Ohio Revised Code Search
Section |
---|
Section 1337.571 | Digital assets.
...Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to digital assets causes the agent to be an authorized user for the purpose of applicable computer fraud and unauthorized computer access laws and authorizes the agent to do all of the following: (A) Have access to any catalogue of electronic communications sent or received by the principal; (B... |
Section 1337.58 | Gifts.
... U.S.C. 529. (B) Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent to do only the following: (1) Make outright to, or for the benefit of, a person, a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount p... |
Section 1337.59 | Construction under former law.
...In a power of attorney executed on or after March 29, 2006, and before the effective date of this section that either uses the statutory power of attorney form contained in former section 1337.18 of the Revised Code or that incorporates by reference any one or more of the powers contained in former section 1337.20 of the Revised Code, the powers granted shall be construed in accordance with former section 1337.... |
Section 1337.60 | Statutory form power of attorney.
...sed to create a statutory form power of attorney that has the meaning and effect prescribed by sections 1337.21 to 1337.64 of the Revised Code. [INSERT NAME OF JURISDICTION] STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act wit... |
Section 1337.61 | Agent's certification.
... to certify facts concerning a power of attorney. AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY State of Ohio County of _____________________ I, _________________________________________ (Name of Agent), certify under penalty of perjury that _____________________________ (Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated _____... |
Section 1337.62 | Uniformity of application and construction.
...In applying and construing sections 1337.21 to 1337.64 of the Revised Code, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. |
Section 1337.63 | Relation to electronic signatures in global and national commerce act.
...Sections 1337.21 to 1337.64 of the Revised Code modify, limit, and supersede the "Electronic Signatures in Global and National Commerce Act," 15 U.S.C. 7001 et seq., with the exception of section 101(c) of that act, 15 U.S.C. 7001(c). Sections 1337.21 to 1337.64 of the Revised Code do not authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b). |
Section 1337.64 | Effect on existing powers of attorney.
...all of the following: (1) A power of attorney created before, on, or after the effective date of this section; (2) A judicial proceeding concerning a power of attorney commenced on or after the effective date of this section; (3) A judicial proceeding concerning a power of attorney commenced before the effective date of this section, unless the court finds that application of a provision of sections 1337.2... |
Section 2113.01 | What court shall grant letters.
...Upon the death of a resident of this state who dies intestate, letters of administration of the decedent's estate shall be granted by the probate court of the county in which the decedent was a resident at the time of death. If the will of any person is admitted to probate in this state, letters testamentary or of administration shall be granted by the probate court in which the will was admitted to probate. |
Section 2113.03 | Court may order estate released from administration.
...(A) Subject to division (I) of this section, an estate may be released from administration under division (B) of this section if either of the following applies: (1) The value of the assets of the estate is thirty-five thousand dollars or less. (2) The value of the assets of the estate is one hundred thousand dollars or less and either of the following applies: (a) The decedent devised and bequeathed in a val... |
Section 2113.031 | Summary release from administration.
...onstitution, and is consistent with the requirements of this division; (c) Has been signed and acknowledged by the applicant in the presence of a notary public or a deputy clerk of the probate court; (d) Sets forth the following information if the decedent's estate includes a described type of asset: (i) If the decedent's estate includes a motor vehicle, the motor vehicle's year, make, model, body type, manufactur... |
Section 2113.032 | Application for release of medical and billing records.
...Any person who is eligible to be appointed as a personal representative of an estate under the law of this state or named as executor in a will may file an application with the probate court in the county in which the decedent resided seeking the release of the decedent's medical records and medical billing records for use in evaluating a potential wrongful death, personal injury, or survivorship action on behalf of... |
Section 2113.04 | Payment of wages of deceased employee without administration.
...(A) Any employer, including the state or a political subdivision, at any time after the death of an employee, may pay all wages or personal earnings due to the deceased employee to the following, preference being given in the order named, without requiring letters testamentary or letters of administration to be issued upon the estate of the deceased employee, and without requiring an Ohio estate tax release if ... |
Section 2113.041 | Request to financial institution to release account proceed to recover costs of services.
...(A) The administrator of the medicaid estate recovery program established pursuant to section 5162.21 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a medicaid recipient who is subject to the medicaid estate recovery program. The affidavit shall include all of the fol... |
Section 2113.05 | Letters testamentary shall issue.
...the executor nominated by holders of a power as described in section 2107.65 of the Revised Code, or to the executor named in the will and to a coexecutor nominated by holders of that power, if the executor or coexecutor is suitable, competent, accepts the appointment, and gives bond if that is required. If no executor is named in a will and no power as described in section 2107.65 of the Revised Code is conf... |
Section 2113.06 | To whom letters of administration shall be granted.
... is a resident of the state, or to the attorney general or the attorney general's designee, if the department of medicaid is seeking to recover the costs of medicaid services from the deceased pursuant to section 5162.21 or 5162.211 of the Revised Code. The person granted administration may be a creditor of the estate. (D) This section applies to the appointment of an administrator de bonis non. |
Section 2113.07 | Application for appointment as executor or administrator.
...Before being appointed executor or administrator, every person shall make and file an application that shall contain the names of the surviving spouse and all the next of kin of the deceased known to the applicant, their addresses of usual residence if known, a statement in general terms of what the estate consists and its probable value, and a statement of any indebtedness the deceased had against the applica... |
Section 2113.11 | Notice when deceased was an alien.
...Upon the filing of an application for appointment as executor or administrator of the estate of a deceased alien with surviving heirs residing in a foreign country, or as soon thereafter during the administration of the estate as the probate court ascertains that the deceased was an alien, the court shall cause notice of the proceedings to be forwarded by registered mail to the nearest consular representative of the ... |
Section 2113.12 | Procedure if executor renounces.
...ominated as an executor by holders of a power as described in section 2107.65 of the Revised Code, refuses to accept the trust, or, if after being served notice for that purpose, neglects to appear and accept, or if the person named or nominated as executor neglects for twenty days after the probate of the will to give any required bond, the probate court shall grant letters testamentary to the other executor, ... |
Section 2113.13 | Minority of an executor.
...When a person nominated as executor is under the age of eighteen years at the time of admitting the will to probate, administration may be granted with the will annexed during the nominee's minority, unless there is another executor who will accept the trust. If there is that other executor, the estate shall be administered by that executor until the minor arrives at full age when the former minor may be admitt... |
Section 2113.14 | Executor of an executor not to administer.
...The executor of an executor has no authority, as such, to administer the estate of the first testator. On the death of the sole or surviving executor of a will, administration of that part of the estate of the first testator not already administered may be granted, with the will annexed, to the person that the probate court appoints. |
Section 2113.15 | Special administrator.
...When there is delay in granting letters testamentary or of administration, the probate court may appoint a special administrator to collect and preserve the effects of the deceased and grant the special administrator any other authority that the court considers appropriate. The special administrator shall collect the assets and debts of the deceased and preserve them for the executor or administrator who ther... |
Section 2113.16 | Termination of powers of special administrator.
...testamentary or of administration, the power of a special administrator appointed under section 2113.15 of the Revised Code shall terminate and the special administrator shall transfer to the executor or administrator all the assets of the deceased in the possession or under the control of the special administrator. The special administrator shall file an account of the special administration within thirty day... |
Section 2113.17 | Creditor's claims before Special Administrator.
...A creditor's claim may be presented in accordance with section 2117.06 of the Revised Code to a special administration appointed under section 2113.15 of the Revised Code. |
Section 2113.18 | Removal of executor or administrator.
...(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate. (B) The probate court may remove any executor or administrator upon motion of the surviving spous... |