374
section:	5375

(a) The exercise or release of powers as a donee of a power	5376
of appointment;	5377

(b) Unless the amount of the gift is no more than one	5378
thousand dollars, the making of a gift, in trust or otherwise.	5379

(2) The notice required by division (E)(1) of this section	5380
shall be given to the following persons:	5381

(a) Unless a guardian of a ward has applied for the exercise	5382
of a power specified in division (E)(1) of this section, to the	5383
guardian;	5384

(b) To the ~~person~~ward whom the probate court has found to be	5385
an incompetent or a minor subject to guardianship;	5386

(c) If known, to a guardian who applied for the exercise of a	5387
power specified in division (E)(1) of this section, to the	5388
prospective heirs of the ~~person~~ward whom the probate court has	5389
found to be an incompetent or a minor subject to guardianship	5390
under section 2105.06 of the Revised Code, and any person who has	5391
a legal interest in property that may be divested or limited as	5392
the result of the exercise of a power specified in division (E)(1)	5393
of this section;	5394

(d) To any other persons the court orders.

5395

(F) When considering any question related to, and issuing	5396
orders for, medical or surgical care or treatment of incompetents	5397
or minors subject to guardianship, the probate court has full	5398
parens patriae powers unless otherwise provided by a section of	5399
the Revised Code.	5400

Sec. 2113.01. Upon the death of a resident of this state who	5401
dies intestate, letters of administration of ~~his~~the decedent's	5402
estate shall be granted by the probate court of the county in	5403
which hethe decedent was a resident at the time ~~he died~~of death.	5404

If the will of any person is admitted to probate in this	5405
state, letters testamentary or of administration shall be granted	5406
by the probate court in which ~~such~~the will was admitted to	5407
probate.	5408

Sec. 2113.03. (A) Subject to division ~~(D)~~(I) of this	5409
section, an estate may be released from administration under	5410
division (B) of this section if either of the following applies:	5411

(1) The value of the assets of the estate is thirty-five	5412
thousand dollars or less.	5413

(2) The value of the assets of the estate is one hundred	5414
thousand dollars or less and either of the following applies:	5415

(a) The decedent devised and bequeathed in a valid will all	5416
of the assets of the decedent's estate to a person who is named in	5417
the will as the decedent's spouse, and the decedent is survived by	5418
that person.	5419

(b) The decedent is survived by a spouse whose marriage to	5420
the decedent was solemnized in a manner consistent with Chapter	5421
3101. of the Revised Code or with a similar law of another state	5422
or nation, the decedent died without a valid will, and the	5423
decedent's surviving spouse is entitled to receive all of the	5424
assets of the decedent's estate under section 2105.06 of the	5425
Revised Code or by the operation of that section and division	5426
(B)(1) or (2) of section 2106.13 of the Revised Code.	5427

(B) Upon the application of any interested party, after	5428
notice of the filing of the application has been given to the	5429
surviving spouse and heirs at law in the manner and for the length	5430
of time the probate court directs, and after notice to all	5431
interested parties by publication in a newspaper of general	5432
circulation in the county, unless the notices are waived or found	5433
unnecessary, the court, when satisfied that division (A)(1) or (2)	5434
of this section is satisfied, may enter an order relieving the	5435
estate from administration and directing delivery of personal	5436
property and transfer of real ~~estate~~property to the persons	5437
entitled to the personal property or real ~~estate~~property.	5438

(C) For the purposes of this section, the value of an estate	5439
that reasonably can be considered to be in an amount specified in	5440
division (A)(1) or (2) of this section and that is not composed	5441
entirely of money, stocks, bonds, or other property the value of	5442
which is readily ascertainable, shall be determined by an	5443
appraiser selected by the applicant, subject to the approval of	5444
the court. The appraiser's valuation of the property shall be	5445
reported to the court in the application to relieve the estate	5446
from administration. The appraiser shall be paid in accordance	5447
with section 2115.06 of the Revised Code.	5448

(D) For the purposes of this section, the amount of property	5449
to be delivered or transferred to the surviving spouse, minor	5450
children, or both, of the decedent as the allowance for support	5451
shall be established in accordance with section 2106.13 of the	5452
Revised Code.	5453

~~When a delivery, sale, or transfer of personal property has~~	5454
~~been ordered from an estate that has been relieved from~~	5455
~~administration, the~~(E) The court may appoint a commissioner to	5456
execute all necessary instruments of conveyance, including the	5457
instruments of conveyance and other documents required for the	5458
transfer of title upon the sale of real property pursuant to	5459
section 2127.011 of the Revised Code. The commissioner shall	5460
receipt for the property, distribute the proceeds of the	5461
conveyance upon court order, and report to the court after	5462
~~distribution~~the delivery, sale, or transfer of personal or real	5463
property from an estate that has been relieved from	5464
administration.	5465

(F) When the decedent died testate, the will shall be	5466
presented for probate, and, if admitted to probate, the court may	5467
relieve the estate from administration and order distribution of	5468
the estate under the will.	5469

(G) An order of the court relieving an estate from	5470
administration shall have the same effect as administration	5471
proceedings in freeing ~~land~~real property in the ~~hands~~possession	5472
or under the control of an innocent purchaser for value from	5473
possible claims of unsecured creditors.	5474

~~(C)~~(H) Any delivery of personal property or transfer of real	5475
~~estate~~property pursuant to an order relieving an estate from	5476
administration is made subject to the limitations pertaining to	5477
the claims of creditors set forth in divisions (B) and (C) of	5478
section 2117.06 of the Revised Code.	5479

~~(D)~~(I) The release of an estate from administration under	5480
this section does not affect any duty of any person to file an	5481
estate tax return and certificate under division (A) of section	5482
5731.21 of the Revised Code and does not affect the duties of a	5483
probate court set forth in that division.	5484

~~(E)~~(J) This section does not affect the ability of qualified	5485
persons to file an application for a summary release from	5486
administration under section 2113.031 of the Revised Code or to	5487
file an application for the grant of letters testamentary or	5488
letters of administration.	5489

Sec. 2113.04. (A) Any employer, including the state or a	5490
political subdivision, at any time after the death of ~~his or its~~	5491
an employee, may pay all wages or personal earnings due to the	5492
deceased employee to~~: (A) the surviving spouse; (B) any one or~~	5493
~~more of the children eighteen years of age or older; or (C) the~~	5494
~~father or mother of the deceased employee~~the following,	5495
preference being given in the order named, without requiring	5496
letters testamentary or letters of administration to be issued	5497
upon the estate of the deceased employee, and without requiring an	5498
Ohio estate tax release ~~where~~if the wages or personal earnings do	5499
not exceed ~~two~~five thousand ~~five hundred~~ dollars~~. The~~:	5500

(1) The surviving spouse;

5501

(2) Any one or more of the children eighteen years of age or	5502
older;	5503

(3) The father or mother of the deceased employee.

5504

(B) The payment of wages or personal earnings under division	5505
(A) of this section is a full discharge and release to the	5506
employer from any claim for the wages or personal earnings. If	5507
letters testamentary or letters of administration are thereafter	5508
issued upon the estate of the deceased employee, any person	5509
receiving payment of wages or personal earnings under ~~this section~~	5510
that division is liable to the executor or administrator for the	5511
sum received by ~~him~~the person.	5512

Sec. 2113.05. When a will is approved and allowed, the	5513
probate court shall issue letters testamentary to the executor	5514
named in the will or to the executor nominated by holders of a	5515
power as described in section 2107.65 of the Revised Code, or to	5516
the executor named in the will and to a coexecutor nominated by	5517
holders of ~~such a~~that power, if hethe executor or coexecutor is	5518
suitable, competent, accepts the appointment, and gives bond if	5519
that is required.	5520

If no executor is named in a will and no power as described	5521
in section 2107.65 of the Revised Code is conferred in the will,	5522
or if the executor named in a will or nominated pursuant to ~~such a~~	5523
that power dies, fails to accept the appointment, resigns, or is	5524
otherwise disqualified and the holders of ~~such a~~the power do not	5525
have authority to nominate another executor or ~~no such~~the power	5526
is not conferred in the will, or if ~~such a~~the power is conferred	5527
in a will but the power cannot be exercised because of the death	5528
of a holder of the power, letters of administration with the will	5529
annexed shall be granted to a suitable person or persons, named as	5530
devisees or legatees in the will, who would have been entitled to	5531
administer the estate if the decedent had died intestate, unless	5532
the will indicates an intention that the person or persons shall	5533
not be granted letters of administration. Otherwise, the court	5534
shall grant letters of administration with the will annexed to	5535
some other suitable person.	5536

Sec. 2113.06. (A) Administration of the estate of an	5537
intestate shall be granted to persons mentioned in this ~~section~~	5538
division, in the following order:	5539

~~(A)~~(1) To the surviving spouse of the deceased, if resident	5540
of the state;	5541

~~(B)~~(2) To one of the next of kin of the deceased, resident of	5542
the state.	5543

(B) If the persons entitled to administer the estate under	5544
division (A) of this section fail to take or renounce	5545
administration voluntarily, ~~they shall be cited by the probate~~	5546
~~court for that purpose~~the matter shall be set for hearing and	5547
notice given to the persons.	5548

(C) If there are no persons entitled to administration, or if	5549
they are for any reason unsuitable for the discharge of the trust,	5550
or if without sufficient cause they neglect to apply within a	5551
reasonable time for the administration of the estate, their right	5552
to priority shall be lost, and the court shall commit the	5553
administration to some suitable person who is a resident of the	5554
state, or to the attorney general or the attorney general's	5555
designee, if the department of job and family services is seeking	5556
to recover medical assistance from the deceased pursuant to	5557
section 5111.11 or 5111.111 of the Revised Code. ~~Such~~The person	5558
granted administration may be a creditor of the estate.	5559

(D) This section applies to the appointment of an	5560
administrator de bonis non.	5561

Sec. 2113.07. Before being appointed executor or	5562
administrator, every person shall make and file an application	5563
that shall contain the names of the surviving spouse and all the	5564
next of kin of the deceased known to the applicant, their	5565
~~post-office~~ addresses of usual residence if known, a statement in	5566
general terms ~~as to~~of what the estate consists of and its	5567
probable value, and a statement of any indebtedness the deceased	5568
had against the applicant.	5569

The application may be accompanied by a waiver signed by the	5570
persons who have priority to administer the estate, and, in the	5571
absence of a waiver, those persons shall be ~~cited by the probate~~	5572
~~court~~served notice for the purpose of ascertaining whether they	5573
desire to take or renounce administration. Minors who would have	5574
been entitled to priority to administer the estate except for	5575
their minority also shall be served notice pursuant to the Rules	5576
of Civil Procedure.	5577

Letters of administration shall not be issued upon the estate	5578
of an intestate until the person to be appointed has made and	5579
filed a statement indicating that ~~there is not to his~~the person	5580
has no knowledge of a ~~last~~ will ~~and testament~~ of the intestate.	5581

Sec. 2113.12. If a person named as executor in the will of a	5582
decedent, or nominated as an executor by holders of a power as	5583
described in section 2107.65 of the Revised Code, refuses to	5584
accept the trust, or, if after being ~~cited~~served notice for that	5585
purpose, neglects to appear and accept, or if hethe person named	5586
or nominated as executor neglects for twenty days after the	5587
probate of the will to give any required bond, the probate court	5588
shall grant letters testamentary to the other executor, if there	5589
is one capable and willing to accept the trust, and if there is no	5590
~~such~~ other executor named in the will or nominated by holders of a	5591
power as described in section 2107.65 of the Revised Code, the	5592
court shall commit administration of the estate, with the will	5593
annexed, to some suitable and competent person, pursuant to	5594
section 2113.05 of the Revised Code.	5595

Sec. 2113.13. When a person ~~appointed~~nominated as executor	5596
is under the age of eighteen years at the time of ~~proving~~	5597
admitting the will to probate, administration may be granted with	5598
the will annexed during ~~his~~the nominee's minority, unless there	5599
is another executor who will accept the trust. If there is ~~such an~~	5600
that other executor, the estate shall be administered by ~~him~~that	5601
executor until the minor arrives at full age when ~~such~~the former	5602
minor may be admitted as executor ~~with him~~ upon giving bond as	5603
provided in section 2109.04 of the Revised Code.	5604

Sec. 2113.14. The executor of an executor has no authority,	5605
as such, to administer the estate of the first testator. On the	5606
death of the sole or surviving executor of a ~~last~~ will,	5607
administration of that part of the estate of the first testator	5608
not already administered may be granted, with the will annexed, to	5609
~~such~~the person asthat the probate court appoints.	5610

Sec. 2113.15. When there is delay in granting letters	5611
testamentary or of administration, the probate court may appoint a	5612
special administrator to collect and preserve the effects of the	5613
deceased and grant the special administrator any other authority	5614
that the court considers appropriate.	5615

~~Such~~The special administrator ~~must~~shall collect the	5616
~~chattels~~assets and debts of the deceased and preserve them for	5617
the executor or administrator who thereafter is appointed. For	5618
that purpose ~~such~~the special administrator may begin ~~and~~,	5619
maintain, or defend suits as administrator and also sell ~~such~~	5620
~~goods as~~any assets the court orders sold. HeThe special	5621
administrator shall be allowed ~~such~~the compensation for ~~his~~the	5622
special administrator's services asthat the court thinks	5623
reasonable, if ~~he forthwith delivers the property and effects of~~	5624
~~the estate to the executor or administrator who supersedes~~ ~~him~~the	5625
special administrator faithfully fulfills the fiduciary duties.	5626

Sec. 2113.16. Upon granting of letters testamentary or of	5627
administration, the power of a special administrator appointed	5628
under section 2113.15 of the Revised Code shall ~~cease~~terminate	5629
and ~~he forthwith must deliver~~the special administrator shall	5630
transfer to the executor or administrator all the ~~chattels and~~	5631
~~moneys~~assets of the deceased in ~~his hands~~the possession or	5632
under the control of the special administrator. The special	5633
administrator shall file an account of the special administration	5634
within thirty days of the appointment of the executor or	5635
administrator. The account shall be in conformance with section	5636
2109.30 of the Revised Code. The executor or administrator may be	5637
admitted to prosecute any suit begun by the special	5638
administrator, as an administrator de bonis non is authorized to	5639
prosecute a suit commenced by a former executor or administrator.	5640

If ~~such~~the special administrator neglects or refuses to	5641
~~deliver over~~transfer the ~~property~~assets and estate to the	5642
executor or administrator, the probate court may compel ~~him to do~~	5643
sothe transfer by citation and attachment. The executor or	5644
administrator also may proceed, by civil action, to recover the	5645
value of the assets from ~~such~~the special administrator and ~~his~~	5646
the special administrator's sureties.	5647

Sec. 2113.17. A creditor's claim may be presented in	5648
accordance with section 2117.06 of the Revised Code to a special	5649
administration appointed under section 2113.15 of the Revised	5650
Code.	5651

Sec. 2113.18. (A) The probate court may remove any executor	5652
or administrator if there are unsettled claims existing between	5653
~~him~~the executor or administrator and the estate~~, which~~that the	5654
court thinks may be the subject of controversy or litigation	5655
between ~~him~~the executor or administrator and the estate or	5656
persons interested ~~therein~~in the estate.	5657

(B) The probate court may remove any executor or	5658
administrator upon motion of the surviving spouse, children, or	5659
other next of kin of the deceased person whose estate is	5660
administered by the executor or administrator if both of the	5661
following apply:	5662

(1) The executor or administrator refuses to bring an action	5663
for wrongful death in the name of the deceased person;.	5664

(2) The court determines that a prima-facie case for a	5665
wrongful death action can be made from the information available	5666
to the executor or administrator.	5667

Sec. 2113.19. When a sole executor or administrator dies	5668
without having fully administered the estate, the probate court	5669
shall grant letters of administration, with the will annexed or	5670
otherwise as the case requires, to some suitable person pursuant	5671
to section 2113.05 or 2113.06 of the Revised Code. ~~Such~~That	5672
person shall administer the ~~goods and estate~~assets of the	5673
deceased not previously administered~~, in case there is personal~~	5674
~~estate to be administered to the amount of twenty dollars or debts~~	5675
~~to that amount due from the estate~~.	5676

Sec. 2113.20. If a will of a deceased is proved and allowed	5677
after letters of administration have been granted as of an	5678
intestate estate, the first administration shall be revoked,	5679
unless before ~~such~~the revocation a ~~petition~~complaint contesting	5680
the probate of ~~such~~the will is filed in the probate court of	5681
~~common pleas~~. If ~~such~~ a ~~petition~~complaint of that nature is	5682
filed, the probate court may allow the administration to be	5683
continued ~~in the hands of~~by the original administrators until the	5684
final determination of ~~such~~the contest. If the will is sustained,	5685
the first administration ~~must~~shall be revoked. In either case,	5686
upon revocation of the first administration and the appointment of	5687
an executor or administrator with the will annexed, ~~such~~that	5688
executor or administrator shall be admitted to prosecute or defend	5689
any suit, proceeding, or matter begun by or against the original	5690
administrator, in ~~like~~the same manner as an administrator de	5691
bonis non is authorized to prosecute or defend a suit commenced by	5692
a former executor or administrator.	5693

Sec. 2113.21. (A) When a will is contested, the executor, the	5694
administrator de bonis non, with the will annexed, or the	5695
testamentary trustee may, during the contest, do the following:	5696

~~(A)~~(1) Control all the real ~~estate which is included in the~~	5697
~~will but not specifically devised~~property and all the personal	5698
~~estate~~property of the testator not administered before ~~such~~the	5699
contest;	5700

~~(B)~~(2) Collect the debts and convert all assets into money,	5701
except those ~~which~~that are specially bequeathed;	5702

~~(C)~~(3) Pay all taxes on ~~such~~the real and personal property	5703
and all debts;	5704

~~(D)~~(4) Repair buildings and make other improvements if	5705
necessary to preserve the real property from waste;	5706

~~(E)~~(5) Insure ~~such~~those buildings upon an order first	5707
obtained from the probate court having jurisdiction of ~~such~~the	5708
executor, administrator, or testamentary trustee;	5709

~~(F)~~(6) Advance or borrow money on the credit of ~~such~~the	5710
estate for ~~such~~the repairs, taxes, and insurance ~~which~~that shall	5711
be a charge ~~thereon~~on the estate;	5712

~~(G)~~(7) Receive and receipt for a distributive share of an	5713
estate or trust to which ~~such~~the testator would have been	5714
entitled, if living.	5715

(B) The court may require ~~such~~ additional bonds asthat from	5716
time to time ~~seems~~seem proper.	5717

Sec. 2113.22. An ~~administrator or~~ executor or administrator	5718
appointed in the place of an executor or administrator who has	5719
resigned or been removed, whose letters have been revoked, or	5720
whose authority has been extinguished is entitled to the	5721
possession of all the unadministered personal effects and assets	5722
of the estate ~~unadministered,~~ and all other funds collected and	5723
unaccounted for by ~~such~~the former executor or administrator, and	5724
may maintain a suit against the former executor or administrator	5725
and ~~his~~the former executor's or administrator's sureties on the	5726
administration bond to recover ~~such~~those effects, assets, and	5727
funds and for all damages arising from the maladministration or	5728
omissions of the former executor or administrator.	5729

Sec. 2113.25. ~~So far as the executor or administrator is~~	5730
~~able, the~~The executor or administrator of an estate shall collect	5731
the assets and complete the administration of that estate within	5732
~~thirteen~~six months after the date of appointment unless an	5733
extension of the time to file a final and distributive account is	5734
authorized under division (B) of section 2109.301 of the Revised	5735
Code.	5736

~~Upon application of the executor or administrator and notice~~	5737
~~to the interested parties, if the probate court considers that~~	5738
~~notice necessary, the court may allow further time in which to~~	5739
~~collect assets, to convert assets into money, to pay creditors, to~~	5740
~~make distributions to legatees or distributees, to file partial,~~	5741
~~final, and distributive accounts, and to settle estates. The~~	5742
~~court, upon application of any interested party, may authorize the~~	5743
~~examination under oath in open court of the executor or~~	5744
~~administrator upon any matter relating to the administration of~~	5745
~~the estate~~For good cause shown, the court may grant an extension	5746
of the time to file the inventory and accounts.	5747

Sec. 2113.26. The court, upon application of any interested	5748
party, may authorize the examination of the executor or	5749
administrator under oath in open court on any matter relating to	5750
the administration of the estate.	5751

Sec. 2113.30. (A) Except as otherwise directed by the	5752
decedent in the decedent's ~~last~~ will ~~and testament~~, an executor or	5753
administrator, without personal liability for losses incurred, may	5754
continue the decedent's business during four months next following	5755
the date of the appointment of that executor or administrator,	5756
unless the probate court directs otherwise, and for any further	5757
time that the court may authorize upon a hearing and after notice	5758
to the surviving spouse and distributees. In either case, no debts	5759
incurred or contracts entered into shall involve the estate beyond	5760
the assets used in that business immediately prior to the death of	5761
the decedent without first obtaining the approval of the court.	5762
During the time the business is continued, the executor or	5763
administrator shall file monthly reports in the court, setting	5764
forth the receipts and expenses of the business for the preceding	5765
month and any other pertinent information that the court may	5766
require. The executor or administrator may not bind the estate	5767
without court approval beyond the period during which the business	5768
is continued.	5769

(B) As used in this section, "decedent's business" means a	5770
business that is owned by the decedent as a sole proprietor at the	5771
time of the decedent's death. "Decedent's business" does not	5772
include a business that is owned in whole or in part by the	5773
decedent as a shareholder of a corporation, a member of a limited	5774
liability company, or a partner of a partnership, or under any	5775
other form of ownership other than a sole proprietorship.	5776

Sec. 2113.31. Every executor or administrator is chargeable	5777
with all ~~chattels, rights, and credits~~assets of the deceased	5778
~~which~~that come into ~~his hands~~the possession or under the control	5779
of the executor or administrator and are to be administered,	5780
although not included in the inventory required by section 2115.02	5781
of the Revised Code. ~~Such~~The executor or administrator is also	5782
chargeable with all the proceeds of personal property and real	5783
~~estate~~property sold for the payment of debts or legacies, and all	5784
the interest, profit, and income that in any way comes ~~to his~~	5785
~~hands~~into the possession or under the control of the executor or	5786
administrator from the personal ~~estate~~property of the deceased.	5787

Sec. 2113.311. (A) If, within a reasonable time after the	5788
appointment of the executor or administrator, no one in authority	5789
has taken over the management and rental of any real ~~estate~~	5790
property of which the decedent died seized, the executor or	5791
administrator, or an heir or devisee may, unless the will	5792
otherwise provides, make application to the probate court for an	5793
order authorizing the executor or administrator to assume ~~such~~	5794
those duties. ~~Such~~The application shall contain the following:	5795

(1) A brief statement of the facts upon which the application	5796
is based and ~~such~~any other pertinent information asthat the	5797
court may require;	5798

(2) A description or identification of the real ~~estate~~	5799
property and the interest owned by the decedent at the time of ~~his~~	5800
death;	5801

(3) The names and addresses, if known to the applicant, of	5802
the persons to whom ~~such~~the real ~~estate~~property passed by	5803
descent or devise.	5804

(B) Notice of the time of hearing on ~~such~~the application	5805
shall be given to the persons designated in ~~sub-paragraph~~ division	5806
(A)(3) of this section, unless for good cause the court dispenses	5807
with ~~such~~that notice, and also to the executor or administrator,	5808
unless the executor or administrator is the applicant.	5809

(C) If the court finds that the statements contained in the	5810
application are true and that it would be for the best interest of	5811
~~such~~those heirs or devisees that the application be granted, it	5812
may authorize the executor or administrator to assume the	5813
management and rental of ~~such~~the real ~~estate~~property.	5814

(D) The court may require bond, new or additional, in an	5815
amount to be fixed by the court and conditioned that the executor	5816
or administrator will faithfully and honestly discharge the duties	5817
devolving ~~upon him by~~from the provisions of this section.	5818

~~(B)~~(E) In the exercise of ~~such~~the authority granted under	5819
this section, the executor or administrator shall be authorized to	5820
do the following:	5821

(1) Collect rents;

5822

(2) From the rents collected:

5823

(a) Pay all taxes and assessments due on ~~such~~the real ~~estate~~	5824
property, and all ~~such~~ usual operating expenses in connection with	5825
~~the~~its management ~~thereof~~;	5826

(b) Make repairs when necessary to preserve ~~such~~the real	5827
~~estate~~property from waste, provided that an order of the court	5828
shall first be obtained if the cost of ~~such~~ repairs exceeds one	5829
hundred dollars;	5830

(c) Insure buildings against loss by fire or other casualty	5831
and against public liability;.	5832

(3) Advance money upon an order first obtained from the	5833
court, for ~~such~~the repairs, taxes, insurance, and all usual	5834
operating expenses~~, which~~that shall be a charge on ~~such~~the real	5835
~~estate~~property;	5836

(4) Rent the property on a month-to-month basis, or, upon an	5837
order first obtained from the court, for a period not to exceed	5838
one year;	5839

(5) Prosecute actions for forcible entry and detention of	5840
~~such~~the real ~~estate~~property.	5841

(F) The executor or administrator shall, at intervals not to	5842
exceed twelve months, pay over to the heirs or devisees, if known,	5843
their share of the net rents, and shall account for all money	5844
received and paid out under authority of this section in ~~his~~the	5845
executor's or administrator's regular accounts of the	5846
administration of the estate, but in a separate schedule. If any	5847
share of the net rents remains unclaimed, it may be disposed of in	5848
the same manner as is provided for unclaimed money under section	5849
2113.64 of the Revised Code.	5850

(G) The authority granted under this section shall terminate	5851
upon the transfer of the real ~~estate~~property to the heirs or	5852
devisees in accordance with section 2113.61 of the Revised Code,	5853
or upon a sale ~~thereof~~of the real property, or upon application	5854
of the executor or administrator, or for a good cause shown, upon	5855
the application of an heir or devisee.	5856

(H) Upon application the court may allow compensation to the	5857
executor or administrator for extraordinary services~~, which~~that	5858
shall be charged against the rents, and if ~~said~~the rents beare	5859
insufficient, shall be a charge against ~~such~~the real ~~estate~~	5860
property.	5861

Upon application the court may allow reasonable attorney fees	5862
paid by the executor or administrator when an attorney is employed	5863
in connection with the management and rental of ~~such~~the real	5864
~~estate, which~~property that shall be charged against the rents,	5865
and if ~~said~~the rents beare insufficient, shall be a charge	5866
against ~~such~~the real ~~estate~~property.	5867

Sec. 2113.33. An executor or administrator is not	5868
accountable for debts inventoried as due to the decedent, if it	5869
appears to the probate court that, without ~~his~~the executor's or	5870
administrator's fault, they remain uncollected.	5871

Sec. 2113.34. If an executor or administrator neglects to	5872
sell personal property ~~which he~~that is required to ~~sell~~be sold,	5873
and retains, consumes, or disposes of it for ~~his~~the executor's or	5874
administrator's own benefit, hethe executor or administrator	5875
shall be charged ~~therewith~~with the personal property at double	5876
the value affixed ~~thereto~~to the property by the appraisers.	5877

Sec. 2113.35. (A) Executors and administrators shall be	5878
allowed ~~commissions~~fees upon the amount of all the personal	5879
~~estate~~property, including the income from the personal ~~estate~~	5880
property, that is received and accounted for by them and upon the	5881
proceeds of real ~~estate~~property that is sold, as follows: ~~(A)~~	5882

(1) For the first one hundred thousand dollars, at the rate	5883
of four per cent; ~~(B)~~	5884

(2) All above one hundred thousand dollars and not exceeding	5885
four hundred thousand dollars, at the rate of three per cent; ~~(C)~~	5886

(3) All above four hundred thousand dollars, at the rate of	5887
two per cent. ~~Executors~~	5888

(B) Executors and administrators ~~also~~ shall be allowed a	5889
~~commission~~fee of one per cent on the value of real ~~estate~~	5890
property that is not sold. Executors and administrators also shall	5891
be allowed a ~~commission~~fee of one per cent on all property that	5892
is not subject to administration and that is includable for	5893
purposes of computing the Ohio estate tax, except joint and	5894
survivorship property. ~~The~~	5895

(C) The basis of valuation for the allowance of ~~such~~	5896
~~commissions~~the fees on real ~~estate~~property sold shall be the	5897
gross proceeds of sale, and for all other property the fair market	5898
value of the other property as of the date of death of the	5899
decedent. The ~~commissions~~fees allowed to executors and	5900
administrators in this section shall be received in full	5901
compensation for all their ordinary services. If	5902

(D) If the probate court finds, after a hearing, that an	5903
executor or administrator, in any respect, has not faithfully	5904
discharged ~~his~~the duties as executor or administrator, the court	5905
may deny the executor or administrator any compensation whatsoever	5906
or may allow the executor or administrator the reduced	5907
compensation that the court thinks proper.	5908

Sec. 2113.36. Allowances, in addition to those provided by	5909
section 2113.35 of the Revised Code for an executor or	5910
administrator, ~~which~~that the probate court considers just and	5911
reasonable shall be made for actual and necessary expenses and for	5912
extraordinary services not required of an executor or	5913
administrator in the common course of ~~his duty~~the executor's or	5914
administrator's duties.	5915

Upon the application of an executor or administrator for	5916
further allowances for extraordinary services rendered, the court	5917
shall review both ordinary and extraordinary services claimed to	5918
have been rendered. If the ~~commissions~~fees payable pursuant to	5919
section 2113.35 of the Revised Code, exceed the reasonable value	5920
of ~~such~~the ordinary services rendered, the court ~~must~~shall	5921
adjust any allowance made for extraordinary services so that the	5922
total ~~commissions~~fees and allowances to be made fairly reflect	5923
the reasonable value of both ordinary and extraordinary services.	5924

When an attorney has been employed in the administration of	5925
the estate, reasonable attorney fees paid by the executor or	5926
administrator shall be allowed as a part of the expenses of	5927
administration. The court may at any time during administration	5928
fix the amount of ~~such~~those fees and, on application of the	5929
executor or administrator or the attorney, shall fix the amount	5930
~~thereof~~of the fees. ~~When~~If provision is made by the will of the	5931
deceased for compensation to an executor, the amount provided	5932
shall be a full satisfaction for ~~his~~the executor's or	5933
administrator's services, in lieu of ~~such commissions~~the fees or	5934
~~his~~ share ~~thereof~~of the fees, unless by an instrument filed in	5935
the court within four months after ~~his~~ appointment hethe executor	5936
or administrator renounces all claim to the compensation given by	5937
the will.	5938

Sec. 2113.39. If a qualified executor, administrator, or	5939
testamentary trustee is authorized by will or devise to sell any	5940
class of personal property ~~whatsoever~~ or real ~~estate~~property, no	5941
order shall be required from the probate court ~~to enable him~~for	5942
the executor, administrator, or testamentary trustee to ~~act in~~	5943
~~pursuance of the power vested in him~~proceed with the sale. A	5944
power to sell authorizes a sale for any purpose ~~deemed~~considered	5945
by ~~such~~the executor, administrator, or testamentary trustee to be	5946
for the best interest of the estate, unless the power is expressly	5947
limited by ~~such~~the will or devise.	5948

Sec. 2113.40. (A) At any time after the appointment of an	5949
executor or administrator, the probate court, ~~when~~if satisfied	5950
that it would be for the best interests of the estate, may	5951
authorize ~~such~~the executor or administrator to sell at public or	5952
private sale, at a fixed price or for the best price obtainable,	5953
and for cash or on ~~such~~the terms asthat the court may determine,	5954
any part or all of the personal property belonging to the estate,	5955
except the following:	5956

~~(A) Such property as~~(1) Property that the surviving spouse	5957
desires to take at the appraised value;	5958

~~(B)~~(2) Property specifically bequeathed, ~~when~~if the sale of	5959
~~such~~that property is not necessary for the payment of debts,	5960
provided that ~~such~~the property may be sold with the consent of	5961
the person entitled ~~thereto~~to the property, including executors,	5962
administrators, guardians, and trustees;	5963

~~(C)~~(3) Property as to which distribution in kind has been	5964
demanded prior to the sale by the surviving spouse or other	5965
beneficiary entitled to ~~such~~the distribution in kind;	5966

~~(D)~~(4) Property ~~which~~that the court directs shall not be	5967
sold pursuant to a wish expressed by the decedent in ~~his~~the	5968
decedent's will; but at any later period, on application of a	5969
party interested, the court may, and for good cause shall, require	5970
~~such~~the sale to be made.	5971

(B) In case of a sale before expiration of the time within	5972
which the surviving spouse may elect to take at the appraised	5973
value, not less than ten days' notice of ~~such~~the sale shall be	5974
given to the surviving spouse, unless ~~such~~the surviving spouse	5975
consents to ~~such~~the sale or waives notice ~~thereof~~of the sale.	5976
~~Such~~The notice shall not be required as to perishable property.	5977

(C) The court may permit the itemized list of personal	5978
property being sold to be incorporated in documents and records	5979
relating to the sale, by reference to other documents and records	5980
~~which~~that have been filed in the court~~. Provided~~, provided that a	5981
court order shall not be required to permit the public sale of	5982
personal ~~goods and chattels~~property.	5983

Sec. 2113.41. (A) Public sales of personal property ~~mentioned~~	5984
as provided in section 2113.40 of the Revised Code shall be at	5985
public auction and, unless otherwise directed by the probate	5986
court, after notice of ~~such~~the sale has been given by any of the	5987
following methods:	5988

~~(A)~~(1) By advertisement appearing at least three times in a	5989
newspaper of general circulation in the county during a period of	5990
fifteen days next preceding ~~such~~the sale;	5991

~~(B)~~(2) By advertisement posted not less than fifteen days	5992
next preceding ~~such~~the sale in at least five public places in the	5993
township or municipal corporation where ~~such~~the sale is to take	5994
place;	5995

~~(C)~~(3) By both ~~such~~ forms of advertisement specified in	5996
divisions (A)(1) and (2) of this section.	5997

~~Such~~(B) The advertisement published or posted as described	5998
in divisions (A)(1) and (2) of this section shall specify	5999
generally the property to be sold and the date, place, and terms	6000
of the sale. The executor or administrator, if considered in the	6001
best interests of the estate, may employ an auctioneer or clerk,	6002
or both, to conduct ~~such~~the sale, and their reasonable fees and	6003
charges shall be deducted from the proceeds of the sale. The	6004
court for good cause may extend the time for sale.	6005

Sec. 2113.45. When a mortgagee of real ~~estate~~property, or	6006
an assignee of ~~such~~the mortgagee, dies without foreclosing the	6007
mortgage, the mortgaged premises and the debts secured ~~thereby~~by	6008
the mortgage shall be considered personal assets in the ~~hands~~	6009
possession or under the control of the executor or administrator	6010
of ~~such~~the estate of the mortgagee or assignee, and shall be	6011
administered and accounted for as such.	6012

If the mortgagee or assignee did not obtain possession of the	6013
mortgaged premises in ~~his~~the mortgagee's or assignee's lifetime,	6014
~~his~~the executor or administrator of the estate of the deceased	6015
mortgagee or assignee may take possession of the premises by open	6016
and peaceable entry or by action, as the deceased might have done	6017
if living.	6018

Sec. 2113.46. In case of the redemption of a mortgage	6019
belonging to the estate of a decedent, the money paid ~~thereon must~~	6020
on the redemption shall be received by the executor or	6021
administrator, and ~~thereupon he~~the executor or administrator	6022
shall release and discharge the mortgage. Until ~~such~~that	6023
redemption, if the executor, administrator, or decedent has taken	6024
possession of the mortgaged premises, the executor or	6025
administrator~~, if possession has been taken by him or by the~~	6026
~~decedent,~~ shall be seized of the mortgaged premises in trust for	6027
the same persons who would be entitled to the money if the	6028
premises had been redeemed.	6029

Sec. 2113.48. When a person who has entered into a written	6030
contract for the sale and conveyance of an interest in real ~~estate~~	6031
property dies before its completion, ~~his~~the executor or	6032
administrator ~~when~~of the decedent's estate, if not required to	6033
otherwise dispose of ~~such~~the contract, may, with the consent of	6034
the purchaser, obtain authority to complete ~~such~~the contract by	6035
filing an application ~~therefor~~for that authority in the probate	6036
court of the county in which hethe executor or administrator was	6037
appointed. Notice of the time of hearing on ~~such~~the application	6038
shall be given to the surviving spouse and heirs, if the decedent	6039
died intestate, and to the surviving spouse, and devisees or	6040
legatees having an interest in ~~such~~the contract, if the decedent	6041
died testate. If the court is satisfied that it would be for the	6042
best interests of the estate, it may authorize the executor or	6043
administrator to complete ~~said~~the contract and to execute and	6044
deliver to the purchaser ~~such~~the instruments asthat are required	6045
to make the order of the court effective.	6046

Sec. 2113.49. When a person who has entered into a written	6047
contract for the sale and conveyance of an interest in real ~~estate~~	6048
property dies before its completion, ~~his~~the executor or	6049
administrator of the decedent's estate, ~~when~~if not required to	6050
otherwise dispose of the contract, may file a ~~petition~~complaint	6051
for the alteration or cancellation of the contract, in the probate	6052
court of the county in which hethe executor or administrator was	6053
appointed, or in which the real ~~estate~~property or any part of it	6054
is situated. If the decedent died intestate, the surviving spouse	6055
and heirs, and if the decedent died testate, the surviving spouse,	6056
and devisees or legatees having an interest in the contract, ~~when~~	6057
if not the plaintiffs, shall, together with the purchaser, be made	6058
parties defendant.	6059

If, upon hearing, the court is satisfied that it is for the	6060
best interests of the estate, it may, with the consent of the	6061
purchaser, authorize the executor or administrator to agree to the	6062
alteration or cancellation of the contract, and to execute and	6063
deliver to the purchaser the instruments required to make the	6064
order of the court effective. Before making ~~such an~~its order, the	6065
court shall cause to be secured, to and for the benefit of the	6066
estate of the deceased, its just part of the consideration of the	6067
contract. The instruments executed and delivered pursuant to ~~such~~	6068
anthe court's order shall recite the order, and be as binding on	6069
the heirs and other parties in interest, as if made by the	6070
deceased ~~in his lifetime~~prior to death.	6071

Sec. 2113.50. When a person who has entered into a written	6072
contract for the purchase of an interest in real ~~estate~~property	6073
dies before athe conveyance ~~thereof~~of the interest to ~~him~~the	6074
person, ~~his~~the executor or administrator of the decedent's	6075
estate, orthe surviving spouse, or any heir, or any devisee or	6076
legatee having an interest in ~~such~~the contract, may file an	6077
application for authority to complete ~~such~~the contract in the	6078
probate court of the county in which the executor or administrator	6079
was appointed. Notice of the time of the hearing on ~~such~~the	6080
application shall be given to the surviving spouse and heirs, if	6081
the decedent died intestate, and to the surviving spouse, and	6082
devisees or legatees having an interest in ~~such~~the contract, if	6083
the decedent died testate, to the executor or administrator, if	6084
not the applicant, and to all other persons having an interest in	6085
~~such~~the real ~~estate~~property that is the subject of the contract.	6086
If the court is satisfied that it would be for the best interests	6087
of the estate, it may, with the consent of the vendor, authorize	6088
the executor or administrator to complete the contract, pay to the	6089
vendor the amount due on the contract, and authorize a conveyance	6090
of the interest in the real ~~estate~~property to the persons	6091
entitled ~~thereto~~to it. If, however, the court finds that the	6092
condition of the estate at the time of the hearing does not	6093
warrant the payment out of the estate of the amount due under the	6094
contract, it may authorize the persons entitled to the interest of	6095
the decedent in the contract to pay to the vendor the amount due	6096
on the contract. The real ~~estate~~property so conveyed shall	6097
thereafter be chargeable with the debts of the estate to the	6098
extent of the equitable interest of the estate ~~therein~~in the real	6099
property, and may be sold in land sale proceedings, except that in	6100
the event of ~~such~~that sale, the persons to whom the real ~~estate~~	6101
property shall have been conveyed shall have a prior lien on the	6102
proceeds as against the estate to the extent of any portion of the	6103
purchase price paid by them.	6104

The executor or administrator, or surviving spouse, or any	6105
heir, or any devisee or legatee having an interest in ~~such a~~the	6106
contract, may file a ~~petition~~complaint for the alteration or	6107
cancellation of the contract in the probate court of the county in	6108
which the executor or administrator was appointed. If the decedent	6109
died intestate, the surviving spouse and heirs, and if the	6110
decedent died testate, the surviving spouse, and devisees or	6111
legatees having an interest in ~~such~~the contract, and the executor	6112
or administrator, ~~when~~if not the plaintiff, together with the	6113
vendor, and all other persons having an interest in the real	6114
~~estate which~~property that is subject to the contract, shall be	6115
made parties defendant. If the court is satisfied that it would be	6116
for the best interests of the estate, the court, with the consent	6117
of the vendor, may authorize the executor or administrator to	6118
agree to the alteration or cancellation of the contract and to	6119
execute and deliver ~~such~~the deeds or other instruments to the	6120
vendor asthat are required to make the order of the court	6121
effective. ~~Such~~The deeds or other instruments asthat are	6122
executed and delivered pursuant to ~~such~~the court's order shall	6123
recite the order and be as binding on the parties to the suit as	6124
if made by the deceased ~~in his lifetime~~prior to death.	6125

Sec. 2113.51. The property of an estate ~~which~~that is	6126
specifically bequeathed may be delivered over to the legatee	6127
entitled ~~thereto~~to the property. ~~Such~~The legatee ~~must~~shall	6128
secure its redelivery on demand to the executor or administrator.	6129
Otherwise, ~~such~~the property ~~must~~shall remain in the ~~hands~~	6130
possession or under the control of the executor or administrator	6131
to be distributed or sold, as required by law and the condition of	6132
the estate.	6133

Sec. 2113.52. (A) A devisee taking real ~~estate~~property	6134
under a devise in a will, unless the will otherwise provides, or	6135
an heir taking real ~~estate~~property under the statutes of descent	6136
and distribution shall take the real ~~estate~~property subject to	6137
all taxes, penalties, interest, and assessments ~~which~~that are a	6138
lien against that real ~~estate~~property.	6139

(B) If real ~~estate~~property devised in a will is subject to a	6140
mortgage lien that exists on the date of the testator's death, the	6141
person taking the real ~~estate~~property under the devise has no	6142
right of exoneration for the mortgage lien, regardless of a	6143
general direction in the will to pay the testator's debts, unless	6144
the will specifically provides a right of exoneration that extends	6145
to that lien.	6146

Sec. 2113.54. When five months have expired after the	6147
appointment of an executor or administrator and the surviving	6148
spouse has made an election under section 2106.01 of the Revised	6149
Code, a legatee or distributee may apply to the probate court for	6150
an order requiring the executor or administrator to distribute the	6151
assets of the estate, either in whole or in part, in cash or in	6152
kind. Upon notice to the executor or administrator, the court	6153
shall inquire into the condition of the estate, and if all claims	6154
have been paid, or adequate provision has been or can be made for	6155
their payment, the court shall make ~~such~~that order with reference	6156
to distribution of the estate as the condition of the estate and	6157
the protection of all parties interested in the estate may demand.	6158
The order of the court shall provide that assets be set aside for	6159
the payment of claims rejected within two months or in suit, and	6160
each claimant for whom assets are to be set aside shall be	6161
entitled to be fully heard as to the nature and amount of the	6162
assets to be set aside for payment of ~~his~~the claim, and as to all	6163
other conditions in connection with the claim. Each legatee or	6164
distributee receiving distribution from the estate shall be liable	6165
to return the assets distributed to ~~him~~the legatee or	6166
distributee, or the proceeds from the assets, if they are	6167
necessary to pay ~~such~~those claims. The court, upon its own motion	6168
or upon application of the executor or administrator, as a	6169
condition precedent to any distribution, may require any legatee	6170
or distributee to give bond to the state with surety approved and	6171
in an amount fixed by the court, conditioned as provided in	6172
section 2113.53 of the Revised Code or as may be directed by the	6173
court. ~~Such~~The bond may be in addition to the assets to be set	6174
aside or partially or wholly in lieu of those assets, as the court	6175
shall determine.	6176

Sec. 2113.58. When by a ~~last~~ will ~~and testament~~ the use or	6177
income of personal property is given to a person for a term of	6178
years or for life and some other person has ana remainder	6179
interest in ~~such~~the property ~~as remainderman~~, the probate court,	6180
unless ~~such last~~the will ~~and testament~~ otherwise provides, may	6181
~~deliver such~~authorize delivery of the personal property to the	6182
person having the limited estate, with or without bond, as the	6183
court may determine; or the court may order that ~~such~~the property	6184
be held by the executor or some other trustee, with or without	6185
bond, for the benefit of the person having the limited estate. If	6186
bond is required of the person having the limited estate, or of	6187
the trustee, it may be increased or decreased, and if bond is not	6188
required in the first instance it may be required by the court at	6189
any time prior to the termination of the limited estate.	6190

Sec. 2113.61. (A)(1) When real property passes by the laws	6191
of intestate succession or under a will, the administrator or	6192
executor shall file in probate court, at any time after the filing	6193
of an inventory that includes the real property but prior to the	6194
filing of the administrator's or executor's final account, an	6195
application requesting the court to issue a certificate of	6196
transfer as to the real property. Real property sold by an	6197
executor or administrator or land registered under Chapters 5309.	6198
and 5310. of the Revised Code is excepted from the application	6199
requirement. Cases in which an order has been made under section	6200
2113.03 of the Revised Code relieving an estate from	6201
administration and in which the order directing transfer of real	6202
property to the person entitled to it may be substituted for the	6203
certificate of transfer also are excepted from the application	6204
requirement.	6205

(2) In accordance with division (C)(3)(b) of section 2113.031	6206
of the Revised Code, an application for a certificate of transfer	6207
of an interest in real property included in the assets of the	6208
decedent's estate shall accompany an application for a summary	6209
release from administration under that section. This section	6210
applies to the application for and the issuance of the requested	6211
certificate of transfer except to the extent that the probate	6212
court determines that the nature of any of the provisions of this	6213
section is inconsistent with the nature of a grant of a summary	6214
release from administration.	6215

(B) Subject to division (A)(2) of this section, the	6216
application for a certificate of transfer shall contain all of the	6217
following:	6218

(1) The name, place of ~~residence~~domicile at death, and date	6219
of death of the decedent;	6220

(2) A statement whether the decedent died testate or	6221
intestate;	6222

(3) The ~~fact and date of the filing and probate of the will,~~	6223
~~if applicable, and the fact and date of the appointment of the~~	6224
~~administrator or executor~~reason the property is being transferred	6225
to the devisee or devisees;	6226

(4) ~~A description of each parcel of real property situated in~~	6227
~~this state that is owned by the decedent at the time of death~~	6228
Whether any spousal elections have been exercised;	6229

(5) ~~Insofar as they can be ascertained, the names, ages,~~	6230
~~places of residence, and relationship to the decedent of the~~	6231
~~persons to whom each parcel of real property described in division~~	6232
~~(B)(4) of this section passed by descent or devise~~Whether any	6233
disclaimers or assignments have been filed;	6234

(6) A statement that all the known debts of the decedent's	6235
estate have been paid or secured to be paid, or that sufficient	6236
other assets are in hand to complete the payment of those debts or	6237
a statement that the estate is insolvent and the transfer is of	6238
the mansion house and is being made to satisfy all or a portion of	6239
the spousal allowance for support;	6240

(7) Other pertinent information that the court requires.

6241

(C) Subject to division (A)(2) of this section, within five	6242
days following the filing of an application for a certificate of	6243
transfer that complies with division (B) of this section, the	6244
court shall issue a certificate of transfer for record in each	6245
county in this state in which real property so passing is	6246
situated, that shall recite all of the following:	6247

(1) The name and date of death of the decedent;

6248

(2) Whether the decedent died testate or intestate ~~and, if~~	6249
~~testate, the volume and page of the record of the will~~;	6250

(3) The ~~volume and page~~case number of the probate court	6251
record of the administration of the estate;	6252

(4) The names and places of residence of the devisees, the	6253
interests passing to them, the names and places of residence of	6254
the persons inheriting intestate, and the interests inherited by	6255
them, in each parcel of real property ~~described in division (B)(4)~~	6256
~~of this section~~being transferred;	6257

(5) A description of each parcel of real property ~~described~~	6258
~~in division (B)(4) of this section~~being transferred;	6259

(6) Other information that in the opinion of the court should	6260
be included.	6261

(D) If an executor or administrator has failed to file an	6262
application for a certificate of transfer before being discharged,	6263
the application may be filed by an heir or devisee, or a successor	6264
in interest, in the probate court in which the testator's will was	6265
probated or, in the case of intestate estates, in the probate	6266
court in which administration was had. If no administration was	6267
had on an estate and if no administration is contemplated, except	6268
in the case of the grant of or contemplated application for the	6269
grant of an order of a summary release from administration under	6270
section 2113.031 of the Revised Code, an application for a	6271
certificate of transfer may be filed by an heir or devisee, or a	6272
successor in interest, in the probate court of the county in which	6273
the decedent was a resident at the time of death or in which the	6274
real property of the decedent is located.	6275

(E) A foreign executor or administrator, ~~when~~if no ancillary	6276
administration proceedings have been had or are being had in this	6277
state, may file in accordance with this section an application for	6278
a certificate of transfer in the probate court of any county of	6279
this state in which real property of the decedent is located.	6280

(F) When a person who has entered into a written contract for	6281
the sale and conveyance of an interest in real property dies	6282
before its completion, the interest of the decedent in the	6283
contract and the record title to the real property described in	6284
the contract may be transferred to the ~~persons, legatees,~~	6285
devisees, or heirs at law entitled to the interest of the decedent	6286
in the real property, in the same manner as provided in this	6287
section and ~~sections~~section 2113.62 ~~and 2113.63~~ of the Revised	6288
Code for the transfer of real property. The application for the	6289
certificate of transfer and the certificate itself also shall	6290
recite that the real property described in the application or	6291
certificate is subject to a written contract for its sale and	6292
conveyance.	6293

Sec. 2113.62. Upon receipt of the certificate provided for	6294
in section 2113.61 of the Revised Code, the county recorder shall	6295
record it in the books provided for the recording of deeds and	6296
index ~~such~~those records in the name of the decedent as grantor	6297
and the person to whom the real ~~estate~~property passes as grantee	6298
in the index provided for the record of deeds.	6299

Sec. 2113.67. When a person entitled to the money invested	6300
or turned into the county treasury under section 2113.64 of the	6301
Revised Code satisfies the probate court of ~~his~~the person's right	6302
to receive it, the court shall order it to be paid over and	6303
transferred to ~~him~~the person. In case it has been turned into the	6304
treasury, the county auditor shall give to ~~him~~the person a	6305
warrant ~~therefor~~for the money upon the certificate of the probate	6306
judge.	6307

Sec. 2113.68. The probate judge with whom the certificates	6308
or evidences of title required by section 2113.65 of the Revised	6309
Code are deposited and each succeeding judge to whom they come,	6310
and ~~his~~the judges' sureties, shall be responsible for their	6311
safekeeping and application, as provided in sections 2113.64 to	6312
2113.67~~, inclusive,~~ of the Revised Code.	6313

Sec. 2113.69. When newly discovered assets come into the	6314
~~hands~~possession or under the control of an executor or	6315
administrator after the filing of the original inventory required	6316
by section 2115.02 of the Revised Code, hethe executor or	6317
administrator shall administer, account for, and distribute ~~such~~	6318
those assets in ~~like~~the same manner as if received prior to the	6319
filing of ~~such~~the inventory. Within thirty days, hethe executor	6320
or administrator shall file in the probate court an itemized	6321
report of ~~such~~those assets, with an estimate of ~~the~~their value	6322
~~thereof~~, but shall not be required to make an inventory or	6323
appraisement of the ~~same~~assets unless ordered to do so by the	6324
court, either upon its own motion or upon the application of any	6325
interested party.	6326

Sec. 2113.70. An executor or administrator appointed in any	6327
other state or country, or ~~his~~the executor's or administrator's	6328
legal representatives, may be prosecuted in any appropriate court	6329
in this state in ~~his~~the capacity of executor or administrator.	6330

Sec. 2113.72. Any court of common pleas may compel a foreign	6331
administrator or executor residing in this state, or having assets	6332
or property ~~herein~~in this state, to account at the suit of an	6333
heir, distributee, or legatee, who is resident in this state, and	6334
make distribution of the amount found in ~~his hands~~the possession	6335
or under the control of the foreign administrator or executor to	6336
the respective heirs, distributees, or legatees according to the	6337
law of the state granting ~~such~~the letters of administration. ~~When~~	6338
If suits are pending or there are unsettled demands against ~~such~~	6339
the estate, the court also may require a refunding bond to be	6340
given to ~~such~~the foreign executor or administrator by the heirs,	6341
distributees, or legatees entitled ~~thereto~~to that distribution in	6342
case the amount paid is needed to pay debts of the estate.	6343

Sec. 2113.73. When a foreign administrator or executor has	6344
wasted, misapplied, or converted assets of an estate, or has	6345
insufficient property to discharge ~~his~~the foreign administrator's	6346
or executor's liability on account of the trust, or ~~his~~the	6347
foreign administrator's or executor's sureties are irresponsible,	6348
the distributees, heirs, or legatees, in any court of common	6349
pleas or probate court may compel ~~him~~the foreign administrator	6350
or executor to secure the amounts respectively due to them and	6351
any of ~~his~~the foreign administrator's or executor's sureties may	6352
require indemnity on account of their liability as bail.	6353

Sec. 2113.74. The several provisional remedies and	6354
proceedings authorized by sections 2113.70 to 2113.73~~, inclusive,~~	6355
of the Revised Code, against a foreign executor or administrator	6356
also apply to the person and property of a foreign administrator	6357
or executor. The probate court or the court of common pleas may	6358
make any order or decree touching ~~his~~a foreign executor's or	6359
administrator's property and effects, or the assets of ~~such~~the	6360
estate, necessary for the security of those interested ~~therein~~in	6361
the property, effects, or assets.	6362

Sec. 2113.75. An executor or administrator appointed in any	6363
other state or country may commence and prosecute an action or	6364
proceeding in any court in this state, in ~~his~~the capacity as	6365
executor or administrator, in ~~like~~the same manner and under ~~like~~	6366
the same restrictions as a ~~non-resident~~nonresident is permitted	6367
to sue.	6368

Sec. 2113.81. ~~Where~~If it appears that a legatee or a	6369
distributee, or a beneficiary of a trust not residing within the	6370
United States or its territories will not have the benefit or,	6371
use, or control of the money or other property due ~~him~~the legatee	6372
or distributee from anthe estate or due the beneficiary from the	6373
trust, because of circumstances prevailing at the place of	6374
residence of ~~such~~the legatee,or distributee, or athe	6375
beneficiary of athe trust, the probate court may direct that ~~such~~	6376
the money be paid into the county treasury to be held in trust or	6377
the probate court may direct that ~~such~~the money or other property	6378
be delivered to a trustee ~~which~~. The trustee shall have the same	6379
powers and duties provided in section 2119.03 of the Revised Code	6380
for ~~such~~that legatee, distributee, beneficiary of athe trust, or	6381
~~such~~the persons who may thereafter be entitled ~~thereto~~to the	6382
money or other property. ~~Such~~The money or other property held in	6383
trust by ~~such~~the county treasurer or trustee shall be paid out by	6384
order of the probate judge in accordance with section 2113.82 of	6385
the Revised Code.	6386

The county treasury shall not be liable for interest on ~~such~~	6387
the money held in trust.	6388

Sec. 2113.82. When a person entitled to money or other	6389
property invested or turned into the county treasurer or to a	6390
trustee under section 2113.81 of the Revised Code satisfies the	6391
probate court of ~~his~~the person's right to receive it, the court	6392
shall order the county treasurer or the trustee to pay it over to	6393
~~such~~the person.	6394

Sec. 2113.85. As used in sections 2113.85 to 2113.90 of the	6395
Revised Code:	6396

(A) "Estate" means the gross estate of a decedent who is	6397
domiciled in this state, as determined for federal estate tax	6398
purposes under Subtitle B of the Internal Revenue Code of 1954, 26	6399
U.S.C. 2001, as amended, for Ohio estate tax purposes under	6400
Chapter 5731. of the Revised Code, and for estate tax purposes of	6401
any other jurisdiction that imposes a tax on the transfer of	6402
property by a decedent who is domiciled in this state.	6403

(B) "Person interested in the estate" means any person who is	6404
entitled to receive, or who has received, any property or property	6405
interest included in the decedent's estate. A "person interested	6406
in the estate" includes, but is not limited to, a personal	6407
representative, guardian, ~~and~~or trustee. A "person interested in	6408
the estate" does not include a creditor of the decedent or of ~~his~~	6409
the decedent's estate.	6410

(C) "Tax" means the federal estate tax determined under	6411
Subtitle B of the "Internal Revenue Code of 1954, 26 U.S.C. 2001,	6412
as amended, an Ohio estate tax determined under Chapter 5731. of	6413
the Revised Code, and the estate tax determined by any other	6414
jurisdiction that imposes a tax on the transfer of property by a	6415
decedent who is domiciled in this state.	6416

(D) "Fiduciary" means an executor, administrator, or other	6417
person who, by virtue of ~~his representation of~~representing the	6418
decedent's estate, is required to pay the tax.	6419

Sec. 2113.86. (A) Unless a will or another governing	6420
instrument otherwise provides, and except as otherwise provided in	6421
this section, a tax shall be apportioned equitably in accordance	6422
with the provisions of this section among all persons interested	6423
in an estate in proportion to the value of the interest of each	6424
person as determined for estate tax purposes.	6425

(B) Except as otherwise provided in this division, any tax	6426
that is apportioned against a gift made in a clause of a will	6427
other than a residuary clause or in a provision of an inter vivos	6428
trust other than a residuary provision, shall be reapportioned to	6429
the residue of the estate or trust. It shall be charged in the	6430
same manner as a general administration expense. However, when a	6431
portion of the residue of the estate or trust is allowable as a	6432
deduction for estate tax purposes, the tax shall be reapportioned	6433
to the extent possible to the portion of the residue that is not	6434
so allowable.	6435

(C)(1) A tax shall not be apportioned against an interest	6436
that is allowable as an estate tax marital or charitable	6437
deduction, except to the extent that the interest is a part of the	6438
residue of an estate or trust against which tax is reapportioned	6439
pursuant to division (B) of this section.	6440

(2) Estate tax of this state or another jurisdiction shall	6441
not be reapportioned against an interest that is allowable as a	6442
deduction for federal estate tax purposes, to the extent that	6443
there is other property in the estate or trust that is not	6444
allowable as a deduction for federal estate tax purposes and	6445
against which estate tax of this state or another jurisdiction can	6446
be apportioned.	6447

(D) A tax shall not be apportioned against property that	6448
passes to a surviving spouse as an elective share under section	6449
2106.01 of the Revised Code or as an intestate share under section	6450
2105.06 of the Revised Code, to the extent that there is other	6451
property in the estate that is not allowable as a deduction for	6452
estate tax purposes against which the tax can be apportioned.	6453

(E)(1) Any federal estate tax credit for state or foreign	6454
death taxes on property that is includible in an estate for	6455
federal estate tax purposes, shall inure to the benefit of the	6456
persons chargeable with the payment of the state or foreign death	6457
taxes in proportion to the amount of the taxes paid by each	6458
person, but any federal estate tax credit for state or foreign	6459
death taxes inuring to the benefit of a person cannot exceed the	6460
federal estate tax apportioned to that person.	6461

(2) Any federal estate tax credit for gift taxes paid by a	6462
donee of a gift shall inure to the benefit of that donee for	6463
purposes of this section.	6464

(3) Credits against tax not covered by division (E)(1) or (2)	6465
of this section shall be apportioned equitably among persons in	6466
the manner in which the tax is apportioned among them.	6467

(F) Any additional estate tax that is due because a qualified	6468
heir has disposed of qualified farm property in a manner not	6469
authorized by law or ceased to use any part of the qualified farm	6470
property for a qualified use, shall be apportioned against the	6471
interest of the qualified heir.	6472

(G) If both a present interest and a future interest in	6473
property are involved, a tax shall be apportioned entirely to the	6474
principal. This shall be the case even if the future interest	6475
qualifies for an estate tax charitable deduction, even if the	6476
holder of the present interest also has rights in the principal,	6477
and even if the principal is otherwise exempt from apportionment.	6478

(H) Penalties shall be apportioned in the same manner as a	6479
tax, and interest on tax shall be apportioned to the income of the	6480
estate or trust, unless a court directs a different apportionment	6481
of penalties or interest based on a finding that special	6482
circumstances make an apportionment as provided in this division	6483
inequitable.	6484

(I) If any part of an estate consists of property, the value	6485
of which is included in the gross estate of the decedent by reason	6486
of section 2044 of the "Internal Revenue Code of 1986," 100 Stat.	6487
2085, 26 N 2044, as amended, or of section 5731.131 of the Revised	6488
Code, the estate is entitled to recover from the persons holding	6489
or receiving the property any amount by which the estate tax	6490
payable exceeds the estate tax that would have been payable if the	6491
value of the property had not been included in the gross estate of	6492
the decedent. This division does not apply if ~~a decedent provides~~	6493
~~otherwise in his~~the decedent's will or another governing	6494
instrument provides otherwise and the will or instrument refers to	6495
either section mentioned in this division or to qualified	6496
terminable interest marital deduction property.	6497

Sec. 2113.87. (A) The fiduciary, or any person interested in	6498
the estate who objects to the manner of apportionment of a tax,	6499
may apply to the court that has jurisdiction of the estate and	6500
request the court to determine the apportionment of the tax. If	6501
there are no probate proceedings, the probate court of the county	6502
in which the decedent was domiciled at death, upon application by	6503
the fiduciary or any other person interested in the estate who	6504
objects to the manner of apportionment of a tax, shall determine	6505
the apportionment of the tax.	6506

(B) The fiduciary may notify any person interested in the	6507
estate of the manner of the apportionment of tax determined by the	6508
fiduciary. Upon receipt of ~~such a~~that notice, a person interested	6509
in the estate, within thirty days after the date of receipt of the	6510
notice, may indicate ~~his~~the person's objection to the manner of	6511
apportionment by application to a probate court as described in	6512
division (A) of this section. If the person interested in the	6513
estate fails to make the application within the thirty-day period,	6514
hethe person is bound by the manner of apportionment determined	6515
by the fiduciary. The notice described in this division shall	6516
state the name and address of the probate court with jurisdiction	6517
over the apportionment and include the following statement:	6518

"If you fail to file an objection to this proposed	6519
apportionment with the probate court within thirty days of the	6520
receipt of this notice, you are bound by the proposed	6521
apportionment."	6522

(C) If a probate court finds that an assessment of penalties	6523
and interest assessed with respect to a tax is due to delay caused	6524
by the negligence of the fiduciary, the court may charge the	6525
fiduciary with the amount of the assessed penalties and interest.	6526
In any suit or judicial proceeding to recover from any person	6527
interested in the estate the amount of the tax apportioned to that	6528
person, the determination of the probate court is conclusive.	6529

Sec. 2113.88. (A) The fiduciary may withhold from any	6530
property distributable to any person interested in the estate the	6531
amount of tax attributable to the person's interest. If the	6532
property in possession of the fiduciary and distributable to any	6533
person interested in the estate is insufficient to satisfy the	6534
proportionate amount of the tax determined to be due from that	6535
person, the fiduciary may recover the deficiency from that person.	6536
If the property is not in the possession of the fiduciary, the	6537
fiduciary may recover from any person interested in the estate the	6538
amount of the tax apportioned to that person in accordance with	6539
this section by filing a complaint to recover the tax in the	6540
probate court that has jurisdiction of the administration of the	6541
estate.	6542

(B) If the property held by the fiduciary is distributed	6543
prior to final apportionment of the tax, the distributee shall	6544
provide a bond or other security for the apportionment liability	6545
in the form and amount prescribed by the fiduciary, with the	6546
approval of the probate court that has jurisdiction of the	6547
administration of the estate.	6548

Sec. 2115.02. Within three months after the date of the	6549
executor's or administrator's appointment, unless the probate	6550
court grants an extension of time for good cause shown, the	6551
executor or administrator shall file with the court an inventory	6552
of the decedent's interest in real ~~estate~~property located in this	6553
state and of the tangible and intangible personal property of the	6554
decedent that is to be administered and that has come to the	6555
executor's or administrator's possession or knowledge. The	6556
inventory shall set forth values as of the date of death of the	6557
decedent. If a prior executor or administrator has done so, a	6558
successor executor or administrator need not file an inventory,	6559
unless, in the opinion of the court, it is necessary.	6560

Any asset, the value of which is readily ascertainable, is	6561
not required to be appraised but shall be included in the	6562
inventory.	6563

Sec. 2115.03. If an executor or administrator neglects or	6564
refuses to return an inventory as provided by section 2115.02 of	6565
the Revised Code, the probate court shall issue an order requiring	6566
~~him~~the executor or administrator, at an early day specified in	6567
the order, to return an inventory. After personal service of the	6568
order by a person authorized to make the service, if the executor	6569
or administrator, by the day appointed, does not return the	6570
inventory or fails to obtain further time from the court to return	6571
it, or if the order cannot be served personally by reason of ~~his~~	6572
the executor or administrator absconding or concealing ~~himself~~	6573
self, the court may remove the executor or administrator and new	6574
letters shall be granted. The letters shall supersede all former	6575
letters testamentary or of administration, deprive the former	6576
executor or administrator of all power, authority, or control over	6577
the estate of the deceased, and entitle the person appointed to	6578
take, demand, and receive the effects of the deceased wherever	6579
they are found.	6580

In every case of the revocation of letters under this	6581
section, the bond given by the former executor or administrator	6582
shall be prosecuted and a recovery had on the bond to the full	6583
extent of any injury sustained by the estate of the deceased by	6584
the former executor's or administrator's acts or omissions, and to	6585
the full value of all the property of the deceased received and	6586
not administered by ~~him~~the former executor or administrator.	6587

Sec. 2115.06. The real ~~estate~~property and personal property	6588
comprised in the inventory required by section 2115.02 of the	6589
Revised Code, unless an appraisement ~~thereof~~of that real property	6590
or personal property has been dispensed with by an order of the	6591
probate court, shall be appraised by one suitable disinterested	6592
person appointed by the executor or administrator, subject to the	6593
approval of the court and sworn to a faithful discharge of ~~his~~the	6594
trust. The executor or administrator, subject to the approval of	6595
the court, may appoint separate appraisers of property located in	6596
any other county and appoint separate appraisers for each asset.	6597

In lieu of the appointment of an appraiser for real property,	6598
the executor or administrator may accept the valuation of the	6599
real property, by the county auditor.	6600

If appraisers fail to attend to the performance of their	6601
duty, the executor or administrator, subject to the approval of	6602
the probate judge, may appoint others to supply the place of ~~such~~	6603
~~delinquents~~the delinquent appraisers.	6604

Each appraiser shall be paid ~~such~~an amount for ~~his~~the	6605
appraiser's services asthat is determined by the executor or	6606
administrator, subject to the approval of the probate judge,	6607
taking into consideration ~~his~~the appraiser's training,	6608
qualifications, experience, time reasonably required, and the	6609
value of the property appraised. The amount of ~~such~~the fees may	6610
be charged against the estate as part of the cost of the	6611
proceeding.	6612

Sec. 2115.09. The inventory required by section 2115.02 of	6613
the Revised Code shall contain a particular statement of all	6614
securities for the payment of money that belong to the deceased	6615
and are known to the executor or administrator. ~~Such~~The inventory	6616
shall specify the name of the debtor in each security, the date,	6617
the sum originally payable, the ~~indorsements thereon~~endorsements	6618
on the securities with their dates, the serial numbers or other	6619
identifying data as to each security, and the sum that, in the	6620
judgment of the appraisers, can be collected on each claim.	6621

~~Such~~The inventory shall contain a statement of all debts and	6622
accounts belonging to the deceased that are known to ~~such~~the	6623
executor or administrator and specify the name of the debtor, the	6624
date, the balance or thing due, and the value or sum that can be	6625
collected ~~thereon~~on the debt, in the judgment of the appraisers.	6626

~~Such~~The inventory shall contain an account of all moneys	6627
that belong to the deceased and have come tointo the ~~hands~~	6628
possession or under the control of the executor or administrator.	6629
If none has come tointo the ~~executor's or administrator's hands~~	6630
possession or under the control of the executor or administrator,	6631
the fact shall be stated in the inventory.	6632

The inventory shall contain a statement whether or not,	6633
insofar as it can be ascertained, the filing of an Ohio estate tax	6634
return will be required.	6635

Sec. 2115.10. The emblements raised by labor, whether	6636
severed or not from the land of the deceased at the time of ~~his~~	6637
the decedent's death, are assets in the ~~hands~~possession or under	6638
the control of the executor or administrator and shall be included	6639
in the inventory required by section 2115.02 of the Revised Code.	6640

The executor or administrator, or the person to whom hethe	6641
executor or administrator sells ~~such~~the emblements, at all	6642
reasonable times may enter upon the lands to cultivate, sever, and	6643
gather them.	6644

Sec. 2115.11. The discharge or bequest, in a will, of a debt	6645
or demand of a testator against an executor named ~~therein~~in the	6646
will, or against any other person, is not valid as against the	6647
decedent's creditors, but is only a specific bequest of ~~such~~that	6648
debt or demand. The amount ~~thereof must~~of the debt or demand	6649
shall be included in the inventory of the credits and effects of	6650
the deceased and, if necessary, ~~such~~that amount ~~must~~shall be	6651
applied in the payment of ~~his~~the decedent's debts. If not	6652
necessary for that purpose, ~~such~~the amount shall be paid in the	6653
same manner and proportion as other specific legacies.	6654

Sec. 2115.12. The naming of a person as executor in a will	6655
shall not operate as a discharge or bequest of a just claim ~~which~~	6656
that the testator had against ~~such~~that executor. ~~Such~~The claim	6657
shall be included among the assets of the deceased in the	6658
inventory required by section 2115.02 of the Revised Code. The	6659
executor shall be liable for it as for so much money in ~~his hands~~	6660
the possession or under the control of the executor at the time	6661
~~such~~that debt or demand becomes due, and ~~must~~shall apply and	6662
distribute it as part of the personal ~~estate~~property of the	6663
deceased.	6664

Sec. 2115.16. Upon the filing of the inventory required by	6665
section 2115.02 of the Revised Code, the probate court forthwith	6666
shall set a day, not later than one month after the day the	6667
inventory was filed, for a hearing on the inventory.	6668

The executor or administrator may serve notice of the	6669
hearing, or may cause the notice to be served, upon any person who	6670
is interested in the estate. The probate court, after notice to	6671
the executor or administrator, either upon the motion of any	6672
interested party for good cause shown or at its own instance, may	6673
order that notice of the hearing is to be served upon persons the	6674
court designates.	6675

For good cause, the hearing may be continued for the time	6676
that the court considers reasonable. Exceptions to the inventory	6677
or to the allowance for support provided by section 2106.13 of the	6678
Revised Code may be filed at any time prior to five days before	6679
the date set for the hearing or the date to which the hearing has	6680
been continued by any person interested in the estate or in any of	6681
the property included in the inventory, but the time limit for the	6682
filing of exceptions shall not apply in case of fraud or	6683
concealment of assets. When exceptions are filed, notice of them	6684
and the time of the hearing on them forthwith shall be given to	6685
the executor or administrator and ~~his~~the attorney of the executor	6686
or administrator by certified mail or by personal service, unless	6687
the notice is waived. At the hearing, the executor or	6688
administrator and any witness may be examined under oath. The	6689
court shall enter its finding on the journal and tax the costs as	6690
may be equitable.	6691

Sec. 2115.17. When the inventory required by section 2115.02	6692
of the Revised Code has been approved by the probate court, the	6693
appraisement of the real ~~estate~~property as set forth ~~therein~~in	6694
the inventory shall be conclusive for all purposes except estate	6695
tax, unless a reappraisal is ordered by the court.	6696

Sec. 2117.01. No part of the assets of a deceased shall be	6697
retained by an executor or administrator in satisfaction of ~~his~~	6698
the executor's or the administrator's own claim, until it has been	6699
proved to and allowed by the probate court. ~~Such~~That debt is not	6700
entitled to preference over others of the same class.	6701

Sec. 2117.02. An executor or administrator within three	6702
months after the date of ~~his~~ appointment shall present any claim	6703
hethe executor or administrator has against the estate to the	6704
probate court for allowance. The claim shall not be paid unless	6705
allowed by the court. When an executor or administrator presents a	6706
claim amounting to five hundred dollars or more, the court shall	6707
fix a day not less than four nor more than six weeks from its	6708
presentation, when the testimony touching it shall be heard. The	6709
court forthwith shall issue an order directed to the executor or	6710
administrator requiring ~~him~~the executor or administrator to give	6711
notice in writing to all the heirs, legatees, or devisees of the	6712
decedent interested in the estate, and to the creditors named in	6713
the order. The notice shall contain a statement of the amount	6714
claimed, designate the time fixed for hearing the testimony, and	6715
be served upon the persons named in the order at least twenty days	6716
before the time for hearing. If any persons mentioned in the order	6717
are not residents of the county, service of notice may be made	6718
upon them by publication for three consecutive weeks in a	6719
newspaper published or circulating in the county, or as the court	6720
may direct. All persons named in the order shall be parties to the	6721
proceeding, and any other person having an interest in the estate	6722
may be made a party.	6723

Sec. 2117.03. At any time after the presentation by an	6724
executor or administrator of a claim ~~which he~~that the executor or	6725
administrator owns against the estate hethe executor or	6726
administrator represents to the probate court for allowance, the	6727
court on its own motion, or on motion by any interested party, may	6728
appoint an attorney to represent the estate, who shall receive	6729
~~such~~the compensation from the estate asthat may be fixed by the	6730
court. The court shall ~~thereupon~~ require the executor or	6731
administrator to make available to ~~such~~the attorney, for use in	6732
connection with the proceeding, all documents belonging to the	6733
estate relating to the subject matter of ~~such~~the claim.	6734

Sec. 2117.04. Upon the hearing as to the allowance of an	6735
executor's or administrator's claim against the estate hethe	6736
executor or administrator represents, an appeal may be taken from	6737
a final order or judgment of the probate court upon a matter of	6738
law by any person affected by the order or judgment.	6739

Sec. 2117.08. When a claim is presented against the estate	6740
of a deceased person, the executor or administrator may require	6741
satisfactory written proof in support of it and also the affidavit	6742
of the claimant that ~~such~~the claim is justly due, that no	6743
payments have been made ~~thereon~~on the claim, and that there are	6744
no counterclaims against it to ~~his~~the claimant's knowledge. ~~Such~~	6745
The affidavit shall set forth any security held for the payment of	6746
~~said~~the claim and, if the claim is not due, the date of maturity.	6747
If ~~said~~the claim arises out of tort, or if preference in payment	6748
is claimed, the facts in connection with the alleged tort or	6749
showing the right to ~~such~~that preference shall be briefly set	6750
forth.	6751

Sec. 2117.09. If an executor or administrator doubts the	6752
justice of any claim presented against the estate hethe executor	6753
or administrator represents, hethe executor or administrator may	6754
enter into an agreement in writing with the claimant to refer the	6755
matter in controversy to three disinterested persons, who ~~must~~	6756
shall be approved by the probate judge.	6757

Upon filing the agreement of reference in the probate court	6758
of the county in which the letters testamentary or of	6759
administration were issued, the judge shall docket the cause and	6760
make an order referring the matter in controversy to the referees	6761
selected.	6762

The referees ~~thereupon must~~shall proceed to hear and	6763
determine the matter and make their report to the court. The	6764
referees shall have the same powers and be entitled to the same	6765
compensation and the same proceedings shall be followed as if the	6766
reference were made under the provisions for arbitrations under a	6767
rule of the court of common pleas. The court may set aside the	6768
report of the referees, appoint others in their places, or confirm	6769
~~such~~the report and adjudge costs as in actions against executors	6770
and administrators. The judgment of the court ~~thereupon~~ shall be	6771
valid and effectual.	6772

Sec. 2117.10. The failure of the holder of a valid lien upon	6773
any of the assets of an estate to present ~~his~~the lienholder's	6774
claim upon the indebtedness secured by ~~such~~the lien, as provided	6775
in Chapter 2117. of the Revised Code, shall not affect ~~such~~the	6776
lien if the same is evidenced by a document admitted to public	6777
record, or is evidenced by actual possession of the real or	6778
personal property ~~which~~that is subject to ~~such~~the lien.	6779

Sec. 2117.13. If a devisee, legatee, heir, creditor, or	6780
other interested party files in the probate court a written	6781
requisition on the executor or administrator to reject a claim	6782
presented for allowance against the estate hethe executor or	6783
administrator represents, whether the claim has been allowed or	6784
not, but which claim has not been paid in full, and enters into a	6785
sufficient bond running to ~~such~~the executor or administrator, the	6786
amount, terms, and surety of which are to be approved by the	6787
probate judge, the claim shall be rejected by the executor or	6788
administrator. The notice of rejection shall inform the claimant	6789
of the filing of the requisition and of the name of the party	6790
filing the same. The condition of the bond shall be to pay all	6791
costs and expenses of contesting ~~such~~the claim, including ~~such~~	6792
any reasonable fee asthat the court allows to the attorney for	6793
the executor or administrator, in case the claim finally is	6794
allowed in whole, and if ~~such~~the claim is allowed only in part,	6795
to pay ~~such~~that part of the expenses asthat the court may	6796
determine, including ~~such~~any reasonable fee asthat the court may	6797
allow to the attorney for the executor or administrator.	6798

Sec. 2117.15. An executor or administrator may proceed to	6799
pay the debts due from the estate in accordance with Chapters	6800
2113. to 2125. of the Revised Code. If it appears at any time that	6801
the estate is insolvent, the executor or administrator may report	6802
that fact to the court, and apply for any order that hethe	6803
executor or administrator considers necessary because of the	6804
insolvency. In case of insolvency, a creditor who has been paid	6805
according to law shall not be required to make any refund.	6806

Sec. 2117.17. (A) The probate court on its own motion may,	6807
and on motion of the executor or administrator shall, assign all	6808
claims against the estate that have been presented and any other	6809
known valid debts of the estate for hearing on a day certain.	6810
~~Forthwith upon such~~Upon the assignment, and in no case less than	6811
ten days before the date fixed for hearing or ~~such~~a longer	6812
period asthat the court may order, the executor or administrator	6813
shall cause written notice of the hearing to be served upon the	6814
following persons who have not waived the notice in writing or	6815
otherwise voluntarily entered their appearance:	6816

~~(A)~~(1) If it appears that the estate is fully solvent, ~~such~~	6817
the notice shall be given to the surviving spouse and all other	6818
persons having an interest in the estate as devisees, legatees,	6819
heirs, and distributees.	6820

~~(B)~~(2) If it appears probable that there will not be	6821
sufficient assets to pay all of the valid debts of the estate in	6822
full, then ~~such~~the notice also shall be given to all creditors	6823
and claimants whose claims have been rejected and whose rights	6824
have not been finally determined by judgment, reference, or lapse	6825
of time.	6826

(B) The notice required by this section shall state that a	6827
hearing concerning the debts has been scheduled, shall set forth	6828
the time and place of the hearing, and shall state that the action	6829
of the executor or administrator in allowing and classifying	6830
claims will be confirmed at ~~such~~the hearing unless cause to the	6831
contrary is shown. The notice shall be served personally or by	6832
certified mail in the manner specified for service of notice of	6833
the rejection of a claim under section 2117.11 of the Revised	6834
Code. Proof of service of the notice to the satisfaction of the	6835
court, by affidavit or otherwise, and all waivers of service shall	6836
be filed in court at the time of the hearing. At any time before	6837
hearing, any interested person may file exceptions in writing to	6838
the allowance or classification of any specific claim. The court	6839
may cause or permit other interested persons to be served with	6840
notice and witnesses to be subpoenaed as may be required to	6841
present the issues fully.	6842

(C) The court, upon the hearing, shall determine whether the	6843
executor or administrator acted properly in allowing and	6844
classifying each claim and shall make an order confirming or	6845
disapproving ~~such~~that action.	6846

(D) An order of the court disapproving the allowance of a	6847
claim shall have the same effect as a rejection of the claim on	6848
the date on which the claimant is served with notice of the	6849
court's order. Notice of the court's order shall be served	6850
personally or by certified mail in the manner specified for	6851
service of notice of the rejection of a claim under section	6852
2117.11 of the Revised Code. An order of the court confirming the	6853
allowance or classification of a claim shall constitute a final	6854
order and shall have the same effect as a judgment at law or	6855
decree in equity, and shall be final as to all persons having	6856
notice of the hearing and as to claimants subsequently presenting	6857
their claims, though without notice of ~~such~~the hearing. In the	6858
absence of fraud, the allowance and classification of a claim and	6859
the subsequent payment of it in good faith shall not be subject to	6860
question upon exceptions to the executor's or administrator's	6861
accounts. The confirmation of a claim by the court shall not	6862
preclude the executor or administrator from thereafter rejecting	6863
the claim on discovery of error in ~~his~~the executor's or	6864
administrator's previous action or on requisition as provided in	6865
sections 2117.13 and 2117.14 of the Revised Code.	6866

Sec. 2117.18. Taxes, penalties, and interest placed on a	6867
duplicate or added by the county auditor or the tax commissioner	6868
because of a failure to make a return or because of a false or	6869
incomplete return for taxation shall be a debt of a decedent and	6870
have the same priority and be paid as other taxes. ~~Such~~Those	6871
taxes, penalties, and interest shall be collectible out of the	6872
property of the estate either before or after distribution, by any	6873
means provided for collecting other taxes. No distribution or	6874
payment of inferior debts or claims shall defeat ~~such~~that	6875
collection;, but ~~no such~~the tax, penalty, or interest ~~can~~shall	6876
not be added before notice to the executor or administrator, and	6877
before an opportunity is given ~~him~~to the executor or	6878
administrator to be heard. All taxes omitted by the deceased ~~must~~	6879
shall be charged on the tax lists and duplicate in ~~his~~the	6880
deceased's name.	6881

In all ~~such~~ additions to the personal tax lists and duplicate	6882
under this section, each succeeding tax year shall be considered	6883
as beginning at the time of the completion of the annual	6884
settlement of the duplicate for the previous year with the county	6885
treasurer.	6886

Sec. 2117.30. (A) No suit shall be brought against an	6887
executor or administrator by a creditor of the decedent or by any	6888
other party interested in the estate until after five months from	6889
the time of the appointment of the executor or administrator, or	6890
the expiration of the further time allowed by the probate court	6891
for the collection of the assets of the estate, except in the	6892
following cases:	6893

~~(A)~~(1) On claims rejected in whole or in part;

6894

~~(B)~~(2) For the enforcement of a lien against or involving	6895
title to specific property;	6896

~~(C)~~(3) For the recovery of a claim that would not be affected	6897
by the insolvency of the estate;	6898

~~(D)~~(4) On account of fraud, conversion, or concealment of	6899
assets;	6900

~~(E)~~(5) Any other action as to which a different rule is	6901
prescribed by statute.	6902

(B) When an executor or administrator dies, resigns, or is	6903
removed without having fully administered the estate of the	6904
deceased, the time between ~~his~~the executor's or administrator's	6905
death, resignation, or removal and the appointment of a successor	6906
shall be excluded in computing the five months or longer period	6907
provided in division (A) of this section. In any event, ~~his~~the	6908
executor's or administrator's successor shall not be held to	6909
answer the suit until after the expiration of four months from the	6910
date of the successor's appointment, or a further time allowed ~~him~~	6911
the executor or administrator by the court for the collection of	6912
the assets of the estate.	6913

Sec. 2117.31. When two or more persons are indebted in a	6914
joint contract, or upon a judgment founded on ~~such~~the joint	6915
contract, and either of them dies, ~~his~~the decedent's estate shall	6916
be liable ~~therefor~~for the debt as if the contract had been joint	6917
and several, or as if the judgment had been against ~~himself~~the	6918
decedent alone. This section shall not affect the rights of a	6919
surety, when certified as such, in a judgment rendered jointly	6920
against ~~him~~the surety and ~~his~~the surety's principal.	6921

Sec. 2117.34. No execution against the assets of an estate	6922
shall issue upon a judgment against an executor or administrator	6923
unless upon the order of the probate court ~~which~~that appointed	6924
~~him~~the executor or administrator. If an account has been rendered	6925
by ~~such~~the executor or administrator and settled by the court,	6926
~~such~~the execution shall issue only for the sum that appeared, on	6927
settlement of ~~such~~the account, to be a just proportion of the	6928
assets applicable to the judgment. The order of the court	6929
allowing ~~such~~the execution shall fix the amount for which the	6930
~~same~~execution shall issue.	6931

Sec. 2117.35. All executions against executors and	6932
administrators for debts due from the deceased shall run against	6933
the ~~goods and~~assets of the estate of the deceased in ~~their hands~~	6934
the possession or under the control of the executors and	6935
administrators.	6936

Sec. 2117.36. No real ~~estate~~property of a deceased person	6937
~~which~~that has been aliened or encumbered by the decedent's heirs	6938
prior to the issuing of letters testamentary or of administration	6939
shall be liable while in the ~~hands~~possession or under the control	6940
of a bona fide purchaser for value or to the prejudice of a bona	6941
fide lessee or encumbrancer for value for debts of the deceased	6942
person unless letters testamentary or of administration are	6943
granted within four years from the date of death of ~~such~~the	6944
deceased person. No real ~~estate~~property of a deceased person	6945
~~which~~that has been aliened or encumbered by the decedent's heirs	6946
or devisees after the ~~issue~~issuance of letters testamentary or of	6947
administration shall be liable while in the ~~hands~~possession or	6948
under the control of a bona fide purchaser for value or to the	6949
prejudice of a bona fide lessee or encumbrancer for value for	6950
debts of a deceased person unless suit is brought to subject ~~such~~	6951
the real ~~estate~~property to the payment of ~~such~~those debts prior	6952
to the settlement of the executor's or administrator's final	6953
account or what purports to be ~~his~~the executor's or	6954
administrator's final account; provided that if ~~such~~the final	6955
account is not filed and settled within four years after the	6956
granting of letters testamentary or of administration, but	6957
excluding for ~~the~~these purposes ~~hereof~~ the time that any action	6958
is pending against the executors or administrators for the	6959
establishment or collection of any claim against the deceased,	6960
~~such~~the real ~~estate~~property so aliened shall not be liable for	6961
the debts of the deceased unless suit is brought to subject ~~such~~	6962
the real ~~estate thereto~~property to those debts within ~~such~~that	6963
four-year period. The heir or devisee aliening ~~such~~the real	6964
~~estate~~property shall be liable for ~~the~~its value ~~thereof~~, with	6965
legal interest from the time of alienation, to the creditors of	6966
the deceased in the manner and within the limitations provided by	6967
law. This section does not enlarge or extend the right of the	6968
creditors of any deceased person against ~~his~~the deceased person's	6969
real ~~estate~~property, or repeal any limitations contained in other	6970
sections of the Revised Code, or apply to mortgages or liens of	6971
record at the time of the death of ~~such~~the deceased person.	6972

Sec. 2117.37. If a claim is contingent at the time of a	6973
decedent's death and a cause of action subsequently accrues on the	6974
claim, it shall be presented to the executor or administrator, in	6975
the same manner as other claims, before the expiration of ~~one year~~	6976
six months after the date of death of the decedent, or before the	6977
expiration of two months after the cause of action accrues,	6978
whichever is later, except as provided in section 2117.39 of the	6979
Revised Code. The executor or administrator shall allow or reject	6980
the claim in the same manner as other claims are allowed or	6981
rejected. If the claim is allowed, the executor or administrator	6982
shall proceed to pay it. If the claim is rejected, the claimant	6983
shall commence an action on the claim within two months after the	6984
rejection or be forever barred from maintaining an action on the	6985
claim.	6986

Sec. 2117.41. A claimant whose cause of action accrues as	6987
provided in section 2117.37 of the Revised Code may bring suit to	6988
recover ~~thereon~~on the claim against the heirs, next of kin,	6989
surviving spouse as next of kin, devisees, and legatees under the	6990
decedent's will, each of whom shall be liable to the claimant in	6991
an amount not exceeding the value of the real and personal ~~estate~~	6992
property that hethe person received under the will or on	6993
distribution of the estate. If, by the will of the deceased, any	6994
part of the estate or any one or more of the devisees and legatees	6995
is made exclusively liable for the debt, in exoneration of the	6996
residue of the estate or of the other devisees or legatees, the	6997
terms of the will shall be complied with in that respect and the	6998
persons and estate so exempt by the will shall be liable for only	6999
so much of the debt asthat cannot be recovered from those first	7000
chargeable ~~therewith~~with the debt.	7001

No ~~such~~ suit shall be maintained under this section unless	7002
commenced within six months next after the time when the cause of	7003
action first accrues, except in case the suit is for the balance	7004
due after a payment by the executor or administrator, in which	7005
case suit shall be brought within two months after the final	7006
payment by the executor or administrator. If the person entitled	7007
to bring ~~such~~the suit is under legal disability, hethe person	7008
may bring ~~such~~the action within one year after ~~his~~the person's	7009
disability is removed.	7010

If any of ~~such~~those heirs, next of kin, surviving spouse as	7011
next of kin, devisees, or legatees dies without having paid ~~his~~	7012
the person's just proportion of ~~such~~the debt, ~~his~~the executors	7013
or administrators of that deceased person's estate shall be liable	7014
~~therefor~~for that proportion to the extent hethe deceased person	7015
would have been if living.	7016

Sec. 2117.42. If, in the cases specified in section 2117.41	7017
of the Revised Code, more than one person is liable for the debt,	7018
the creditor shall proceed by one action to recover ~~such~~the debt	7019
against all so liable, or as many of them aswho are within the	7020
reach of process. ~~Thereupon, by~~By the verdict of a jury if either	7021
party requires it, the court ~~must~~shall determine what sum is due	7022
to the plaintiff. ~~They~~The jury also, according to the equities of	7023
the case, shall decide how much each of the defendants is liable	7024
to pay toward the satisfaction of the debt and the court shall	7025
render judgment accordingly.	7026

No suit shall be dismissed or debarred for not making all the	7027
persons defendants who might have been included as ~~such~~	7028
defendants. In any stage of the cause the court may award process	7029
to bring in other parties and allow amendments necessary to charge	7030
them, as defendants, upon ~~such~~the terms asthat it deems	7031
reasonable.	7032

If any of the persons who were originally liable for the debt	7033
is insolvent or unable to pay ~~his~~the person's proportion, or is	7034
beyond the reach of process, the others nevertheless shall be	7035
liable to the creditor for the whole amount of ~~his~~the debt;	7036
except that no one shall be compelled to pay more than the amount	7037
received by ~~him~~the person from the decedent's estate.	7038

If, in consequence of insolvency, absence, or other cause,	7039
any of the persons liable for ~~such~~the debt fails to pay ~~his~~the	7040
person's just proportion to the creditor, hethe person shall be	7041
liable to indemnify all who, by reason of ~~such~~that person's	7042
failure ~~on his part~~, have paid more than their just proportion of	7043
the debt, such indemnity to be recovered by all of them jointly or	7044
in separate actions, by any one or more of them for ~~his or~~ their	7045
respective parts ~~respectively~~, at their election.	7046

Sec. 2119.01. When a person owning property in this state	7047
has disappeared and has not been heard from, after diligent	7048
inquiry and for at least three months, under circumstances that	7049
afford reasonable ground to believe that hethe person is dead,	7050
cannot return, or refuses to return to ~~his~~the person's home, and	7051
~~his~~the person's estate requires attention, supervision, and care,	7052
or is needed for the maintenance of ~~his~~the person's dependents,	7053
the probate court ~~may~~, on application of the spouse or of one of	7054
the next of kin, may appoint a trustee to take possession and	7055
charge of the property of ~~such~~the person, other than the property	7056
with respect to which ~~such~~the person has made provision by	7057
written instrument designating an agent or attorney in fact. ~~Such~~	7058
The application shall be filed in the county in which ~~such~~the	7059
person last resided or if ~~his~~the person's last known residence	7060
was ~~without~~outside this state, ~~such~~the application may be filed	7061
in any county in which ~~any such~~that property is situated.	7062

Sec. 2119.02. The probate court, before appointing a trustee	7063
for an absentee, shall cause notice of the filing of the	7064
application under section 2119.01 of the Revised Code and of the	7065
time and place of hearing ~~thereon~~on the application to be	7066
published once a week for four consecutive weeks in ~~some~~a	7067
newspaper of general circulation in the county and shall cause	7068
copies of ~~such~~the notice to be mailed to the spouse and next of	7069
kin of the absentee residing within the state, ~~excepting~~except	7070
the applicant, and to the absentee residing at ~~his~~the absentee's	7071
last known address. The court may order notice to be given to ~~such~~	7072
any other persons in ~~such~~the manner asthat it ~~deems~~considers	7073
best.	7074

Sec. 2119.03. (A) The trustee appointed under section 2119.01	7075
of the Revised Code may proceed without order of the probate court	7076
to do the following:	7077

~~(A) To take~~(1) Take possession of the property of the	7078
absentee wherever situated within the state;	7079

~~(B) To collect~~(2) Collect all debts due to the absentee;

7080

~~(C) To retain~~(3) Retain and invest the estate in accordance	7081
with Chapters 2113. to 2125. of the Revised Code.	7082

(B) The trustee may pay ~~such~~that part or all of the income	7083
or principal of the estate as the court, from time to time, may	7084
direct for the maintenance and support of the absentee's	7085
dependents and, under the order of the court, may bring and defend	7086
suits on behalf of the absentee, compromise claims in favor of and	7087
against the absentee, and pay ~~such~~any debts of the absentee as	7088
that the court finds necessary for the protection of ~~his~~the	7089
absentee's dependents, including insurance premiums, orders for an	7090
award of spousal support, and other obligations. The court may	7091
make ~~such~~any other orders asthat it ~~deems~~considers proper for	7092
the care and custody of the property and its proceeds.	7093

Sec. 2119.04. In order to provide money for the payments	7094
authorized by section 2119.03 of the Revised Code, proceedings may	7095
be had for the mortgaging, leasing, or sale of the real ~~estate~~	7096
property of an absentee in the same manner as provided by sections	7097
2127.01 to 2127.43~~, inclusive,~~ of the Revised Code, for sales of	7098
real ~~estate~~property by executors and administrators. The probate	7099
court, upon notice to the spouse and ~~such~~any other persons and in	7100
~~such~~the manner asthat the court directs, may order all or any	7101
part of the personal ~~estate~~property to be sold.	7102

Sec. 2119.05. If at any time the absentee returns and makes	7103
application to the probate court for the termination of the trust	7104
established under section 2119.01 of the Revised Code, the court	7105
shall, on notice to the trustee and other interested parties,	7106
order the trustee to file ~~his~~a final account and on settlement	7107
~~thereof~~of the account shall terminate the trust and order all	7108
remaining property returned. If an executor, administrator, or	7109
guardian is appointed for the estate of ~~such~~the absentee, the	7110
court shall ~~thereupon~~ order the trustee to file ~~his~~a final	7111
account and on settlement ~~thereof~~of the account shall terminate	7112
the trust and order all of the property remaining in the ~~hands~~	7113
possession or under the control of the trustee to be delivered to	7114
the fiduciary entitled ~~thereto~~to the property.	7115

Sec. 2121.01. (A) Except as provided in division (B) of this	7116
section, a presumption of the death of a person arises upon either	7117
of the following:	7118

(1) When the person has disappeared and been continuously	7119
absent from ~~his~~the person's place of last domicile for a	7120
five-year period without being heard from during the period;	7121

(2) When the person has disappeared and been continuously	7122
absent from ~~his~~the person's place of last domicile without being	7123
heard from and was at the beginning of ~~his~~the person's absence	7124
exposed to a specific peril of death, even though the absence has	7125
continued for less than a five-year period.	7126

(B) When a person who is on active duty in the armed services	7127
of the United States has been officially determined to be absent	7128
in a status of "missing" or "missing in action," a presumption of	7129
death arises when the head of the federal department concerned has	7130
made a finding of death pursuant to the "Federal Missing Persons	7131
Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended and	7132
hereafter amended.	7133

Sec. 2121.02. (A) When ~~such~~ a presumption of death arises	7134
under section 2121.01 of the Revised Code with respect to a person	7135
who at the time of disappearance was domiciled in this state, the	7136
attorney general of this state or any person entitled under the	7137
~~last~~ will of ~~such~~the presumed decedent or under Chapter 2105. of	7138
the Revised Code to any share in the presumed decedent's property	7139
within this state, or any person or entity who, under the terms of	7140
any contract, beneficiary designation, trust, or otherwise, may be	7141
entitled to any property, right, or interest by reason of the	7142
death of the presumed decedent, may file a complaint setting forth	7143
the facts ~~which~~that raise the presumption of death in the probate	7144
court of the county of the presumed decedent's last residence.	7145

(B) When a presumption of death arises pursuant to section	7146
2121.01 of the Revised Code with respect to a person who at the	7147
time of the person's disappearance was domiciled at a place other	7148
than within the state, and the presumed decedent owns real	7149
property within this state, the complaint may be filed in the	7150
county where any part of the real property of the presumed	7151
decedent is located by any of the persons or entities referred to	7152
in division (A) of this section, or by any domiciliary executor or	7153
administrator of the decedent. A foreign fiduciary shall include	7154
with the complaint an exemplified copy of the domiciliary	7155
proceedings pursuant to which the foreign fiduciary was appointed.	7156

(C) In the case of a presumed decedent who was domiciled in	7157
this state, the complainant shall name as parties defendant the	7158
presumed decedent and each of the following that do not join in	7159
the complaint:	7160

(1) The presumed decedent's surviving spouse, if any;

7161

(2) All persons known to the complainant who are entitled	7162
under the presumed decedent's ~~last~~ will and all persons who are	7163
entitled under Chapter 2105. of the Revised Code to any share of	7164
the presumed decedent's property;	7165

(3) All persons or entities known to the complainant who have	7166
or would have by reason of the presumed decedent's death any right	7167
or interest under any contract, beneficiary designation, trust, or	7168
otherwise;	7169

(4) All contract obligors known to the complainant whose	7170
rights or obligations would be affected by a determination that	7171
the presumed decedent is in fact dead.	7172

(D) In the case of a presumed decedent who was not domiciled	7173
in this state but who owned real ~~estate~~property in this state,	7174
the complainant shall name as parties defendant each of the	7175
following that do not join in the complaint:	7176

(1) The presumed decedent's surviving spouse, if any;

7177

(2) All persons known to the complainant who are entitled	7178
under the presumed decedent's ~~last~~ will and all persons who are	7179
entitled under Chapter 2105. of the Revised Code to any share of	7180
the presumed decedent's real property within this state.	7181

(E) All parties defendant, other than the presumed decedent,	7182
shall be served with summons in the same manner as provided by the	7183
Rules of Civil Procedure.	7184

(F) The complainant shall cause to be advertised once a week	7185
for four consecutive weeks in a newspaper published in the county,	7186
the fact that the complaint has been filed together with a notice	7187
that on a day certain, ~~which~~that shall be at least four weeks	7188
after the last appearance of the advertisement, or after the final	7189
publication where any defendant is being served by publication,	7190
whichever is later, the probate court will hear evidence relevant	7191
to the allegations of the complaint.	7192

(G) No guardian ad litem, trustee for the suit, or other	7193
representative shall be required to be appointed to represent the	7194
presumed decedent in the proceeding.	7195

Sec. 2121.05. (A) Except as provided otherwise in ~~Chapter~~	7196
~~2121. of the Revised Code~~this chapter, all of the proceedings for	7197
the probate of the decedent's ~~last~~ will, if any, and all the	7198
proceedings, domiciliary or ancillary, for the administration of	7199
the decedent's estate that are set forth in the Revised Code for	7200
use upon the death of a decedent, shall upon the signing of the	7201
decree of presumed death be instituted and carried on in the same	7202
manner as if the presumed decedent were in fact dead. All acts	7203
pursuant to these proceedings shall be as valid as if the presumed	7204
decedent were in fact dead.	7205

(B) Following the decree the court may make ~~such~~any	7206
supplementary orders asthat in its discretion are necessary to	7207
consummate any right or interest arising by reason of the death of	7208
the presumed decedent under any contract, trust, or other	7209
nonprobate property interest of any person or entity who was a	7210
party to the proceedings. The court may condition the granting of	7211
~~any such~~that order by requiring any person or entity who would	7212
benefit ~~thereby~~by the order to furnish bond for a three-year	7213
period after the decree in the form and amount, with or without	7214
sureties, as the court shall order. If any supplementary order is	7215
directed to the holder of assets of the presumed decedent ~~which~~	7216
that were created by the decree of presumed death, the court, at	7217
the request of the party defendant to whom the order is directed,	7218
shall condition the granting of ~~any such~~that order by requiring	7219
any person or entity who would benefit ~~thereby~~by the order to	7220
furnish a suretyship bond for a three-year period after the decree	7221
in the amount of the assets so created by the decree with interest	7222
for the period of the bond at the rate specified in the order.	7223

(C) The term "assets of the presumed decedent ~~which~~that were	7224
created by the decree of presumed death" as used in division (B)	7225
of this section and division (D) of section 2121.08 of the Revised	7226
Code, means those potential assets of the presumed decedent in	7227
which the presumed decedent had a contractual or other right,	7228
contingent upon the presumed decedent's death, to have ~~such~~those	7229
assets paid to ~~his~~the presumed decedent's designee and the decree	7230
of presumed death would fulfill the contingency. Only that portion	7231
of the proceeds of life insurance policies on the life of the	7232
presumed decedent that exceeds any net cash surrender value of	7233
~~such~~the policies on the date of the decree is within the	7234
definition of the term "assets of the presumed decedent ~~which~~that	7235
were created by the decree of presumed death."	7236

(D) The bond shall provide that, if within the three-year	7237
period after the decree is entered by the court it is established	7238
that the presumed decedent is alive, ~~such~~the person or entity	7239
shall on the subsequent order of the court refund or return any	7240
sums, with interest as provided in the court order, or property	7241
received by virtue of ~~such~~the order, to the presumed decedent or	7242
to the person or entity who, by reason of the erroneous finding of	7243
death of the presumed decedent, made ~~such~~the payment or delivered	7244
~~such~~the property. The bond shall be further conditioned on	7245
returning the fair value of the property if the same shall have	7246
been sold or otherwise disposed of in the interim.	7247

(E) If the person or entity who would benefit by an order, as	7248
provided in division (B) of this section, fails to provide a bond	7249
for the amount of the assets of the presumed decedent ~~which~~that	7250
were created by the decree, with interest as specified in the	7251
order, the holder shall hold those assets for the three-year	7252
period they would have been bonded. In that event, the holder	7253
shall pay interest at the same rate specified in the order as a	7254
condition of the bond and the interest shall accumulate and be	7255
held throughout that period.	7256

(F) Nothing in this section shall preclude ~~such~~the person or	7257
entity from selling, encumbering, or otherwise disposing of any	7258
property so received and any purchaser, transferee, or mortgagee	7259
acquires good title to ~~such~~the property free and clear of any	7260
claim of the presumed decedent.	7261

Sec. 2121.06. Upon the signing of the decree establishing	7262
the death of the presumed decedent, the real ~~estate~~property of	7263
the presumed decedent passes and ~~devloves~~devolves as in the case	7264
of actual death, and the persons entitled by will, or under	7265
Chapter 2105. of the Revised Code, may enter and take possession.	7266
Persons taking the real ~~estate~~property may sell or mortgage it	7267
and the purchaser or mortgagee takes a good title, free and	7268
discharged of any interest or claim of the presumed decedent. The	7269
persons taking ~~such~~the real ~~estate~~property shall not sell,	7270
convey, or mortgage any part ~~thereof~~of the property within the	7271
three-year period specified in section 2121.08 of the Revised Code	7272
without first giving bond in an amount to be fixed by the probate	7273
court and with sureties to be approved by the court. In the	7274
discretion of the court the bond may be taken without sureties.	7275
~~Such~~The bond shall be conditioned to account for and pay over to	7276
the presumed decedent, in case within the three-year period after	7277
the decree is entered by the court it is established that the	7278
presumed decedent is still alive, the value of the real ~~estate~~	7279
property sold or conveyed, or in the case of the making of a	7280
mortgage, to pay the amount of the mortgage and interest ~~thereon~~	7281
on the mortgage, or in case of a foreclosure of ~~such~~that	7282
mortgage, to account for and pay over the value of the real ~~estate~~	7283
property mortgaged.	7284

Sec. 2121.08. (A) The probate court may at any time within a	7285
three-year period from the date of the decree establishing the	7286
death of a presumed decedent, upon proof satisfactory to the court	7287
that the presumed decedent is in fact alive, vacate the decree	7288
establishing the presumption of ~~his~~ death. After the decree has	7289
been vacated all the powers of the executor or administrator of	7290
the presumed decedent cease, but all proceedings had and steps	7291
taken with respect to the administration of the estate of the	7292
presumed decedent prior to the vacating of ~~such~~the decree remain	7293
valid. The executor or administrator of the estate of ~~such~~the	7294
presumed decedent who is found to be alive shall settle ~~his~~the	7295
account of ~~his~~the executor's or administrator's administration	7296
down to the time of the vacating of the decree and shall transfer	7297
all assets remaining in ~~his hands~~the possession or under the	7298
control of the executor or administrator to the person ~~as whose~~	7299
for whom the executor or administrator ~~he has acted~~is acting, or	7300
to ~~such~~that person's authorized agent or attorney.	7301

(B) The title of any person to any money, property, right, or	7302
interest as surviving spouse, next of kin, heir, legatee, devisee,	7303
co-owner with right of survivorship, beneficiary or other	7304
contractual payee, successor to a trust interest, or otherwise of	7305
the presumed decedent shall be subject to this section, and upon	7306
vacating of ~~such~~the decree as provided in this section any	7307
property, money, right, or interest, or ~~the~~its fair value ~~thereof~~	7308
if the same shall have been sold or otherwise disposed of, may be	7309
recovered from the person who had received ~~any such~~that property,	7310
money, right, or interest.	7311

(C) Except as provided in division (D) of this section, in	7312
any action against a beneficiary for the recovery of property or	7313
the value ~~thereof~~of the property, or upon the bond given as	7314
condition for delivery of money, other personal property, or sale	7315
or encumbrance of real property, the beneficiary may set off as	7316
against ~~such~~that claim, an allowance for services rendered in	7317
maintaining or preserving the property, and for any moneys or	7318
other considerations made or given by the beneficiary for the	7319
preservation, care, or maintenance of the property during the	7320
period of absence of the person erroneously presumed to be dead,	7321
and the reasonable value of any part of the property used for	7322
support by those whom the person erroneously presumed to be dead	7323
had a legal obligation to support during ~~his~~the person's absence.	7324

(D) There shall be no set off as against those assets defined	7325
in division (C) of section 2121.05 of the Revised Code to be	7326
assets of the presumed decedent ~~which~~that were created by the	7327
decree of presumed death. Those assets created by the erroneous	7328
decree of presumed death shall be returned with interest to the	7329
person entitled ~~thereto~~to them.	7330

(E) Any net cash surrender value on any policies of life	7331
insurance on the life of a person erroneously presumed to be dead	7332
are subject to the set off provision in division (C) of this	7333
section. The person erroneously presumed to be dead, or persons	7334
claiming under ~~him~~the person erroneously presumed to be dead, may	7335
recover whatever remains of cash values from the person to whom	7336
paid. ~~Such~~The claimants have no recourse against the insurance	7337
company ~~which~~that made ~~such~~the payments, and it is discharged	7338
from liability on the policies affected.	7339

Sec. 2121.09. After vacation of the decree of the	7340
presumption of death has been established, as provided by section	7341
2121.08 of the Revised Code, the person erroneously presumed to be	7342
dead ~~may~~, on motion filed of record stating the facts, may be	7343
substituted as plaintiff or petitioner in all actions or	7344
proceedings brought by the executor or administrator, whether	7345
prosecuted to judgment or decree or otherwise. ~~Such~~That person	7346
~~may~~, in all actions or proceedings previously brought against the	7347
executor or administrator, may be substituted as defendant or	7348
respondent, on motion filed by ~~him~~the person or on ~~his~~the	7349
person's behalf, but shall not be compelled to go to trial in less	7350
than three months from the time of filing of ~~such~~the motion.	7351
Judgments or decrees recovered against the executor or	7352
administrator, before the vacation of the decree, may be opened on	7353
application made by the person erroneously presumed to be dead	7354
within three months after the vacating of the decree, provided it	7355
is supported by an affidavit alleging the existence of facts ~~which~~	7356
that would be a valid defense. If the application is not made	7357
within the three months or is made but the supporting alleged	7358
facts are adjudged an insufficient defense, the judgment or decree	7359
is conclusive to all intents, saving the defendant's right to	7360
review as in other cases on appeal.	7361

Sec. 2123.02. In a situation described in section 2123.01 of	7362
the Revised Code, the executor or administrator may file in the	7363
probate court of the county where the estate is being administered	7364
a ~~petition~~complaint signed by ~~such~~the executor or administrator	7365
or ~~his~~the executor's or administrator's attorney, which ~~petition~~	7366
complaint shall be verified. The surviving spouse and the	7367
legatees and devisees, or the heirs and distributees of the	7368
decedent, including those whose names are unknown, shall be made	7369
parties defendant. The ~~petition~~complaint shall contain a concise	7370
statement of the pertinent facts and shall conclude with a prayer,	7371
for the determination of the heirs and distributees of ~~such~~the	7372
decedent or of the devisees or legatees not named in the will and	7373
their respective interests in the estate.	7374

Sec. 2123.03. Upon the filing of the ~~petition~~complaint	7375
mentioned in section 2123.02 of the Revised Code, the same	7376
proceedings, pleadings, and rule days as in civil actions in the	7377
court of common pleas shall apply. All parties defendant who are	7378
known to be residents of the state and whose ~~place~~places of	7379
residence isare known shall be served with summons, as provided	7380
for the service of summons in civil actions in ~~such~~that court.	7381

Sec. 2123.05. At the time assigned for the hearing of a	7382
proceeding set forth under section 2123.01 of the Revised Code, or	7383
at any time to which ~~said~~the hearing may be adjourned, the	7384
probate court may hear proof taken by commission, or by witnesses	7385
produced in open court, of the facts set forth in the ~~petition~~	7386
complaint, and shall, if satisfied from the evidence, find and	7387
adjudge who are or were the heirs or next of kin of the decedent,	7388
and entitled by the laws of this state to inherit the estate of	7389
the deceased, or the devisees or legatees named or unnamed in the	7390
will~~, which~~. The finding and adjudication shall be entered on the	7391
journal of the court, which entry, or a certified copy ~~thereof~~of	7392
the entry, shall be prima facie evidence of the facts ~~therein~~	7393
found.	7394

Sec. 2123.06. Whenever it is necessary for any person other	7395
than an executor or administrator to determine who are or were the	7396
heirs at law of a deceased person, on the ~~petition~~complaint of	7397
any interested party and proceedings ~~like~~similar to those set	7398
forth in sections 2123.01 to 2123.05~~, inclusive,~~ of the Revised	7399
Code, the probate court may make a determination ~~thereof~~of who	7400
are or were the heirs at law of the deceased person.	7401

Sec. 2127.011. (A) In addition to the other methods provided	7402
by law or in the will and unless expressly prohibited by the will,	7403
an executor or administrator may sell at public or private sale,	7404
grant options to sell, exchange, re-exchange, or otherwise dispose	7405
of any parcel of real ~~estate~~property belonging to the estate at	7406
any time at prices and upon terms asthat are consistent with this	7407
section and may execute and deliver deeds and other instruments of	7408
conveyance if all of the following conditions are met:	7409

(1) The surviving spouse, all of the legatees and devisees in	7410
the case of testacy, and all of the heirs in the case of	7411
intestacy, give written consent to a power of sale for a	7412
particular parcel of real ~~estate~~property or to a power of sale	7413
for all the real ~~estate~~property belonging to the estate. Each	7414
consent to a power of sale provided for in this section shall be	7415
filed in the probate court.	7416

(2) Any sale under a power of sale authorized pursuant to	7417
this section shall be made at a price of at least eighty per cent	7418
of the appraised value, as set forth in an approved inventory.	7419

(3) No power of sale provided for in this section is	7420
effective if the surviving spouse,or any legatee, devisee, or	7421
heir is a minor. No person may give the consent of the minor that	7422
is required by this section.	7423

(B) A surviving spouse who is the executor or administrator	7424
may sell real ~~estate~~property to ~~himself~~self pursuant to this	7425
section.	7426

Sec. 2127.02. As soon as an executor or administrator	7427
ascertains that the personal property in ~~his hands~~the possession	7428
or under the control of the executor or administrator is	7429
insufficient to pay all the debts of the decedent, together with	7430
the allowance for support to the surviving spouse, minor children,	7431
or surviving spouse and minor children of the decedent as provided	7432
in section 2106.13 of the Revised Code, and the costs of	7433
administering the estate, hethe executor or administrator shall	7434
commence a civil action in the probate court for authority to sell	7435
the decedent's real property.	7436

Sec. 2127.04. (A) With the consent of all persons entitled	7437
to share in an estate upon distribution, the executor,	7438
administrator, or administrator with the will annexed may, and	7439
upon the request of these persons shall, commence an action in the	7440
probate court for authority to sell any part or all of the	7441
decedent's real ~~estate~~property, even though the real ~~estate~~	7442
property is not required to be sold to pay debts or legacies. A	7443
guardian may make a request under this division, or give consent,	7444
on behalf of the guardian's ward.	7445

(B) An executor, administrator, or administrator with the	7446
will annexed may commence an action in the probate court, on the	7447
executor or administrator's own motion, to sell any part or all of	7448
the decedent's real ~~estate~~property, even though the real ~~estate~~	7449
property is not required to be sold to pay debts or legacies. The	7450
court shall not issue an order of sale in the action unless one of	7451
the categories specified in divisions (B)(1)(a), (b), and (c),	7452
(B)(2)(a), (b), and (c), and (B)(3) of this section applies:	7453

(1)(a) At least fifty per cent of all the persons interested	7454
in the real ~~estate~~property proposed to be sold have consented to	7455
the sale.	7456

(b) Prior to the issuance of the order, no written objection	7457
is filed with the court by any person or persons who hold	7458
aggregate interests in the interest of the decedent in the real	7459
~~estate~~property proposed to be sold, that total in excess of	7460
twenty-five per cent.	7461

(c) The court determines that the sale is in the best	7462
interest of the decedent's estate.	7463

(2)(a) No person's interest in the interest of the decedent	7464
in the real ~~estate~~property proposed to be sold exceeds ten per	7465
cent.	7466

(b) Prior to the issuance of the order, no written objection	7467
is filed with the court by any person or persons who hold	7468
aggregate interests in the interest of the decedent in the real	7469
~~estate~~property proposed to be sold, that total in excess of	7470
twenty-five per cent.	7471

(c) The court determines that the sale is in the best	7472
interest of the decedent's estate.	7473

(3) The real ~~estate~~property proposed to be sold escheats to	7474
the state under division (K) of section 2105.06 of the Revised	7475
Code.	7476

(C) Notwithstanding any provision of the Revised Code, an	7477
executor, administrator, or administrator with the will annexed	7478
shall commence an action in the probate court to sell any part or	7479
all of the decedent's real ~~estate~~property if any person who is	7480
entitled to inherit all or part of the real ~~estate~~property cannot	7481
be found after a due and diligent search. The court shall not	7482
issue an order of sale in the action unless the sale is in the	7483
best interest of the person who cannot be found and in the best	7484
interest of the decedent's estate.	7485

If a sale is ordered under this division, the costs of its	7486
administration shall be taken from the proceeds of the sale.	7487

(D) A surviving spouse who is an executor or administrator of	7488
the decedent spouse's estate is not disqualified, by reason of	7489
being executor or administrator, as a person to whom a parcel of	7490
real ~~estate~~property may be sold pursuant to this section.	7491

Sec. 2127.05. Whenever necessary for the education, support,	7492
or the payment of the just debts of the ward, or for the discharge	7493
of liens on the real ~~estate~~property of the ward, ~~or wherever~~	7494
whenever the real ~~estate~~property of the ward is suffering	7495
unavoidable waste, or a better investment of its value can be	7496
made, or whenever it appears that a sale of the real ~~estate~~	7497
property will be for the benefit of the ward or ~~his~~the ward's	7498
children, the guardian of the person and estate or of the estate	7499
only of a minor, person unable to manage ~~his~~the person's property	7500
because of mental illness or deficiency, habitual drunkard,	7501
confined person, or other person under disability may commence a	7502
civil action in the probate court for authority to sell all or any	7503
part of the real ~~estate~~property of the ward. If it appears to the	7504
advantage of the ward to lay out all or any part of the ~~land~~real	7505
property in town lots, application for ~~such~~that authority may	7506
also be made in the action.	7507

When the same person is guardian for two or more wards whose	7508
real ~~estate~~property is owned by them jointly or in common, the	7509
actions may be joined, and in one complaint the guardian may ask	7510
for the sale of the interest of all or any number of ~~his~~the	7511
guardian's wards in the real ~~estate~~property. If different persons	7512
are guardians of wards interested jointly or in common in the same	7513
real ~~estate~~property, they may join as parties plaintiff in the	7514
same action. On the hearing, in either case, the court may	7515
authorize the sale of the interest of one or more of the wards.	7516

Sec. 2127.06. If the fiduciary who brings an action under	7517
section 2127.01 to 2127.43~~, inclusive,~~ of the Revised Code, dies,	7518
resigns, or is removed, or ~~his~~the fiduciary's powers cease at any	7519
time before the real ~~estate~~property sold is conveyed, a successor	7520
fiduciary may be substituted as a party to the action and may	7521
convey ~~land~~real property, whether sold before or after ~~his~~the	7522
successor fiduciary's appointment. HeThe successor fiduciary may	7523
also be required to give an additional bond.	7524

Sec. 2127.07. Any interest in real ~~estate~~property, whether	7525
legal or equitable, ~~which~~that the deceased had a right to sell or	7526
dispose of at the time of ~~his decease~~the deceased's death, or of	7527
which the ward was seized at the time the action was brought,	7528
including coal, iron ore, limestone, fireclay, or other mineral	7529
upon or under ~~such~~the real ~~estate~~property, or the right to mine	7530
them, may be sold by an executor, administrator, or guardian under	7531
sections 2127.01 to 2127.43~~, inclusive,~~ of the Revised Code. This	7532
section does not give an executor or administrator with the will	7533
annexed authority to sell real ~~estate~~property for the payment of	7534
legacies, other than as charged by the testator or by operation of	7535
law. This section does not give a guardian authority to sell an	7536
equitable estate in real ~~estate~~property placed by deed of trust,	7537
beyond the power of the ward to sell, convey, or assign.	7538

Sec. 2127.08. When the interest of a decedent or ward in	7539
real ~~estate~~property is fractional and undivided, the action for	7540
authority to sell ~~such~~the real ~~estate~~property shall include only	7541
~~such~~the undivided fractional interest, except that the executor,	7542
administrator, or guardian, or the owner of any other fractional	7543
interest, or any lien holder may, by pleading filed in the cause	7544
setting forth all interests in the property and liens ~~thereon~~on	7545
the property, require that the action include the entire interest	7546
in the property, and the owner of ~~said~~the interests and liens	7547
shall receive ~~his~~the owner's respective share of the proceeds of	7548
sale after payment has been made of the expenses of sale including	7549
reasonable attorney fees for services in the case~~, which~~. Those	7550
fees ~~must~~shall be paid to the plaintiff's attorney unless the	7551
court awards some part ~~thereof~~of the fees to other counsel for	7552
services in the case for the common benefit of all the parties,	7553
having regard to the interest of the parties, the benefit each may	7554
derive from the sale, and the equities of the case. The fees of	7555
the executor, administrator, or guardian shall be a charge only	7556
against ~~such~~the portion of the proceeds of sale asthat	7557
represents the interests of the decedent or ward.	7558

Sec. 2127.09. An action by an executor, administrator, or	7559
guardian to obtain authority to sell real ~~estate~~property shall be	7560
brought in the county in which hethe executor, administrator, or	7561
guardian was appointed or in which the real ~~estate~~property	7562
subject to sale or any part ~~thereof~~of the property is situated.	7563
If the action is brought in a county other than that in which the	7564
real ~~estate~~property or a part ~~thereof~~of the property is	7565
situated, a certified transcript of the record of all proceedings	7566
had ~~therein~~in that county shall be filed with and recorded by the	7567
probate court of each county in which ~~such~~the real ~~estate~~	7568
property or any part ~~thereof~~of the property is situated.	7569

Sec. 2127.10. An action to obtain authority to sell real	7570
~~estate~~property shall be commenced by the executor, administrator,	7571
or guardian by filing a complaint with the probate court.	7572

The complaint shall contain a description of the real ~~estate~~	7573
property proposed to be sold and its value, as near as can be	7574
ascertained, a statement of the nature of the interest of the	7575
decedent or ward in the real ~~estate~~property, a recital of all	7576
mortgages and liens upon and adverse interests in the real ~~estate~~	7577
property, the facts showing the reason or necessity for the sale,	7578
and any additional facts necessary to constitute the cause of	7579
action under the section of the Revised Code on which the action	7580
is predicated.	7581

Sec. 2127.11. When the actual market value of a decedent's	7582
or ward's real ~~estate~~property to be sold is less than three	7583
thousand dollars, and the court so finds, it may by summary order	7584
authorize the sale and conveyance of the ~~land~~real property at	7585
private sale, on ~~such~~the terms asthat it ~~deems~~considers proper,	7586
and in ~~such a~~that proceeding, all requirements of sections	7587
2127.01 to 2127.43 of the Revised Code, as to service of summons,	7588
appraisal, and additional bond, shall be waived.	7589

Sec. 2127.12. In an action by an executor or administrator	7590
to obtain authority to sell real ~~estate~~property, the following	7591
persons shall be made parties defendant:	7592

(A) The surviving spouse;

7593

(B) The heirs, devisees, or persons entitled to the next	7594
estate of inheritance from the decedent in the real ~~estate~~	7595
property and having an interest in it, but their spouses need not	7596
be made parties defendant;	7597

(C) All mortgagees and other lienholders whose claims affect	7598
the real ~~estate~~property or any part of it;	7599

(D) If the interest subject to sale is equitable, all persons	7600
holding legal title to the interest or any part of it, and those	7601
who are entitled to the purchase money for it, other than	7602
creditors;	7603

(E) If a fraudulent transfer is sought to be set aside, all	7604
persons holding or claiming under the transfer;	7605

(F) All other persons having an interest in the real ~~estate~~	7606
property.	7607

Sec. 2127.13. In an action by a guardian to obtain authority	7608
to sell the real ~~estate~~property of ~~his~~the guardian's ward the	7609
following persons shall be made parties defendant:	7610

(A) The ward;

7611

(B) The spouse of the ward;

7612

(C) All persons entitled to the next estate of inheritance	7613
from the ward in ~~such~~the real ~~estate~~property who are known to	7614
reside in Ohio, but their spouses need not be made parties	7615
defendant;	7616

(D) All lienholders whose claims affect ~~such~~the real ~~estate~~	7617
property or any part ~~thereof~~of the property;	7618

(E) If the interest subject to ~~such~~the sale is equitable,	7619
all persons holding legal title ~~thereto~~to the real property or	7620
any part ~~thereof~~of the property;	7621

(F) All other persons having an interest in ~~such~~the real	7622
~~estate~~property, other than creditors.	7623

Sec. 2127.14. Service of summons, actual or constructive, in	7624
an action to sell the real ~~estate~~property of a decedent or a ward	7625
shall be had as in other civil actions, but if any competent	7626
person in interest enters appearance or consents in writing to the	7627
sale, service on ~~such~~that person shall not be necessary. If all	7628
parties consent in writing to the sale, an order ~~therefor~~for the	7629
sale may issue forthwith.	7630

Sec. 2127.15. All pleadings and proceedings in an action to	7631
obtain authority to sell the real ~~estate~~property of a decedent or	7632
a ward in the probate court shall be the same as in other civil	7633
actions, except as otherwise provided in sections 2127.01 to	7634
2127.43 of the Revised Code.	7635

Sec. 2127.16. In a sale of real ~~estate~~property by an	7636
executor, administrator, or guardian, ~~such~~the real ~~estate~~	7637
property shall be sold free of all right and expectancy of dower	7638
~~therein~~in the property, but out of the proceeds of the sale, in	7639
lieu of dower, the court shall allow to the person having any	7640
dower interest in the property ~~such~~a sum in money asthat is the	7641
just and reasonable value of ~~such~~the dower, unless the answer of	7642
~~such~~the person waives ~~such~~that allowance.	7643

Sec. 2127.17. In an action to obtain authority to sell real	7644
~~estate~~property, if a party in ~~his~~the party's answer objects to	7645
an order for the sale of real ~~estate~~property by an executor,	7646
administrator, or guardian, and on hearing it appears to the court	7647
that either the complaint or the objection is unreasonable, it may	7648
award costs to the party prevailing on that issue.	7649

Sec. 2127.18. Upon the hearing of an action to obtain	7650
authority to sell real ~~estate~~property by an executor,	7651
administrator, or guardian, if satisfied that all necessary	7652
parties defendant are properly before the court, and that the	7653
demand for relief ought to be granted, the court may determine the	7654
equities among the parties and the priorities of lien of the	7655
several lien holders on the real ~~estate~~property, and order a	7656
distribution of the money arising from the sale in accordance with	7657
its determination. The court may in the same cause order	7658
contributions among all parties in interest.	7659

Sec. 2127.19. When an action to obtain authority to sell	7660
real ~~estate~~property is determined by the probate court, the	7661
probate judge shall make the necessary order for an entry of	7662
release and satisfaction of all mortgages and other liens upon the	7663
real ~~estate~~property except ~~such~~the mortgage asthat is assumed	7664
by the purchaser. The executor, administrator, or guardian shall	7665
~~thereupon~~ enter ~~such~~the release and satisfaction, together with a	7666
memorandum of the title of the case, the character of the	7667
proceedings, and the volume and page of record where recorded,	7668
upon the record of ~~such~~the mortgage, judgment, or other lien in	7669
the office where it appears as matter of record. If the executor,	7670
administrator, or guardian fails to enter ~~such~~the release and	7671
satisfaction, the court ~~may~~, on the application of an interested	7672
party, may enter ~~such~~the release and satisfaction and tax in ~~his~~	7673
the executor's, administrator's, or guardian's cost bill the fee	7674
provided by law for entering ~~such~~the release and satisfaction,	7675
and a fee of twenty-five cents to the court.	7676

Sec. 2127.21. If a guardian's complaint in an action to	7677
obtain authority to sell real ~~estate~~property seeks to have ~~land~~	7678
real property laid out in town lots, and the court finds it to the	7679
advantage of the ward, it shall authorize the survey and platting	7680
of the ~~land~~real property as provided by law. Upon subsequent	7681
return of the survey and plat, the court, if it approves it, shall	7682
authorize the guardian on behalf of ~~his~~the guardian's ward to	7683
sign, seal, and acknowledge the plat in that behalf for record.	7684

Sec. 2127.22. If an appraisement of the real ~~estate~~property	7685
is contained in the inventory required of an executor or	7686
administrator by section 2115.02 of the Revised Code, and of a	7687
guardian by section 2111.14 of the Revised Code, the probate court	7688
may order a sale in accordance with the appraisement, or order a	7689
new appraisement. If a new appraisement is not ordered, the value	7690
set forth in the inventory shall be the appraised value of the	7691
real ~~estate~~property. If the court orders a new appraisement, the	7692
value returned shall be the appraised value of the real ~~estate~~	7693
property.	7694

If the interest of the deceased or ward in the real ~~estate~~	7695
property is fractional and undivided, and if a party requests and	7696
the court orders the entire interest in the real ~~estate~~property	7697
to be sold, a new appraisement of the entire interest in the real	7698
~~estate~~property shall be ordered.	7699

If the relief requested is granted and new appraisement is	7700
ordered, the court shall appoint one, or on request of the	7701
executor, administrator, or guardian, not exceeding three	7702
judicious and disinterested persons of the vicinity, not next of	7703
kin of the complainant, to appraise the real ~~estate~~property in	7704
whole and in parcels at its true value in money. ~~Where~~If the real	7705
~~estate~~property lies in two or more counties the court may appoint	7706
appraisers in any or all of the counties in which the real ~~estate~~	7707
property or a part of it is situated.	7708

Sec. 2127.23. The appraisers appointed under section 2127.22	7709
of the Revised Code shall agree to truly and impartially appraise	7710
the real ~~estate~~property at its fair cash value upon actual view	7711
and to perform the duties required of them by the order of the	7712
court. The appraisement shall be signed by the appraisers, and the	7713
officer to whom it is issued shall make return of it to the court	7714
for confirmation.	7715

Sec. 2127.24. When a person appointed by the court under	7716
section 2127.22 of the Revised Code as an appraiser fails to	7717
discharge ~~his~~the person's duties, the probate judge on ~~his~~the	7718
judge's own motion or on the motion of the executor,	7719
administrator, or guardian may appoint another appraiser.	7720

Sec. 2127.27. Upon the return and approval of the	7721
appraisement provided for by section 2127.22 of the Revised Code,	7722
the court shall require the executor, administrator, or guardian	7723
to execute a bond with two or more personal sureties, or one or	7724
more corporate sureties, whose qualifications shall be those	7725
provided by section 2109.17 of the Revised Code. ~~Such~~The bond	7726
shall be payable to the state in an amount ~~which~~that the court	7727
~~deems~~considers sufficient, having regard to the amount of real	7728
~~estate~~property to be sold, its appraised value, the amount of the	7729
original bond given by the executor, administrator, or guardian,	7730
and the distribution to be made of the proceeds arising from the	7731
sale~~, and such~~. The bond shall be conditioned for the faithful	7732
discharge of ~~his~~the executor's, administrator's, or guardian's	7733
duties and the payment of, and accounting for, all moneys arising	7734
from ~~such~~the sale according to law. ~~Such~~The bond shall be	7735
additional to that given by the executor, administrator, or	7736
guardian at the time of ~~his~~ appointment. If the court finds the	7737
amount of the original bond given by the executor, administrator,	7738
or guardian is sufficient, having regard for the amount of real	7739
~~estate~~property to be sold, its appraised value, and the	7740
distribution to be made of the proceeds arising from the sale, the	7741
giving of additional bond may be dispensed with by order of the	7742
court. ~~Such~~The bond shall be given in the court from which the	7743
executor, administrator, or guardian ~~received his appointment~~was	7744
appointed.	7745

If the action to obtain authority to sell real ~~estate~~	7746
property is pending in another court, the latter shall proceed no	7747
further until there is filed ~~therein~~in that court a certificate	7748
from the court ~~wherein~~in which the executor, administrator, or	7749
guardian ~~received his appointment~~was appointed, under its seal,	7750
that ~~such~~the bond has been given or that the original bond is	7751
sufficient. This section does not prevent the court in an action	7752
to sell real ~~estate~~property from ordering the sale of ~~such~~that	7753
real ~~estate~~property without bond in cases where the testator had	7754
provided by ~~his~~the testator's will that the executor need not	7755
give bond.	7756

Sec. 2127.28. The probate court may, after notice to all	7757
parties in interest, allow a real estate commission in an action	7758
to sell real ~~estate~~property by an executor, administrator, or	7759
guardian, but an allowance shall be passed upon by the court prior	7760
to the sale.	7761

The court may allow payment for certificate or abstract of	7762
title or policy of title insurance in connection with the sale of	7763
any ~~land~~real property by an executor, administrator, or guardian.	7764

Sec. 2127.29. When the bond required by section 2127.27 of	7765
the Revised Code is filed and approved by the court, it shall	7766
order the sale of the real ~~estate~~property included in the	7767
complaint set forth in section 2127.10 of the Revised Code, or the	7768
part of the real ~~estate~~property it ~~deems~~considers necessary for	7769
the interest of all parties concerned. If the complaint alleges	7770
that it is necessary to sell part of the real ~~estate~~property, and	7771
that by the partial sale the residue of the ~~estate~~real property,	7772
or a specific part of it, would be greatly injured, the court, if	7773
it so finds, may order a sale of the whole ~~estate~~real property.	7774

Sec. 2127.30. If the order of sale set forth in section	7775
2127.29 of the Revised Code includes real ~~estate~~property in which	7776
the ward or the estate has an equitable interest only, the court	7777
may make an order for the appraisement and sale of ~~such~~that	7778
equitable estate free from dower, for the indemnity of the estate	7779
against any claim for purchase money, and for payment of the value	7780
of ~~such~~the dower in money, as the court ~~deems~~considers	7781
equitable, having regard for the rights of all parties in	7782
interest.	7783

Sec. 2127.32. The real ~~estate~~property included in the	7784
court's order of sale, as provided in section 2127.29 of the	7785
Revised Code, shall be sold either in whole or in parcels at	7786
public auction at the door of the courthouse in the county in	7787
which the order of sale was granted, or at another place, as the	7788
court directs, and the order shall fix the place, day, and hour of	7789
sale. If it appears to be more for the interest of the ward or the	7790
estate to sell the real ~~estate~~property at private sale, the court	7791
may authorize the complainant to sell it either in whole or in	7792
parcels. If an order for private sale is issued, it shall be	7793
returned by the complainant. Upon motion and showing of a person	7794
interested in the proceeds of the sale, filed after thirty days	7795
from the date of the order, the court may require the complainant	7796
to return the order, if the premises have not been sold. ~~Thereupon~~	7797
Upon return of the order, the court may order the real ~~estate~~	7798
property to be sold at public sale.	7799

If upon showing of any person interested, the court finds	7800
that it will be to the interest of the ward or the estate, it may	7801
order a reappraisement and sale in parcels.	7802

If the sale is to be public, the executor, administrator, or	7803
guardian ~~must~~shall give notice of the time and place of the sale	7804
by advertisement at least three weeks successively in a newspaper	7805
published in the county where the ~~lands are~~real property is	7806
situated.	7807

Sec. 2127.33. ~~Where~~If the sale authorized by a court as	7808
provided in section 2127.32 of the Revised Code is private, the	7809
real ~~estate~~property shall not be sold for less than the appraised	7810
value. ~~When~~If the sale is at public auction the real ~~estate~~	7811
property if improved shall not be sold for less than two thirds of	7812
the appraised value, or if not improved, for less than one half of	7813
the appraised value. In private sales if no sale has been effected	7814
after one bona fide effort to sell under this section, or if in	7815
public sales the ~~land~~real property remains unsold for want of	7816
bidders when offered pursuant to advertisement, the court may fix	7817
the price for which ~~such~~the real ~~estate~~property may be sold or	7818
may set aside the appraisement and order a new appraisement. If	7819
~~such~~the new appraisement does not exceed five hundred dollars,	7820
and upon the first offer ~~thereunder~~under the new appraisement at	7821
public sale there are no bids, then upon the motion of any party	7822
interested the court may order the real ~~estate~~property to be	7823
readvertised and sold at public auction to the highest bidder.	7824

Sec. 2127.34. The order for the sale of real ~~estate~~	7825
property, granted by the probate court in an action by an	7826
executor, administrator, or guardian, shall prescribe the terms of	7827
the sale, and payment of the purchase money, either in whole or in	7828
part, for cash, or on deferred payments. In the sales by executors	7829
or administrators, deferred payments shall not exceed two years	7830
with interest.	7831

Sec. 2127.35. An executor, administrator, or guardian shall	7832
make return of ~~his~~the executor's, administrator's, or guardian's	7833
proceedings under the order for the sale of real ~~estate~~property	7834
granted by the probate court. The court, after careful	7835
examination, if satisfied that the sale has in all respects been	7836
legally made, shall confirm the sale, and order the executor,	7837
administrator, or guardian to make a deed to the purchaser.	7838

The deed shall be received in all courts as prima-facie	7839
evidence that the executor, administrator, or guardian in all	7840
respects observed the direction of the court, and complied with	7841
the requirements of the law, ~~and~~ shall convey the interest in the	7842
real ~~estate~~property directed to be sold by the court, and shall	7843
vest title to the interest in the purchaser as if conveyed by the	7844
deceased in ~~his~~the deceased's lifetime, or by the ward free from	7845
disability, and by the owners of the remaining interests in the	7846
real ~~estate~~property.	7847

Sec. 2127.36. The order for the sale of real ~~estate~~property	7848
granted in an action by an executor, administrator, or guardian	7849
shall require that before the delivery of the deed the deferred	7850
installments of the purchase money be secured by mortgage on the	7851
real ~~estate~~property sold, and mortgage notes bearing interest at	7852
a rate approved by the probate court. If after the sale is made,	7853
and before delivery of the deed, the purchaser offers to pay the	7854
full amount of the purchase money in cash, the court may order	7855
that it be accepted, if for the best interest of the estate or the	7856
ward, and direct its distribution.	7857

The court in ~~such an~~that order may also direct the sale,	7858
without recourse, of any or all of the notes taken for deferred	7859
payments, if for the best interest of the estate or the ward, at	7860
not less than their face value with accrued interest, and direct	7861
the distribution of the proceeds.	7862

Sec. 2127.37. ~~When~~If an action to sell real ~~estate~~property	7863
is prosecuted by an executor or administrator he, the executor or	7864
administrator shall be allowed the compensation provided by law,	7865
by the probate court from which ~~his~~the executor's or	7866
administrator's letters issued. ~~When such~~If that action is by a	7867
guardian, ~~his~~the guardian's duties and obligations ~~therein~~in the	7868
action shall be considered by the court appointing ~~him~~the	7869
guardian in awarding ~~such~~the compensation asthat the court ~~deems~~	7870
considers reasonable.	7871

Sec. 2127.38. The sale price of real ~~estate~~property sold	7872
following an action by an executor, administrator, or guardian	7873
shall be applied and distributed as follows:	7874

(A) To discharge the costs and expenses of the sale,	7875
including reasonable fees to be fixed by the probate court for	7876
services performed by attorneys for the fiduciary in connection	7877
with the sale, and compensation, if any, to the fiduciary for ~~his~~	7878
services in connection with the sale as the court may fix, which	7879
costs, expenses, fees, and compensation shall be paid prior to any	7880
liens upon the real ~~estate~~property sold and notwithstanding the	7881
purchase of the real ~~estate~~property by a lien holder;	7882

(B) To the payment of taxes, interest, penalties, and	7883
assessments then due against the real ~~estate~~property, and to the	7884
payment of mortgages and judgments against the ward or deceased	7885
person, according to their respective priorities of lien, so far	7886
as they operated as a lien on the real ~~estate~~property of the	7887
deceased at the time of the sale, or on the estate of the ward at	7888
the time of the sale, ~~which~~that shall be apportioned and	7889
determined by the court, or on reference to a master, or	7890
otherwise;	7891

(C)(1) In the case of an executor or administrator, the	7892
remaining proceeds of sale shall be applied as follows:	7893

~~(1)~~(a) To the payment of legacies with which the real ~~estate~~	7894
property of the deceased was charged, if the action is to sell	7895
real ~~estate~~property to pay legacies;	7896

~~(2)~~(b) To discharge the claims and debts of the estate in the	7897
order provided by law.	7898

(2) Whether the executor or administrator was appointed in	7899
this state or elsewhere, the surplus of the proceeds of sale ~~must~~	7900
shall be considered for all purposes as real ~~estate~~property, and	7901
be disposed of accordingly.	7902

Sec. 2127.39. ~~When~~If an action to sell real ~~estate~~property	7903
is brought by an executor or administrator with the will annexed,	7904
if in the ~~last~~ will of the deceased there is a disposition of ~~his~~	7905
the decedent's estate for the payment of debts, or a provision	7906
that may require or induce the probate court to marshal the assets	7907
differently from the way the law otherwise would prescribe, ~~such~~	7908
those devises, or parts of the will, shall be set forth in the	7909
complaint, and a copy of the will exhibited to the court,	7910
whereupon the court shall marshal the proceeds of the sale	7911
accordingly, so far as it can be done consistently with the rights	7912
of creditors.	7913

Sec. 2127.40. When an action is brought by an executor or	7914
administrator to sell real ~~estate~~property to pay debts, the real	7915
~~estate~~property subject to sale shall include all rights and	7916
interests in ~~lands, tenements, and hereditaments~~real property	7917
transferred by the decedent in ~~his~~the decedent's lifetime with	7918
intent to defraud ~~his~~the decedent's creditors, except that ~~lands~~	7919
real property fraudulently transferred cannot be taken from any	7920
person who purchased them for a valuable consideration, in good	7921
faith, and without knowledge of the fraud. No claim to ~~such lands~~	7922
that real property shall be made unless within four years next	7923
after the decease of the grantor.	7924

If real ~~estate~~property fraudulently transferred is to be	7925
included in ~~such an~~that action, the executor or administrator,	7926
either before or at the same time, may commence a civil action in	7927
the court of common pleas in the county in which the real ~~estate~~	7928
property is situated to recover possession of it, or, in ~~his~~the	7929
action for its sale, hethe executor or administrator may allege	7930
the fraud and have the fraudulent transfer avoided. But when the	7931
real ~~estate~~property is included in the complaint before the	7932
recovery of possession by the executor or administrator, the	7933
action shall be brought in the court of common pleas in the county	7934
in which the real ~~estate~~property is situated.	7935

Sec. 2127.41. If, after the institution of proceedings for	7936
the partition of the real property of a decedent, it is found that	7937
the assets in the ~~hands~~possession or under the control of the	7938
executor or administrator probably are insufficient to pay the	7939
debts of the estate, together with the allowance for support of	7940
the surviving spouse, minor children, or surviving spouse and	7941
minor children as provided in section 2106.13 of the Revised Code,	7942
the expenses of administration, and the legacies that are a charge	7943
upon the real property, the executor or administrator shall make a	7944
written statement to the probate court of the assets,	7945
indebtedness, expenses, and legacies, and the court forthwith	7946
shall ascertain the amount necessary to pay the debts, expenses,	7947
and legacies and give a certificate of the amount to the executor	7948
or administrator.	7949

The executor or administrator then shall present the	7950
certificate to the court in which the proceedings for partition	7951
are or have been pending, and, on ~~his~~the motion of the executor	7952
or administrator, the court shall order the amount named in the	7953
certificate to be paid over to the executor or administrator out	7954
of the proceeds of the sale of the premises, if thereafter they	7955
are sold or already have been sold. This section does not prohibit	7956
an executor or administrator from proceeding to sell real property	7957
belonging to the estate for the payment of debts or legacies,	7958
although it has been sold on partition or otherwise, or the	7959
proceeds of the sale have been fully distributed.	7960

Sec. 2127.42. Wards living out of this state and owning	7961
~~lands~~real property within it are entitled to the benefit of	7962
sections 2127.01 to 2127.43 of the Revised Code. Complaints for	7963
the sale of real ~~estate~~property by guardians of ~~such~~those wards	7964
shall be filed in the county in which the ~~land~~real property is	7965
situated, or if situated in two or more counties, then in one of	7966
the counties in which a part of it is situated. Additional	7967
security shall be required from ~~such~~the guardians, ~~when deemed~~if	7968
considered necessary by the probate court of the county in which	7969
the complaints are filed.	7970

Sec. 2127.43. Chapter 2127. of the Revised Code extends to	7971
an action brought by the trustee of a nonresident minor or	7972
mentally ill or deficient person to sell the real ~~estate~~property	7973
of the ward.	7974

Sec. 2129.02. ~~When~~If letters of administration or letters	7975
testamentary have been granted in any state other than this state,	7976
in any territory or possession of the United States, or in any	7977
foreign country, as to the estate of a deceased resident of that	7978
state, territory, possession, or country, and ~~when~~if no ancillary	7979
administration proceedings have been commenced in this state, the	7980
person to whom the letters of appointment were granted may file an	7981
authenticated copy of them in the probate court of any county of	7982
this state in which is located real ~~estate~~property of the	7983
decedent.	7984

The claim of any creditor of ~~such a~~that decedent shall be	7985
subject to section 2117.06 of the Revised Code. The person filing	7986
~~such~~those letters in the probate court may accelerate the bar	7987
against claims against the estate established by that section, by	7988
giving written notice to a potential claimant that identifies the	7989
decedent by name, states the date of the death of the decedent,	7990
identifies the court, states its mailing address, and informs the	7991
potential claimant that any claims hethe potential claimant may	7992
have against the estate are required to be presented to the court	7993
within the earlier of thirty days after receipt of the notice by	7994
the potential claimant or ~~one year~~six months after the date of	7995
the death of the decedent. A claim of that potential claimant	7996
that is not presented to the court within the earlier of thirty	7997
days after receipt of the notice by the potential claimant or ~~one~~	7998
~~year~~six months after the date of the death of the decedent is	7999
forever barred as a possible lien upon the real ~~estate~~property	8000
of the decedent in this state. If, at the expiration of that	8001
period, any such claim has been filed and remains unpaid after	8002
reasonable notice of the claim to the nonresident executor or	8003
administrator, ancillary administration proceedings as to the	8004
estate may be had forthwith.	8005

Sec. 2129.05. Authenticated copies of wills, executed and	8006
proved according to the laws of any state or territory of the	8007
United States, relative to property in this state, may be admitted	8008
to record in the probate court of a county where a part of ~~such~~	8009
that property is situated. ~~Such~~The authenticated copies, so	8010
recorded, shall be as valid as wills made in this state.	8011

When such a will, or authenticated copy, is admitted to	8012
record, a copy ~~thereof~~of the will or of the authenticated copy,	8013
with the copy of the order to record it annexed ~~thereto~~to that	8014
copy, certified by the probate judge under the seal of ~~his~~the	8015
probate court, may be filed and recorded in the office of the	8016
probate judge of any other county where a part of ~~such~~the	8017
property is situated, and it shall be as effectual as the	8018
authenticated copy of ~~such~~the will would be if approved and	8019
admitted to record by the court.	8020

Sec. 2129.08. (A) After an authenticated copy of the will of	8021
a nonresident decedent has been allowed and admitted to record as	8022
provided in this chapter, and after there has been filed in the	8023
probate court a complete exemplification of the record of the	8024
grant of the domiciliary letters of appointment and of any other	8025
records of the court of domiciliary administration that the court	8026
requires, the court shall appoint as the ancillary administrator	8027
the person named in the will, or nominated in accordance with any	8028
power of nomination conferred in the will, as general executor of	8029
the decedent's estate or as executor of the portion of the	8030
decedent's estate located in this state, provided that the person	8031
makes application and qualifies under division (B)(2) of section	8032
2109.21 of the Revised Code and in all other respects as required	8033
by law. If the testator in the will naming or providing for the	8034
nomination of that executor orders or requests that bond not be	8035
given by ~~him~~that executor, bond shall not be required unless, for	8036
sufficient reason, the court requires it.	8037

(B) If a nonresident decedent died intestate, or failed to	8038
designate in ~~his~~the nonresident decedent's will any person	8039
qualified to act as ancillary administrator or to confer in the	8040
will a power to nominate a person as an executor as described in	8041
division (A) of this section, or if the will of a nonresident	8042
decedent conferred ~~such a~~that power but no person qualified to	8043
act as ancillary administrator was nominated, the court shall	8044
appoint in ~~such~~that capacity ~~some~~a suitable person who is a	8045
resident of the county including, but not limited to, a creditor	8046
of the estate.	8047

(C) An ancillary administrator, acting as to the estate of a	8048
testate decedent that is located in this state, may sell and	8049
convey the real and personal property by virtue of the will as	8050
executors or administrators with the will annexed may do.	8051

(D) No person shall be appointed as an ancillary	8052
administrator of the estate of a nonresident presumed decedent	8053
that is located in this state, except after Chapter 2121. of the	8054
Revised Code, relative to the appointment of an ancillary	8055
administrator, has been complied with.	8056

Sec. 2129.11. If no domiciliary administration has been	8057
commenced, the ancillary administrator shall proceed with the	8058
administration in ~~Ohio~~this state as though the decedent had been	8059
a resident of ~~Ohio~~this state at the time of ~~his~~the decedent's	8060
death.	8061

Sec. 2129.13. If an ancillary administrator finds that the	8062
personal property of the nonresident decedent in ~~Ohio~~this state	8063
is not sufficient to pay the expenses of administration, public	8064
rates and taxes, and other valid claims ~~which~~that have been	8065
presented, hethe ancillary administrator shall proceed to sell as	8066
much of the real ~~estate~~property of the decedent located in this	8067
state asthat is necessary to pay ~~such~~those debts. The procedure	8068
shall be the same as in sales of real ~~estate~~property in	8069
administration proceedings relating to the estates of resident	8070
decedents under sections 2127.01 to 2127.43~~, inclusive,~~ of the	8071
Revised Code.	8072

Sec. 2129.14. A domiciliary executor or administrator of a	8073
nonresident decedent may file in the probate court by which the	8074
ancillary administrator was appointed information showing that it	8075
will be necessary to sell ~~Ohio~~ real ~~estate~~property of the	8076
decedent located in this state to pay debts and legacies, and the	8077
court may thereupon authorize the ancillary administrator to sell	8078
~~such~~any part or all of ~~such~~the real ~~estate as~~property that is	8079
necessary. The ancillary administrator shall proceed to sell ~~such~~	8080
the real ~~estate~~property in the manner provided by section 2129.13	8081
of the Revised Code.	8082

Sec. 2129.15. Within five months after ~~his~~ appointment, the	8083
ancillary administrator of a nonresident decedent shall forward to	8084
the domiciliary administrator, if any, of ~~such~~the decedent, if	8085
the name and address of ~~such~~the domiciliary administrator are	8086
known, a certificate showing all assets of the estate in this	8087
state and all debts and liabilities including estimated expenses	8088
of administration. If the name and address of ~~such~~the domiciliary	8089
administrator are not known, ~~such~~the certificate shall be	8090
forwarded to the next of kin of the deceased whose names and	8091
addresses are known and to the court having jurisdiction in estate	8092
matters in the county in which the decedent resided at the time of	8093
~~his~~ death.	8094

Sec. 2129.17. An ancillary administrator shall file in the	8095
probate court of every county in ~~Ohio~~this state in which real	8096
~~estate~~property of the nonresident decedent is located a certified	8097
copy of the records in the court of ~~his~~the ancillary	8098
administrator's appointment ~~which~~that affect the title to ~~such~~	8099
that real ~~estate~~property.	8100

Sec. 2129.18. Whenever property of a nonresident decedent as	8101
to whose estate ancillary administration proceedings are being had	8102
in ~~Ohio~~this state passes by the laws of intestate succession or	8103
under a will to a beneficiary not named ~~therein~~in the will,	8104
proceedings may be had to determine the persons entitled to ~~such~~	8105
that property in the same manner as in the estates of resident	8106
decedents under sections 2123.01 to 2123.07~~, inclusive,~~ of the	8107
Revised Code. The ancillary administrator shall file a certified	8108
copy of ~~such~~the finding in the probate court in every county in	8109
~~Ohio~~this state in which real ~~estate~~property of the decedent is	8110
located. ~~Such~~The administrator shall procure and file in the	8111
court for the information of the court a certified copy of any	8112
determination of heirship relative to ~~such~~the decedent's estate	8113
made in the state of the domiciliary administration.	8114

Sec. 2129.19. Prior to filing ~~his~~the ancillary	8115
administrator's final account, an ancillary administrator shall	8116
file in the probate court an application for a certificate of	8117
transfer as to the real ~~estate~~property of the nonresident	8118
decedent situated in ~~Ohio~~this state, in the same manner as in the	8119
administration of the estates of resident decedents under section	8120
2113.61 of the Revised Code.	8121

Sec. 2129.23. When the expense of the ancillary	8122
administration of a nonresident decedent's estate, including ~~such~~	8123
any attorney's fee asthat is allowed by the probate court, all	8124
public charges and taxes, and all claims of creditors presented as	8125
provided in section 2129.12 of the Revised Code, have been paid,	8126
any residue of the personal ~~estate~~property and the proceeds of	8127
any real ~~estate~~property sold for the payment of debts shall be	8128
distributed by the ancillary administrator as follows:	8129

(A) With the approval of the court ~~such~~, the residue may be	8130
delivered to the domiciliary administrator or executor.	8131

(B) If the court so orders, ~~such~~the residue shall be	8132
delivered to the persons entitled ~~thereto~~to it.	8133

Sec. 2129.25. When an executor or administrator is appointed	8134
in any other state, territory, or foreign country for the estate	8135
of a person dying out of this state, and no executor or	8136
administrator ~~thereon~~for the estate is appointed in this state,	8137
the foreign executor or administrator may file an authenticated	8138
copy of ~~his~~the foreign executor's or administrator's appointment	8139
in the probate court of any county in which there is real ~~estate~~	8140
property of the deceased, together with an authenticated copy of	8141
the will. After filing ~~such~~those copies, hethe foreign executor	8142
or administrator may be authorized, under an order of the court,	8143
to sell real ~~estate~~property for the payment of debts or legacies	8144
and charges of administration, in the manner prescribed in	8145
sections 2127.01 to 2127.43~~, inclusive,~~ of the Revised Code.	8146

Sec. 2129.26. ~~When~~If it appears to the probate court	8147
granting the order of sale set forth in section 2129.25 of the	8148
Revised Code that the foreign executor or administrator is bound	8149
with sufficient surety in the state or country in which hethe	8150
foreign executor or administrator was appointed to account for the	8151
proceeds of ~~such~~the sale, for the payment of debts or legacies,	8152
and for charges of administration, and an authenticated copy of	8153
~~such~~the bond is filed in court, no further bond for that purpose	8154
shall be required of ~~him~~the foreign executor or administrator.	8155
~~When~~If the court finds that ~~such~~the bond is insufficient, before	8156
making ~~such~~the sale, ~~such~~the foreign executor or administrator	8157
~~must~~shall give bond to this state with two or more sufficient	8158
sureties, conditioned to account for and dispose of ~~such~~the	8159
proceeds of the sale for the payment of the debts or legacies of	8160
the deceased and the charges of administration according to the	8161
laws of the state or country in which hethe foreign executor or	8162
administrator was appointed.	8163

~~When such~~If the foreign executor or administrator is	8164
authorized by order of the court to sell more than is necessary	8165
for the payment of debts, legacies, and charges of administration,	8166
before making the sale, hethe foreign executor or administrator	8167
shall give bond with two or more sufficient sureties to this	8168
state, conditioned to account before the court for all the	8169
proceeds of the sale that remain and to dispose of ~~such~~the	8170
proceeds after payment of ~~such~~the debts, legacies, and charges.	8171

Sec. 2129.28. If a trustee is named in a foreign will ~~which~~	8172
that creates a trust relating to ~~lands~~real property situated in	8173
this state, ~~such~~the trustee may execute the trust upon giving	8174
bond to the state in ~~such~~the sum and with ~~such~~the sureties as	8175
that the probate court of the county in which ~~such lands~~the real	8176
property or a part ~~thereof are~~of the real property is situated	8177
approves, conditioned to discharge with fidelity the trust reposed	8178
in ~~him~~the trustee. If the testator in the will naming the trustee	8179
orders or requests that bond be not be given by ~~him~~the trustee,	8180
bond shall not be required, unless for sufficient cause the court	8181
requires it.	8182

Sec. 2129.29. If a trustee has been appointed under a	8183
foreign will ~~which~~that creates a trust relating to ~~lands~~real	8184
property situated in this state by a foreign court according to	8185
the laws of the foreign jurisdiction, hethe trustee may execute	8186
the trust upon giving bond as provided in section 2129.28 of the	8187
Revised Code, and after satisfying the probate court of the county	8188
in which ~~such lands~~the real property or a part of ~~them are~~it is	8189
situated, by an authenticated record of ~~his~~ appointment, that he	8190
the person or entity has been appointed trustee to execute the	8191
trust.	8192

Sec. 2129.30. ~~When~~If necessary, the probate court of the	8193
county where the property affected by the trust is situated, on	8194
application by petition of the parties interested, may appoint a	8195
trustee to carry into effect a trust created by a foreign will.	8196
~~Such~~The trustee, before entering upon ~~his~~the trust, ~~must~~shall	8197
give bond with ~~such~~the security and in ~~such~~the amount asthat	8198
the court directs.	8199

Sec. 2131.08. (A) Subject to sections 1746.14, 1747.09, and	8200
2131.09 of the Revised Code, no interest in real or personal	8201
property shall be good unless it must vest, if at all, not later	8202
than twenty-one years after a life or lives in being at the	8203
creation of the interest. All estates given in tail, by deed or	8204
will, in ~~lands or tenements~~real property lying within this state	8205
shall be and remain an absolute estate in fee simple to the issue	8206
of the first donee in tail. It is the intention by the adoption of	8207
this section to make effective in this state what is generally	8208
known as the common law rule against perpetuities, except as set	8209
forth in divisions (B) and (C) of this section.	8210

(B) For the purposes of this section and subject to sections	8211
1746.14, 1747.09, and 2131.09 of the Revised Code, the time of the	8212
creation of an interest in real or personal property subject to a	8213
power reserved by the grantor to revoke or terminate the interest	8214
shall be the time at which the reserved power expires by reason of	8215
the death of the grantor, by release of the power, or otherwise.	8216

(C) Any interest in real or personal property that would	8217
violate the rule against perpetuities, under division (A) of this	8218
section, shall be reformed, within the limits of the rule, to	8219
approximate most closely the intention of the creator of the	8220
interest. In determining whether an interest would violate the	8221
rule and in reforming an interest, the period of perpetuities	8222
shall be measured by actual rather than possible events.	8223

(D) Divisions (B) and (C) of this section shall be effective	8224
with respect to interests in real or personal property created by	8225
wills of decedents dying after December 31, 1967, with respect to	8226
interests in real or personal property created by inter vivos	8227
instruments executed after December 31, 1967, and with respect to	8228
interests in real or personal property created by inter vivos	8229
instruments executed on or before December 31, 1967, that by	8230
reason of division (B) of this section will be treated as	8231
interests created after December 31, 1967. Divisions (B) and (C)	8232
of this section shall be effective with respect to interests in	8233
real or personal property created by the exercise of a power of	8234
appointment if divisions (B) and (C) of this section apply to the	8235
instrument that exercises the power, whether or not divisions (B)	8236
and (C) of this section apply to the instrument that creates the	8237
power.	8238

Sec. 2131.11. ~~When~~If an investment share certificate, share	8239
account, deposit, or stock deposit is made, in any bank, building	8240
and loan or savings and loan association, credit union, or society	8241
for savings, payable to the owner during ~~his~~the owner's lifetime,	8242
and to another on ~~his~~the owner's death, ~~such~~the investment share	8243
certificate, share account, deposit, or stock deposit or, any part	8244
~~thereof~~of that certificate, account, or deposit, or any interest	8245
or dividend ~~thereon~~on the certificate, account, or deposit, may	8246
be paid to the owner during ~~his~~the owner's lifetime, and on ~~his~~	8247
the owner's death ~~such~~the investment share certificate, share	8248
account, deposit, or stock deposit or, any part ~~thereof~~of that	8249
certificate, account, or deposit, or any interest or dividend	8250
~~thereon~~on the certificate, account, or deposit, may be paid to	8251
the designated beneficiary, and the receipt of acquittance of the	8252
person paid is a sufficient release and discharge of the bank,	8253
building and loan or savings and loan association, credit union,	8254
or society for savings for any payment so made.	8255

Sec. 2133.04. (A) A declarant may revoke a declaration at	8256
any time and in any manner. The revocation shall be effective when	8257
the declarant expresses ~~his~~an intention to revoke the	8258
declaration, except that, if the declarant made ~~his~~the	8259
declarant's attending physician aware of the declaration, the	8260
revocation shall be effective upon its communication to the	8261
attending physician of the declarant by the declarant ~~himself~~, a	8262
witness to the revocation, or other health care personnel to whom	8263
the revocation is communicated by ~~such a~~that witness. Absent	8264
actual knowledge to the contrary, the attending physician of a	8265
declarant and other health care personnel who are informed of the	8266
revocation of a declaration by an alleged witness may rely on the	8267
information and act in accordance with the revocation.	8268

(B) Upon the communication as described in division (A) of	8269
this section to the attending physician of a declarant of the fact	8270
that ~~his~~the declaration has been revoked, the attending physician	8271
or other health care personnel acting under the direction of the	8272
attending physician shall make the fact a part of the declarant's	8273
medical record.	8274

Sec. 2133.05. (A) If the attending physician of a declarant	8275
and one other physician who examines the declarant determine that	8276
hethe declarant is in a terminal condition or in a permanently	8277
unconscious state, whichever is addressed in the declaration, if	8278
the attending physician additionally determines that the declarant	8279
no longer is able to make informed decisions regarding the	8280
administration of life-sustaining treatment for ~~himself~~the	8281
declarant and that there is no reasonable possibility that the	8282
declarant will regain the capacity to make those informed	8283
decisions for ~~himself~~the declarant, and if the attending	8284
physician is aware of the existence of the declarant's	8285
declaration, then the attending physician shall do all of the	8286
following:	8287

(1) Record the determinations, together with the terms of the	8288
declaration or any copy of the declaration acquired as described	8289
in division (C) of section 2133.02 of the Revised Code, in the	8290
declarant's medical record;	8291

(2)(a) Make a good faith effort, and use reasonable	8292
diligence, to notify either of the following of the	8293
determinations:	8294

(i) If the declarant designated in ~~his~~the declarant's	8295
declaration one or more persons to be notified at any time that	8296
life-sustaining treatment would be withheld or withdrawn pursuant	8297
to the declaration, that person or those persons;	8298

(ii) If division (A)(2)(a)(i) of this section is not	8299
applicable, the appropriate individual or individuals, in	8300
accordance with the following descending order of priority: if	8301
any, the guardian of the declarant, but this division does not	8302
permit or require, and shall not be construed as permitting or	8303
requiring, the appointment of a guardian for the declarant; the	8304
declarant's spouse; the declarant's adult children who are	8305
available within a reasonable period of time for consultation with	8306
the declarant's attending physician; the declarant's parents; or	8307
an adult sibling of the declarant or, if there is more than one	8308
adult sibling, a majority of the declarant's adult siblings who	8309
are available within a reasonable period of time for ~~such~~the	8310
consultation.	8311

(b) The attending physician shall record in the declarant's	8312
medical record the names of the individual or individuals notified	8313
pursuant to division (A)(2)(a) of this section and the manner of	8314
notification.	8315

(c) If, despite making a good faith effort, and despite using	8316
reasonable diligence, to notify the appropriate individual or	8317
individuals described in division (A)(2)(a) of this section, the	8318
attending physician cannot notify the individual or individuals of	8319
the determinations because the individual or individuals are	8320
deceased, cannot be located, or cannot be notified for some other	8321
reason, then the requirements of divisions (A)(2)(a) and (b) and	8322
(3) of this section and, except as provided in division (B)(1)(b)	8323
of this section, the provisions of division (B) of this section	8324
shall not apply in connection with the declarant and ~~his~~the	8325
declarant's declaration. However, the attending physician shall	8326
record in the declarant's medical record information pertaining to	8327
the reason for the failure to provide the requisite notices and	8328
information pertaining to the nature of the good faith effort and	8329
reasonable diligence used.	8330

(3) Afford time for the individual or individuals notified in	8331
accordance with division (A)(2) of this section to object in the	8332
manner described in division (B)(1)(a) of this section.	8333

(B)(1)(a) Within forty-eight hours after receipt of a notice	8334
pursuant to division (A)(2) of this section, any individual so	8335
notified shall advise the attending physician of the declarant	8336
whether hethe individual objects on a basis specified in division	8337
(B)(2)(c) of this section. If an objection as described in that	8338
division is communicated to the attending physician, then, within	8339
two business days after the communication, the individual shall	8340
file a complaint as described in division (B)(2) of this section	8341
in the probate court of the county in which the declarant is	8342
located. If the individual fails to so file a complaint, ~~his~~the	8343
individual's objections as described in division (B)(2)(c) of this	8344
section shall be considered to be void.	8345

(b) Within forty-eight hours after a person described in	8346
division (A)(2)(a)(i) of this section or a priority individual or	8347
any member of a priority class of individuals described in	8348
division (A)(2)(a)(ii) of this section receives a notice pursuant	8349
to division (A)(2) of this section or within forty-eight hours	8350
after information pertaining to an unnotified person described in	8351
division (A)(2)(a)(i) of this section or an unnotified priority	8352
individual or unnotified priority class of individuals described	8353
in division (A)(2)(a)(ii) of this section is recorded in a	8354
declarant's medical record pursuant to division (A)(2)(c) of this	8355
section, either of the following shall advise the attending	8356
physician of the declarant whether ~~he or they object~~there is an	8357
objection on a basis specified in division (B)(2)(c) of this	8358
section:	8359

(i) If a person described in division (A)(2)(a)(i) of this	8360
section was notified pursuant to division (A)(2) of this section	8361
or was the subject of a recordation under division (A)(2)(c) of	8362
this section, then the objection shall be communicated by the	8363
individual or a majority of the individuals in either of the first	8364
two classes of individuals that pertain to the declarant in the	8365
descending order of priority set forth in division (A)(2)(a)(ii)	8366
of this section.	8367

(ii) If an individual or individuals in the descending order	8368
of priority set forth in division (A)(2)(a)(ii) of this section	8369
were notified pursuant to division (A)(2) of this section or were	8370
the subject of a recordation under division (A)(2)(c) of this	8371
section, then the objection shall be communicated by the	8372
individual or a majority of the individuals in the next class of	8373
individuals that pertains to the declarant in the descending order	8374
of priority set forth in division (A)(2)(a)(ii) of this section.	8375

If an objection as described in division (B)(2)(c) of this	8376
section is communicated to the attending physician in accordance	8377
with division (B)(1)(b)(i) or (ii) of this section, then, within	8378
two business days after the communication, the objecting	8379
individual or majority shall file a complaint as described in	8380
division (B)(2) of this section in the probate court of the county	8381
in which the declarant is located. If the objecting individual or	8382
majority fails to file a complaint, ~~his or their~~the objections as	8383
described in division (B)(2)(c) of this section shall be	8384
considered to be void.	8385

(2) A complaint of an individual that is filed in accordance	8386
with division (B)(1)(a) of this section or of an individual or	8387
majority of individuals that is filed in accordance with division	8388
(B)(1)(b) of this section shall satisfy all of the following:	8389

(a) Name any health care facility in which the declarant is	8390
confined;	8391

(b) Name the declarant, ~~his~~the declarant's attending	8392
physician, and the consulting physician associated with the	8393
determination that the declarant is in a terminal condition or in	8394
a permanently unconscious state, whichever is addressed in the	8395
declaration;	8396

(c) Indicate whether the plaintiff or plaintiffs object on	8397
one or more of the following bases:	8398

(i) To the attending physician's and consulting physician's	8399
determinations that the declarant is in a terminal condition or in	8400
a permanently unconscious state, whichever is addressed in the	8401
declaration;	8402

(ii) To the attending physician's determination that the	8403
declarant no longer is able to make informed decisions regarding	8404
the administration of life-sustaining treatment;	8405

(iii) To the attending physician's determination that there	8406
is no reasonable possibility that the declarant will regain the	8407
capacity to make informed decisions regarding the administration	8408
of life-sustaining treatment;	8409

(iv) That the course of action proposed to be undertaken by	8410
the attending physician is not authorized by the declarant's	8411
declaration;	8412

(v) That the declaration was executed when the declarant was	8413
not of sound mind or was under or subject to duress, fraud, or	8414
undue influence;	8415

(vi) That the declaration otherwise does not substantially	8416
comply with this chapter.	8417

(d) Request the probate court to issue one of the following	8418
types of orders:	8419

(i) An order to the attending physician to reevaluate, in	8420
light of the court proceedings, the determination that the	8421
declarant is in a terminal condition or in a permanently	8422
unconscious state, whichever is addressed in the declaration, the	8423
determination that the declarant no longer is able to make	8424
informed decisions regarding the administration of life-sustaining	8425
treatment, the determination that there is no reasonable	8426
possibility that the declarant will regain the capacity to make	8427
those informed decisions, or the course of action proposed to be	8428
undertaken;	8429

(ii) An order invalidating the declaration because it was	8430
executed when the declarant was not of sound mind or was under or	8431
subject to duress, fraud, or undue influence, or because it	8432
otherwise does not substantially comply with this chapter;	8433

(e) Be accompanied by an affidavit of the plaintiff or	8434
plaintiffs that includes averments relative to whether hethe	8435
plaintiff is an individual or ~~they~~the plaintiffs are individuals	8436
as described in division (A)(2)(a)(i) or (ii) of this section and	8437
to the factual basis for ~~his~~the plaintiff's or ~~their~~the	8438
plaintiffs' objections;	8439

(f) Name any individuals who were notified by the attending	8440
physician in accordance with division (A)(2)(a) of this section	8441
and who are not joining in the complaint as plaintiffs;	8442

(g) Name, in the caption of the complaint, as defendants the	8443
attending physician of the declarant, the consulting physician	8444
associated with the determination that the declarant is in a	8445
terminal condition or in a permanently unconscious state,	8446
whichever is addressed in the declaration, any health care	8447
facility in which the declarant is confined, and any individuals	8448
who were notified by the attending physician in accordance with	8449
division (A)(2)(a) of this section and who are not joining in the	8450
complaint as plaintiffs.	8451

(3) Notwithstanding any contrary provision of the Revised	8452
Code or of the Rules of Civil Procedure, the state and persons	8453
other than an objecting individual as described in division	8454
(B)(1)(a) of this section, other than an objecting individual or	8455
majority of individuals as described in division (B)(2)(b)(i) or	8456
(ii) of this section, and other than persons described in division	8457
(B)(2)(g) of this section are prohibited from commencing a civil	8458
action under this section and from joining or being joined as	8459
parties to an action commenced under this section, including	8460
joining by way of intervention.	8461

(4)(a) A probate court in which a complaint as described in	8462
division (B)(2) of this section is filed within the period	8463
specified in division (B)(1)(a) or (b) of this section shall	8464
conduct a hearing on the complaint after a copy of the complaint	8465
and a notice of the hearing have been served upon the defendants.	8466
The clerk of the probate court in which the complaint is filed	8467
shall cause the complaint and the notice of the hearing to be so	8468
served in accordance with the Rules of Civil Procedure, which	8469
service shall be made, if possible, within three days after the	8470
filing of the complaint. The hearing shall be conducted at the	8471
earliest possible time, but no later than the third business day	8472
after ~~such~~the service has been completed. Immediately following	8473
the hearing, the court shall enter on its journal its	8474
determination whether a requested order will be issued.	8475

(b) If the declarant's declaration authorized the use or	8476
continuation of life-sustaining treatment should hethe declarant	8477
be in a terminal condition or in a permanently unconscious state	8478
and if the plaintiff or plaintiffs requested a reevaluation order	8479
to the attending physician of the declarant as described in	8480
division (B)(2)(d)(i) of this section, the court shall issue the	8481
reevaluation order only if it finds that the plaintiff or	8482
plaintiffs have established a factual basis for the objection or	8483
objections involved by clear and convincing evidence, to a	8484
reasonable degree of medical certainty, and in accordance with	8485
reasonable medical standards.	8486

(c) If the declarant's declaration authorized the withholding	8487
or withdrawal of life-sustaining treatment should hethe declarant	8488
be in a terminal condition or in a permanently unconscious state	8489
and if the plaintiff or plaintiffs requested a reevaluation order	8490
to the attending physician of the declarant as described in	8491
division (B)(2)(d)(i) of this section, the court shall issue the	8492
reevaluation order only if it finds that the plaintiff or	8493
plaintiffs have established a factual basis for the objection or	8494
objections involved by a preponderance of the evidence, to a	8495
reasonable degree of medical certainty, and in accordance with	8496
reasonable medical standards.	8497

(d) If the plaintiff or plaintiffs requested an invalidation	8498
order as described in division (B)(2)(d)(ii) of this section, the	8499
court shall issue the order only if it finds that the plaintiff or	8500
plaintiffs have established a factual basis for the objection or	8501
objections involved by clear and convincing evidence.	8502

(e) If the court issues a reevaluation order to the	8503
declarant's attending physician pursuant to division (B)(4)(b) or	8504
(c) of this section, then the attending physician shall make the	8505
requisite reevaluation. If, after doing so, the attending	8506
physician again determines that the declarant is in a terminal	8507
condition or in a permanently unconscious state, that the	8508
declarant no longer is able to make informed decisions regarding	8509
the administration of life-sustaining treatment, that there is no	8510
reasonable possibility that the declarant will regain the capacity	8511
to make those informed decisions, or that hethe attending	8512
physician would undertake the same proposed course of action, then	8513
hethe attending physician shall notify the court in writing of	8514
the determination and comply with the provisions of section	8515
2133.10 of the Revised Code.	8516

Sec. 2133.06. (A) As long as a qualified patient is able to	8517
make informed decisions regarding the administration of	8518
life-sustaining treatment, hethe qualified patient may continue	8519
to do so.	8520

(B) Life-sustaining treatment shall not be withheld or	8521
withdrawn from a declarant pursuant to a declaration if ~~she~~the	8522
declarant is pregnant and if the withholding or withdrawal of the	8523
treatment would terminate the pregnancy, unless the declarant's	8524
attending physician and one other physician who has examined the	8525
declarant determine, to a reasonable degree of medical certainty	8526
and in accordance with reasonable medical standards, that the	8527
fetus would not be born alive.	8528

Sec. 2133.08. (A)(1) If written consent to the withholding	8529
or withdrawal of life-sustaining treatment, witnessed by two	8530
individuals who satisfy the witness eligibility criteria set forth	8531
in division (B)(1) of section 2133.02 of the Revised Code, is	8532
given by the appropriate individual or individuals as specified in	8533
division (B) of this section to the attending physician of a	8534
patient who is an adult, and if all of the following apply in	8535
connection with the patient, then, subject to section 2133.09 of	8536
the Revised Code, ~~his~~the patient's attending physician may	8537
withhold or withdraw the life-sustaining treatment:	8538

(a) The attending physician and one other physician who	8539
examines the patient determine, in good faith, to a reasonable	8540
degree of medical certainty, and in accordance with reasonable	8541
medical standards, that the patient is in a terminal condition or	8542
the patient currently is and for at least the immediately	8543
preceding twelve months has been in a permanently unconscious	8544
state, and the attending physician additionally determines, in	8545
good faith, to a reasonable degree of medical certainty, and in	8546
accordance with reasonable medical standards, that the patient no	8547
longer is able to make informed decisions regarding the	8548
administration of life-sustaining treatment and that there is no	8549
reasonable possibility that the patient will regain the capacity	8550
to make those informed decisions.	8551

(b) The patient does not have a declaration that addresses	8552
~~his~~the patient's intent should hethe patient be determined to be	8553
in a terminal condition or in a permanently unconscious state,	8554
whichever applies, or a durable power of attorney for health care,	8555
or has a document that purports to be such a declaration or	8556
durable power of attorney for health care but that document is not	8557
legally effective.	8558

(c) The consent of the appropriate individual or individuals	8559
is given after consultation with the patient's attending physician	8560
and after receipt of information from the patient's attending	8561
physician or a consulting physician that is sufficient to satisfy	8562
the requirements of informed consent.	8563

(d) The appropriate individual or individuals who give a	8564
consent are of sound mind and voluntarily give the consent.	8565

(e) If a consent would be given under division (B)(3) of this	8566
section, the attending physician made a good faith effort, and	8567
used reasonable diligence, to notify the patient's adult children	8568
who are available within a reasonable period of time for	8569
consultation as described in division (A)(1)(c) of this section.	8570

(2) The consulting physician under division (A)(1)(a) of this	8571
section associated with a patient allegedly in a permanently	8572
unconscious state shall be a physician who, by virtue of advanced	8573
education or training, of a practice limited to particular	8574
diseases, illnesses, injuries, therapies, or branches of medicine	8575
or surgery or osteopathic medicine and surgery, of certification	8576
as a specialist in a particular branch of medicine or surgery or	8577
osteopathic medicine and surgery, or of experience acquired in the	8578
practice of medicine or surgery or osteopathic medicine and	8579
surgery, is qualified to determine whether the patient currently	8580
is and for at least the immediately preceding twelve months has	8581
been in a permanently unconscious state.	8582

(B) For purposes of division (A) of this section, a consent	8583
to withhold or withdraw life-sustaining treatment may be given by	8584
the appropriate individual or individuals, in accordance with the	8585
following descending order of priority:	8586

(1) If any, the guardian of the patient. This division does	8587
not permit or require, and shall not be construed as permitting or	8588
requiring, the appointment of a guardian for the patient.	8589

(2) The patient's spouse;

8590

(3) An adult child of the patient or, if there is more than	8591
one adult child, a majority of the patient's adult children who	8592
are available within a reasonable period of time for consultation	8593
with the patient's attending physician;	8594

(4) The patient's parents;

8595

(5) An adult sibling of the patient or, if there is more than	8596
one adult sibling, a majority of the patient's adult siblings who	8597
are available within a reasonable period of time for ~~such~~that	8598
consultation;	8599

(6) The nearest adult who is not described in divisions	8600
(B)(1) to (5) of this section, who is related to the patient by	8601
blood or adoption, and who is available within a reasonable period	8602
of time for ~~such~~that consultation.	8603

(C) If an appropriate individual or class of individuals	8604
entitled to decide under division (B) of this section whether or	8605
not to consent to the withholding or withdrawal of life-sustaining	8606
treatment for a patient is not available within a reasonable	8607
period of time for ~~such~~the consultation and competent to so	8608
decide, or declines to so decide, then the next priority	8609
individual or class of individuals specified in that division is	8610
authorized to make the decision. However, an equal division in a	8611
priority class of individuals under that division does not	8612
authorize the next class of individuals specified in that division	8613
to make the decision. If an equal division in a priority class of	8614
individuals under that division occurs, no written consent to the	8615
withholding or withdrawal of life-sustaining treatment from the	8616
patient can be given pursuant to this section.	8617

(D)(1) A decision to consent pursuant to this section to the	8618
use or continuation, or the withholding or withdrawal, of	8619
life-sustaining treatment for a patient shall be made in good	8620
faith.	8621

(2) Except as provided in division (D)(4) of this section, if	8622
the patient previously expressed ~~his~~an intention with respect to	8623
the use or continuation, or the withholding or withdrawal, of	8624
life-sustaining treatment should hethe patient subsequently be in	8625
a terminal condition or in a permanently unconscious state,	8626
whichever applies, and no longer able to make informed decisions	8627
regarding the administration of life-sustaining treatment, a	8628
consent given pursuant to this section shall be valid only if it	8629
is consistent with that previously expressed intention.	8630

(3) Except as provided in division (D)(4) of this section, if	8631
the patient did not previously express ~~his~~an intention with	8632
respect to the use or continuation, or the withholding or	8633
withdrawal, of life-sustaining treatment should hethe patient	8634
subsequently be in a terminal condition or in a permanently	8635
unconscious state, whichever applies, and no longer able to make	8636
informed decisions regarding the administration of life-sustaining	8637
treatment, a consent given pursuant to this section shall be valid	8638
only if it is consistent with the type of informed consent	8639
decision that the patient would have made if hethe patient	8640
previously had expressed ~~his~~an intention with respect to the use	8641
or continuation, or the withholding or withdrawal, of	8642
life-sustaining treatment should hethe patient subsequently be in	8643
a terminal condition or in a permanently unconscious state,	8644
whichever applies, and no longer able to make informed decisions	8645
regarding the administration of life-sustaining treatment, as	8646
inferred from the lifestyle and character of the patient, and from	8647
any other evidence of the desires of the patient, prior to ~~his~~the	8648
patient's becoming no longer able to make informed decisions	8649
regarding the administration of life-sustaining treatment. The	8650
Rules of Evidence shall not be binding for purposes of this	8651
division.	8652

(4)(a) The attending physician of the patient, and other	8653
health care personnel acting under the direction of the attending	8654
physician, who do not have actual knowledge of a previously	8655
expressed intention as described in division (D)(2) of this	8656
section or who do not have actual knowledge that the patient would	8657
have made a different type of informed consent decision under the	8658
circumstances described in division (D)(3) of this section, may	8659
rely on a consent given in accordance with this section unless a	8660
probate court decides differently under division (E) of this	8661
section.	8662

(b) The immunity conferred by division (C)(1) of section	8663
2133.11 of the Revised Code is not forfeited by an individual who	8664
gives a consent to the use or continuation, or the withholding or	8665
withdrawal, of life-sustaining treatment for a patient under	8666
division (B) of this section if the individual gives the consent	8667
in good faith and without actual knowledge, at the time of giving	8668
the consent, of either a contrary previously expressed intention	8669
of the patient, or a previously expressed intention of the	8670
patient, as described in division (D)(2) of this section, that is	8671
revealed to the individual subsequent to the time of giving the	8672
consent.	8673

(E)(1) Within forty-eight hours after a priority individual	8674
or class of individuals gives a consent pursuant to this section	8675
to the use or continuation, or the withholding or withdrawal, of	8676
life-sustaining treatment and communicates the consent to the	8677
patient's attending physician, any individual described in	8678
divisions (B)(1) to (5) of this section who objects to the	8679
application of this section to the patient shall advise the	8680
attending physician of the grounds for the objection. If an	8681
objection is so communicated to the attending physician, then,	8682
within two business days after that communication, the objecting	8683
individual shall file a complaint against the priority individual	8684
or class of individuals, the patient's attending physician, and	8685
the consulting physician associated with the determination that	8686
the patient is in a terminal condition or that the patient	8687
currently is and for at least the immediately preceding twelve	8688
months has been in a permanently unconscious state, in the probate	8689
court of the county in which the patient is located for the	8690
issuance of an order reversing the consent of the priority	8691
individual or class of individuals. If the objecting individual	8692
fails to so file a complaint, ~~his~~the individual's objections	8693
shall be considered to be void.	8694

A probate court in which a complaint is filed in accordance	8695
with this division shall conduct a hearing on the complaint after	8696
a copy of the complaint and a notice of the hearing have been	8697
served upon the defendants. The clerk of the probate court in	8698
which the complaint is filed shall cause the complaint and the	8699
notice of the hearing to be so served in accordance with the Rules	8700
of Civil Procedure, which service shall be made, if possible,	8701
within three days after the filing of the complaint. The hearing	8702
shall be conducted at the earliest possible time, but no later	8703
than the third business day after ~~such~~the service has been	8704
completed. Immediately following the hearing, the court shall	8705
enter on its journal its determination whether the decision of the	8706
priority individual or class of individuals to consent to the use	8707
or continuation, or the withholding or withdrawal, of	8708
life-sustaining treatment in connection with the patient will be	8709
confirmed or reversed.	8710

(2) If the decision of the priority individual or class of	8711
individuals was to consent to the use or continuation of	8712
life-sustaining treatment in connection with the patient, the	8713
court only may reverse that consent if the objecting individual	8714
establishes, by clear and convincing evidence and, if applicable,	8715
to a reasonable degree of medical certainty and in accordance with	8716
reasonable medical standards, one or more of the following:	8717

(a) The patient is able to make informed decisions regarding	8718
the administration of life-sustaining treatment.	8719

(b) The patient has a legally effective declaration that	8720
addresses ~~his~~the patient's intent should hethe patient be	8721
determined to be in a terminal condition or in a permanently	8722
unconscious state, whichever applies, or a legally effective	8723
durable power of attorney for health care.	8724

(c) The decision to use or continue life-sustaining treatment	8725
is not consistent with the previously expressed intention of the	8726
patient as described in division (D)(2) of this section.	8727

(d) The decision to use or continue life-sustaining treatment	8728
is not consistent with the type of informed consent decision that	8729
the patient would have made if hethe patient previously had	8730
expressed ~~his~~an intention with respect to the use or	8731
continuation, or the withholding or withdrawal, of life-sustaining	8732
treatment should hethe patient subsequently be in a terminal	8733
condition or in a permanently unconscious state, whichever	8734
applies, and no longer able to make informed decisions regarding	8735
the administration of life-sustaining treatment as described in	8736
division (D)(3) of this section.	8737

(e) The decision of the priority individual or class of	8738
individuals was not made after consultation with the patient's	8739
attending physician and after receipt of information from the	8740
patient's attending physician or a consulting physician that is	8741
sufficient to satisfy the requirements of informed consent.	8742

(f) The priority individual, or any member of the priority	8743
class of individuals, who made the decision to use or continue	8744
life-sustaining treatment was not of sound mind or did not	8745
voluntarily make the decision.	8746

(g) If the decision of a priority class of individuals under	8747
division (B)(3) of this section is involved, the patient's	8748
attending physician did not make a good faith effort, and use	8749
reasonable diligence, to notify the patient's adult children who	8750
were available within a reasonable period of time for consultation	8751
as described in division (A)(1)(c) of this section.	8752

(h) The decision of the priority individual or class of	8753
individuals otherwise was made in a manner that does not comply	8754
with this section.	8755

(3) If the decision of the priority individual or class of	8756
individuals was to consent to the withholding or withdrawal of	8757
life-sustaining treatment in connection with the patient, the	8758
court only may reverse that consent if the objecting individual	8759
establishes, by a preponderance of the evidence and, if	8760
applicable, to a reasonable degree of medical certainty and in	8761
accordance with reasonable medical standards, one or more of the	8762
following:	8763

(a) The patient is not in a terminal condition, the patient	8764
is not in a permanently unconscious state, or the patient has not	8765
been in a permanently unconscious state for at least the	8766
immediately preceding twelve months.	8767

(b) The patient is able to make informed decisions regarding	8768
the administration of life-sustaining treatment.	8769

(c) There is a reasonable possibility that the patient will	8770
regain the capacity to make informed decisions regarding the	8771
administration of life-sustaining treatment.	8772

(d) The patient has a legally effective declaration that	8773
addresses ~~his~~the patient's intent should hethe patient be	8774
determined to be in a terminal condition or in a permanently	8775
unconscious state, whichever applies, or a legally effective	8776
durable power of attorney for health care.	8777

(e) The decision to withhold or withdraw life-sustaining	8778
treatment is not consistent with the previously expressed	8779
intention of the patient as described in division (D)(2) of this	8780
section.	8781

(f) The decision to withhold or withdraw life-sustaining	8782
treatment is not consistent with the type of informed consent	8783
decision that the patient would have made if hethe patient	8784
previously had expressed ~~his~~an intention with respect to the use	8785
or continuation, or the withholding or withdrawal, of	8786
life-sustaining treatment should hethe patient subsequently be in	8787
a terminal condition or in a permanently unconscious state,	8788
whichever applies, and no longer able to make informed decisions	8789
regarding the administration of life-sustaining treatment as	8790
described in division (D)(3) of this section.	8791

(g) The decision of the priority individual or class of	8792
individuals was not made after consultation with the patient's	8793
attending physician and after receipt of information from the	8794
patient's attending physician or a consulting physician that is	8795
sufficient to satisfy the requirements of informed consent.	8796

(h) The priority individual, or any member of the priority	8797
class of individuals, who made the decision to withhold or	8798
withdraw life-sustaining treatment was not of sound mind or did	8799
not voluntarily make the decision.	8800

(i) If the decision of a priority class of individuals under	8801
division (B)(3) of this section is involved, the patient's	8802
attending physician did not make a good faith effort, and use	8803
reasonable diligence, to notify the patient's adult children who	8804
were available within a reasonable period of time for consultation	8805
as described in division (A)(1)(c) of this section.	8806

(j) The decision of the priority individual or class of	8807
individuals otherwise was made in a manner that does not comply	8808
with this section.	8809

(4) Notwithstanding any contrary provision of the Revised	8810
Code or of the Rules of Civil Procedure, the state and persons	8811
other than individuals described in divisions (B)(1) to (5) of	8812
this section are prohibited from filing a complaint under division	8813
(E) of this section and from joining or being joined as parties to	8814
a hearing conducted under division (E) of this section, including	8815
joining by way of intervention.	8816

(F) A valid consent given in accordance with this section	8817
supersedes any general consent to treatment form signed by or on	8818
behalf of the patient prior to, upon, or after ~~his~~the patient's	8819
admission to a health care facility to the extent there is a	8820
conflict between the consent and the form.	8821

(G) Life-sustaining treatment shall not be withheld or	8822
withdrawn from a patient pursuant to a consent given in accordance	8823
with this section if ~~she~~the patient is pregnant and if the	8824
withholding or withdrawal of the treatment would terminate the	8825
pregnancy, unless the patient's attending physician and one other	8826
physician who has examined the patient determine, to a reasonable	8827
degree of medical certainty and in accordance with reasonable	8828
medical standards, that the fetus would not be born alive.	8829

Sec. 2133.09. (A) The attending physician of a patient who	8830
is an adult and who currently is and for at least the immediately	8831
preceding twelve months has been in a permanently unconscious	8832
state may withhold or withdraw nutrition and hydration in	8833
connection with the patient only if all of the following apply:	8834

(1) Written consent to the withholding or withdrawal of	8835
life-sustaining treatment in connection with the patient has been	8836
given by an appropriate individual or individuals in accordance	8837
with section 2133.08 of the Revised Code, and divisions (A)(1)(a)	8838
to (e) and (2) of that section have been satisfied.	8839

(2) A probate court has not reversed the consent to the	8840
withholding or withdrawal of life-sustaining treatment in	8841
connection with the patient pursuant to division (E) of section	8842
2133.08 of the Revised Code.	8843

(3) The attending physician of the patient and one other	8844
physician as described in division (A)(2) of section 2133.08 of	8845
the Revised Code who examines the patient determine, in good	8846
faith, to a reasonable degree of medical certainty, and in	8847
accordance with reasonable medical standards, that nutrition and	8848
hydration will not or no longer will provide comfort or alleviate	8849
pain in connection with the patient.	8850

(4) Written consent to the withholding or withdrawal of	8851
nutrition and hydration in connection with the patient, witnessed	8852
by two individuals who satisfy the witness eligibility criteria	8853
set forth in division (B)(1) of section 2133.02 of the Revised	8854
Code, is given to the attending physician of the patient by an	8855
appropriate individual or individuals as specified in division (B)	8856
of section 2133.08 of the Revised Code.	8857

(5) The written consent to the withholding or withdrawal of	8858
the nutrition and hydration in connection with the patient is	8859
given in accordance with division (B) of this section.	8860

(6) The probate court of the county in which the patient is	8861
located issues an order to withhold or withdraw the nutrition and	8862
hydration in connection with the patient pursuant to division (C)	8863
of this section.	8864

(B)(1) A decision to consent pursuant to this section to the	8865
withholding or withdrawal of nutrition and hydration in connection	8866
with a patient shall be made in good faith.	8867

(2) Except as provided in division (B)(4) of this section, if	8868
the patient previously expressed ~~his~~an intention with respect to	8869
the use or continuation, or the withholding or withdrawal, of	8870
nutrition and hydration should hethe patient subsequently be in a	8871
permanently unconscious state and no longer able to make informed	8872
decisions regarding the administration of nutrition and hydration,	8873
a consent given pursuant to this section shall be valid only if it	8874
is consistent with that previously expressed intention.	8875

(3) Except as provided in division (B)(4) of this section, if	8876
the patient did not previously express ~~his~~an intention with	8877
respect to the use or continuation, or the withholding or	8878
withdrawal, of nutrition and ~~hyrdation~~hydration should hethe	8879
patient subsequently be in a permanently unconscious state and no	8880
longer able to make informed decisions regarding the	8881
administration of nutrition and hydration, a consent given	8882
pursuant to this section shall be valid only if it is consistent	8883
with the type of informed consent decision that the patient would	8884
have made if hethe patient previously had expressed ~~his~~an	8885
intention with respect to the use or continuation, or the	8886
withholding or withdrawal, of nutrition and hydration should he	8887
the patient subsequently be in a permanently unconscious state and	8888
no longer able to make informed decisions regarding the	8889
administration of nutrition and hydration, as inferred from the	8890
lifestyle and character of the patient, and from any other	8891
evidence of the desires of the patient, prior to ~~his~~the patient's	8892
becoming no longer able to make informed decisions regarding the	8893
administration of nutrition and hydration. The Rules of Evidence	8894
shall not be binding for purposes of this division.	8895

(4)(a) The attending physician of the patient, and other	8896
health care personnel acting under the direction of the attending	8897
physician, who do not have actual knowledge of a previously	8898
expressed intention as described in division (B)(2) of this	8899
section or who do not have actual knowledge that the patient would	8900
have made a different type of informed consent decision under the	8901
circumstances described in division (B)(3) of this section, may	8902
rely on a consent given in accordance with this section unless a	8903
probate court decides differently under division (C) of this	8904
section.	8905

(b) The immunity conferred by division (C)(2) of section	8906
2133.11 of the Revised Code is not forfeited by an individual who	8907
gives a consent to the withholding or withdrawal of nutrition and	8908
hydration in connection with a patient under division (A)(4) of	8909
this section if the individual gives the consent in good faith and	8910
without actual knowledge, at the time of giving the consent, of	8911
either a contrary previously expressed intention of the patient,	8912
or a previously expressed intention of the patient, as described	8913
in ~~divison~~division (B)(2) of this section, that is revealed to	8914
the individual subsequent to the time of giving the consent.	8915

(C)(1) Prior to the withholding or withdrawal of nutrition	8916
and hydration in connection with a patient pursuant to this	8917
section, the priority individual or class of individuals that	8918
consented to the withholding or withdrawal of the nutrition and	8919
hydration shall apply to the probate court of the county in which	8920
the patient is located for the issuance of an order that	8921
authorizes the attending physician of the patient to commence the	8922
withholding or withdrawal of the nutrition and hydration in	8923
connection with the patient. Upon the filing of the application,	8924
the clerk of the probate court shall schedule a hearing on it and	8925
cause a copy of it and a notice of the hearing to be served in	8926
accordance with the Rules of Civil Procedure upon the applicant,	8927
the attending physician, the consulting physician associated with	8928
the determination that nutrition and hydration will not or no	8929
longer will provide comfort or alleviate pain in connection with	8930
the patient, and the individuals described in divisions (B)(1) to	8931
(5) of section 2133.08 of the Revised Code who are not applicants,	8932
which service shall be made, if possible, within three days after	8933
the filing of the application. The hearing shall be conducted at	8934
the earliest possible time, but no sooner than the thirtieth	8935
business day, and no later than the sixtieth business day, after	8936
~~such~~the service has been completed.	8937

At the hearing, any individual described in divisions (B)(1)	8938
to (5) of section 2133.08 of the Revised Code who is not an	8939
applicant and who disagrees with the decision of the priority	8940
individual or class of individuals to consent to the withholding	8941
or withdrawal of nutrition and hydration in connection with the	8942
patient shall be permitted to testify and present evidence	8943
relative to the use or continuation of nutrition and hydration in	8944
connection with the patient. Immediately following the hearing,	8945
the court shall enter on its journal its determination whether the	8946
requested order will be issued.	8947

(2) The court shall issue an order that authorizes the	8948
patient's attending physician to commence the withholding or	8949
withdrawal of nutrition and hydration in connection with the	8950
patient only if the applicants establish, by clear and convincing	8951
evidence, to a reasonable degree of medical certainty, and in	8952
accordance with reasonable medical standards, all of the	8953
following:	8954

(a) The patient currently is and for at least the immediately	8955
preceding twelve months has been in a permanently unconscious	8956
state.	8957

(b) The patient no longer is able to make informed decisions	8958
regarding the administration of life-sustaining treatment.	8959

(c) There is no reasonable possibility that the patient will	8960
regain the capacity to make informed decisions regarding the	8961
administration of life-sustaining treatment.	8962

(d) The conditions specified in divisions (A)(1) to (4) of	8963
this section have been satisfied.	8964

(e) The decision to withhold or withdraw nutrition and	8965
hydration in connection with the patient is consistent with the	8966
previously expressed intention of the patient as described in	8967
division (B)(2) of this section or is consistent with the type of	8968
informed consent decision that the patient would have made if he	8969
the patient previously had expressed ~~his~~an intention with respect	8970
to the use or continuation, or the withholding or withdrawal, of	8971
nutrition and hydration should hethe patient subsequently be in a	8972
permanently unconscious state and no longer able to make informed	8973
decisions regarding the administration of nutrition and hydration	8974
as described in division (B)(3) of this section.	8975

(3) Notwithstanding any contrary provision of the Revised	8976
Code or of the Rules of Civil Procedure, the state and persons	8977
other than individuals described in division (A)(4) of this	8978
section or in divisions (B)(1) to (5) of section 2133.08 of the	8979
Revised Code and other than the attending physician and consulting	8980
physician associated with the determination that nutrition and	8981
hydration will not or no longer will provide comfort or alleviate	8982
pain in connection with the patient are prohibited from filing an	8983
application under this division and from joining or being joined	8984
as parties to a hearing conducted under this division, including	8985
joining by way of intervention.	8986

(D) A valid consent given in accordance with this section	8987
supersedes any general consent to treatment form signed by or on	8988
behalf of the patient prior to, upon, or after ~~his~~the patient's	8989
admission to a health care facility to the extent there is a	8990
conflict between the consent and the form.	8991

Sec. 3101.02. Any consent required under section 3101.01 of	8992
the Revised Code shall be personally given before the probate	8993
judge or a deputy clerk of the probate court, or certified under	8994
the hand of the person consenting, by two witnesses, one of whom	8995
~~must~~shall appear before the judge and make oath that hethe	8996
witness saw the person whose name is annexed to the certificate	8997
subscribe it, or heard ~~him~~the person consenting acknowledge it.	8998

Sec. 3101.03. If the parent or guardian of a minor is a	8999
nonresident of, or is absent from, the county in which the	9000
marriage license is applied for, hethe parent or guardian	9001
personally may appear before the official upon whose authority	9002
marriage licenses are issued, in the county in which hethe parent	9003
or guardian is at the time domiciled, and give ~~his~~ consent in	9004
writing to ~~such~~that marriage. The consent ~~must~~shall be attested	9005
to by two witnesses, certified to by ~~such~~that official, and	9006
forwarded to the probate judge of the county in which the license	9007
is applied for. The probate judge may administer any oath	9008
required, issue and sign ~~such~~the license, and affix the seal of	9009
the probate court.	9010

Sec. 3101.10. A minister upon producing to the secretary of	9011
state, credentials of ~~his~~the minister's being a regularly	9012
ordained or licensed minister of any religious society or	9013
congregation, shall be entitled to receive from the secretary of	9014
state a license authorizing ~~him~~the minister to solemnize	9015
marriages in this state so long as hethe minister continues as a	9016
regular minister in ~~such~~that society or congregation. A minister	9017
shall produce for inspection ~~his~~the minister's license to	9018
solemnize marriages upon demand of any party to a marriage at	9019
which hethe minister officiates or proposes to officiate or upon	9020
demand of any probate judge.	9021

Sec. 3101.13. Except as otherwise provided in this section,	9022
a certificate of every marriage solemnized shall be transmitted by	9023
the authorized person solemnizing the marriage, within thirty days	9024
after the solemnization, to the probate judge of the county in	9025
which the marriage license was issued. If, in accordance with	9026
section 2101.27 of the Revised Code, a probate judge solemnizes a	9027
marriage and if the probate judge issued the marriage license to	9028
the husband and wife, hethe probate judge shall file a	9029
certificate of that solemnized marriage in ~~his~~the probate judge's	9030
office within thirty days after the solemnization. All ~~such~~of the	9031
transmitted and filed certificates shall be consecutively numbered	9032
and recorded in the order in which they are received.	9033

Sec. 3101.14. Every marriage license shall have printed upon	9034
it in prominent type the notice that, unless the person	9035
solemnizing the marriage returns a certificate of the solemnized	9036
marriage to the probate court that issued the marriage license	9037
within thirty days after performing the ceremony, or, if the	9038
person solemnizing the marriage is a probate judge who is acting	9039
in accordance with section 2101.27 of the Revised Code and who	9040
issued the marriage license to the husband and wife, unless ~~such a~~	9041
that probate judge files a certificate of the solemnized marriage	9042
in ~~his~~the probate judge's office within thirty days after the	9043
solemnization, hethe person or probate judge is guilty of a minor	9044
misdemeanor and, upon conviction, may be punished by a fine of	9045
fifty dollars. An envelope suitable for returning the certificate	9046
of marriage, and addressed to the proper probate court, shall be	9047
given with each license, except that this requirement does not	9048
apply if a marriage is to be solemnized by a probate judge who is	9049
acting in accordance with section 2101.27 of the Revised Code and	9050
who issued the marriage license to the husband and wife.	9051

Sec. 3313.85. If the board of education of any city,	9052
exempted village, or local school district or the governing board	9053
of any educational service center ~~fails to perform the duties~~	9054
~~imposed upon it or~~ fails to fill a vacancy in ~~such~~that board	9055
within a period of thirty days after ~~such~~the vacancy occurs, the	9056
probate court of the county in which ~~such~~the district or service	9057
center is located, upon being advised and satisfied of ~~such~~that	9058
failure, shall act as ~~such~~that board ~~and perform all duties~~	9059
~~imposed upon such board~~to fill any vacancy as promptly as	9060
possible.	9061

Sec. 5111.113. (A) As used in this section:

9062

(1) "Adult care facility" has the same meaning as in section	9063
3722.01 of the Revised Code.	9064

(2) "Commissioner" means a person appointed by a probate	9065
court under division ~~(B)~~(E) of section 2113.03 of the Revised Code	9066
to act as a commissioner.	9067

(3) "Home" has the same meaning as in section 3721.10 of the	9068
Revised Code.	9069

(4) "Personal needs allowance account" means an account or	9070
petty cash fund that holds the money of a resident of an adult	9071
care facility or home and that the facility or home manages for	9072
the resident.	9073

(B) Except as provided in divisions (C) and (D) of this	9074
section, the owner or operator of an adult care facility or home	9075
shall transfer to the department of job and family services the	9076
money in the personal needs allowance account of a resident of the	9077
facility or home who was a recipient of the medical assistance	9078
program no earlier than sixty days but not later than ninety days	9079
after the resident dies. The adult care facility or home shall	9080
transfer the money even though the owner or operator of the	9081
facility or home has not been issued letters testamentary or	9082
letters of administration concerning the resident's estate.	9083

(C) If funeral or burial expenses for a resident of an adult	9084
care facility or home who has died have not been paid and the only	9085
resource the resident had that could be used to pay for the	9086
expenses is the money in the resident's personal needs allowance	9087
account, or all other resources of the resident are inadequate to	9088
pay the full cost of the expenses, the money in the resident's	9089
personal needs allowance account shall be used to pay for the	9090
expenses rather than being transferred to the department of job	9091
and family services pursuant to division (B) of this section.	9092

(D) If, not later than sixty days after a resident of an	9093
adult care facility or home dies, letters testamentary or letters	9094
of administration are issued, or an application for release from	9095
administration is filed under section 2113.03 of the Revised Code,	9096
concerning the resident's estate, the owner or operator of the	9097
facility or home shall transfer the money in the resident's	9098
personal needs allowance account to the administrator, executor,	9099
commissioner, or person who filed the application for release from	9100
administration.	9101

(E) The transfer or use of money in a resident's personal	9102
needs allowance account in accordance with division (B), (C), or	9103
(D) of this section discharges and releases the adult care	9104
facility or home, and the owner or operator of the facility or	9105
home, from any claim for the money from any source.	9106

(F) If, sixty-one or more days after a resident of an adult	9107
care facility or home dies, letters testamentary or letters of	9108
administration are issued, or an application for release from	9109
administration under section 2113.03 of the Revised Code is filed,	9110
concerning the resident's estate, the department of job and family	9111
services shall transfer the funds to the administrator, executor,	9112
commissioner, or person who filed the application, unless the	9113
department is entitled to recover the money under the medicaid	9114
estate recovery program instituted under section 5111.11 of the	9115
Revised Code.	9116

Section 2. That existing sections 141.07, 2101.01, 2101.02,	9117
2101.021, 2101.03, 2101.04, 2101.06, 2101.07, 2101.08, 2101.09,	9118
2101.10, 2101.11, 2101.13, 2101.15, 2101.16, 2101.162, 2101.19,	9119
2101.20, 2101.22, 2101.23, 2101.24, 2101.27, 2101.30, 2101.34,	9120
2101.38, 2101.41, 2101.43, 2103.01, 2105.051, 2105.06, 2105.09,	9121
2105.10, 2105.11, 2105.13, 2105.14, 2105.15, 2105.16, 2105.19,	9122
2106.01, 2106.08, 2106.11, 2107.01, 2107.02, 2107.03, 2107.04,	9123
2107.05, 2107.07, 2107.08, 2107.081, 2107.082, 2107.083, 2107.084,	9124
2107.085, 2107.09, 2107.10, 2107.11, 2107.15, 2107.17, 2107.18,	9125
2107.20, 2107.21, 2107.22, 2107.29, 2107.32, 2107.34, 2107.35,	9126
2107.36, 2107.38, 2107.46, 2107.47, 2107.49, 2107.50, 2107.501,	9127
2107.51, 2107.52, 2107.53, 2107.54, 2107.55, 2107.56, 2107.58,	9128
2107.59, 2107.60, 2107.61, 2107.65, 2107.71, 2107.73, 2107.75,	9129
2108.51, 2109.02, 2109.021, 2109.03, 2109.04, 2109.05, 2109.06,	9130
2109.07, 2109.09, 2109.10, 2109.11, 2109.12, 2109.14, 2109.17,	9131
2109.19, 2109.20, 2109.21, 2109.22, 2109.24, 2109.25, 2109.26,	9132
2109.302, 2109.303, 2109.32, 2109.33, 2109.34, 2109.35, 2109.36,	9133
2109.361, 2109.37, 2109.371, 2109.372, 2109.38, 2109.39, 2109.40,	9134
2109.42, 2109.43, 2109.44, 2109.45, 2109.46, 2109.47, 2109.48,	9135
2109.49, 2109.50, 2109.51, 2109.52, 2109.53, 2109.54, 2109.55,	9136
2109.56, 2109.57, 2109.58, 2109.59, 2109.60, 2109.61, 2109.62,	9137
2111.02, 2111.021, 2111.031, 2111.04, 2111.041, 2111.05, 2111.06,	9138
2111.07, 2111.09, 2111.091, 2111.10, 2111.12, 2111.131, 2111.14,	9139
2111.141, 2111.16, 2111.17, 2111.18, 2111.181, 2111.19, 2111.20,	9140
2111.21, 2111.22, 2111.25, 2111.26, 2111.27, 2111.28, 2111.29,	9141
2111.30, 2111.31, 2111.33, 2111.34, 2111.35, 2111.36, 2111.37,	9142
2111.38, 2111.39, 2111.40, 2111.41, 2111.44, 2111.46, 2111.48,	9143
2111.50, 2113.01, 2113.03, 2113.04, 2113.05, 2113.06, 2113.07,	9144
2113.12, 2113.13, 2113.14, 2113.15, 2113.16, 2113.18, 2113.19,	9145
2113.20, 2113.21, 2113.22, 2113.25, 2113.30, 2113.31, 2113.311,	9146
2113.33, 2113.34, 2113.35, 2113.36, 2113.39, 2113.40, 2113.41,	9147
2113.45, 2113.46, 2113.48, 2113.49, 2113.50, 2113.51, 2113.52,	9148
2113.54, 2113.58, 2113.61, 2113.62, 2113.67, 2113.68, 2113.69,	9149
2113.70, 2113.72, 2113.73, 2113.74, 2113.75, 2113.81, 2113.82,	9150
2113.85, 2113.86, 2113.87, 2113.88, 2115.02, 2115.03, 2115.06,	9151
2115.09, 2115.10, 2115.11, 2115.12, 2115.16, 2115.17, 2117.01,	9152
2117.02, 2117.03, 2117.04, 2117.08, 2117.09, 2117.10, 2117.13,	9153
2117.15, 2117.17, 2117.18, 2117.30, 2117.31, 2117.34, 2117.35,	9154
2117.36, 2117.37, 2117.41, 2117.42, 2119.01, 2119.02, 2119.03,	9155
2119.04, 2119.05, 2121.01, 2121.02, 2121.05, 2121.06, 2121.08,	9156
2121.09, 2123.02, 2123.03, 2123.05, 2123.06, 2127.011, 2127.02,	9157
2127.04, 2127.05, 2127.06, 2127.07, 2127.08, 2127.09, 2127.10,	9158
2127.11, 2127.12, 2127.13, 2127.14, 2127.15, 2127.16, 2127.17,	9159
2127.18, 2127.19, 2127.21, 2127.22, 2127.23, 2127.24, 2127.27,	9160
2127.28, 2127.29, 2127.30, 2127.32, 2127.33, 2127.34, 2127.35,	9161
2127.36, 2127.37, 2127.38, 2127.39, 2127.40, 2127.41, 2127.42,	9162
2127.43, 2129.02, 2129.05, 2129.08, 2129.11, 2129.13, 2129.14,	9163
2129.15, 2129.17, 2129.18, 2129.19, 2129.23, 2129.25, 2129.26,	9164
2129.28, 2129.29, 2129.30, 2131.08, 2131.11, 2133.04, 2133.05,	9165
2133.06, 2133.08, 2133.09, 3101.02, 3101.03, 3101.10, 3101.13,	9166
3101.14, 3313.85, and 5111.113 and sections 2101.36, 2101.37,	9167
2113.02, 2113.17, 2113.24, 2113.26, 2113.27, 2113.28, 2113.29,	9168
2113.57, and 2113.63 of the Revised Code are hereby repealed.	9169

Section 3. The provisions of this act that relate to the	9170
estates of decedents apply to the estates of decedents who die on	9171
or after the effective date of this act.	9172

Section 4. The General Assembly, applying the principle	9173
stated in division (B) of section 1.52 of the Revised Code that	9174
amendments are to be harmonized if reasonably capable of	9175
simultaneous operation, finds that the following sections,	9176
presented in this act as composites of the sections as amended by	9177
the acts indicated, are the resulting versions of the sections in	9178
effect prior to the effective date of the sections as presented in	9179
this act:	9180