Ohio Revised Code Search
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Section 2113.04 | Payment of wages of deceased employee without administration.
...do not exceed five thousand dollars: (1) The surviving spouse; (2) Any one or more of the children eighteen years of age or older; (3) The father or mother of the deceased employee. (B) The payment of wages or personal earnings under division (A) of this section is a full discharge and release to the employer from any claim for the wages or personal earnings. If letters testamentary or letters of administrat... |
Section 2113.06 | To whom letters of administration shall be granted.
...s division, in the following order: (1) To the surviving spouse of the deceased, if resident of the state; (2) To one of the next of kin of the deceased, resident of the state. (B) If the persons entitled to administer the estate under division (A) of this section fail to take or renounce administration voluntarily, the matter shall be set for hearing and notice given to the persons. (C) If there are no ... |
Section 2113.18 | Removal of executor or administrator.
...ator if both of the following apply: (1) The executor or administrator refuses to bring an action for wrongful death in the name of the deceased person. (2) The court determines that a prima-facie case for a wrongful death action can be made from the information available to the executor or administrator. |
Section 2113.21 | Powers of executors, administrators, and testamentary trustees during a will contest.
...uring the contest, do the following: (1) Control all the real property and all the personal property of the testator not administered before the contest; (2) Collect the debts and convert all assets into money, except those that are specially bequeathed; (3) Pay all taxes on the real and personal property and all debts; (4) Repair buildings and make other improvements if necessary to preserve the real proper... |
Section 2113.35 | Commissions.
...al property that is sold, as follows: (1) For the first one hundred thousand dollars, at the rate of four per cent; (2) All above one hundred thousand dollars and not exceeding four hundred thousand dollars, at the rate of three per cent; (3) All above four hundred thousand dollars, at the rate of two per cent. (B) Executors and administrators shall be allowed a fee of one per cent on the value of real property t... |
Section 2113.40 | Sale of personal property.
...to the estate, except the following: (1) Property that the surviving spouse desires to take at the appraised value; (2) Property specifically bequeathed, if the sale of that property is not necessary for the payment of debts, provided that the property may be sold with the consent of the person entitled to the property, including executors, administrators, guardians, and trustees; (3) Property as to which di... |
Section 2113.53 | Distribution of assets of estate.
...e against the will pursuant to section 2106.01 of the Revised Code or if the will is set aside. (B) After distribution pursuant to division (A) of this section, a distributee shall be personally liable to a claimant who presents a valid claim within the time set forth in division (B) of section 2117.06 of the Revised Code, subject to the limitations described in this division. If presentation of a claim is made pur... |
Section 2113.90 | Action by foreign fiduciary or obligated person.
...itle B of the "Internal Revenue Code of 1954," 68 Stat. 373, 26 U.S.C.A. 2001, as amended, of an estate tax payable to another state, or of a death duty by a decedent's estate to another state, from a person interested in the estate who is either domiciled in this state or who owns property in this state subject to attachment or execution. For the purposes of the action brought pursuant to this section, the determina... |
Section 2117.17 | Hearing allowing and classifying claims.
...luntarily entered their appearance: (1) If it appears that the estate is fully solvent, the notice shall be given to the surviving spouse and all other persons having an interest in the estate as devisees, legatees, heirs, and distributees. (2) If it appears probable that there will not be sufficient assets to pay all of the valid debts of the estate in full, then the notice also shall be given to all credit... |
Section 2117.30 | Suits against executor or administrator.
...ate, except in the following cases: (1) On claims rejected in whole or in part; (2) For the enforcement of a lien against or involving title to specific property; (3) For the recovery of a claim that would not be affected by the insolvency of the estate; (4) On account of fraud, conversion, or concealment of assets; (5) Any other action as to which a different rule is prescribed by statute. (B) When an ex... |
Section 2119.03 | Powers of trustee.
...A) The trustee appointed under section 2119.01 of the Revised Code may proceed without order of the probate court to do the following: (1) Take possession of the property of the absentee wherever situated within the state; (2) Collect all debts due to the absentee; (3) Retain and invest the estate in accordance with Chapters 2113. to 2125. of the Revised Code. (B) The trustee may pay that part or all of the ... |
Section 2121.01 | Presumption of death.
...rises upon either of the following: (1) When the person has disappeared and been continuously absent from the person's place of last domicile for a five-year period without being heard from during the period; (2) When the person has disappeared and been continuously absent from the person's place of last domicile without being heard from and was at the beginning of the person's absence exposed to a specific ... |
Section 2125.01 | Action for wrongful death.
...ny such action commenced before January 1, 1932, or attempted to be commenced in proper time and now appearing on the files of any court within this state, and no prior law of this state shall prevent the maintenance of such cause of action. |
Section 2125.03 | Distribution to beneficiaries.
...(A)(1) The amount received by a personal representative in an action for wrongful death under sections 2125.01 and 2125.02 of the Revised Code, whether by settlement or otherwise, shall be distributed to the beneficiaries or any one or more of them. The court that appointed the personal representative, except when all of the beneficiaries are on an equal degree of consanguinity to the deceased person, shall adjust th... |
Section 2125.04 | New action.
...thin the time specified by division (F)(1) or (F)(2)(c), (d), (e), (f), or (g) of section 2125.02 of the Revised Code, if a judgment for the plaintiff is reversed or the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the personal representative of the plaintiff may commence a new civil action for wrongful death within one year after the date o... |
Section 2127.011 | Disposition of real property.
...of the following conditions are met: (1) The surviving spouse, all of the legatees and devisees in the case of testacy, and all of the heirs in the case of intestacy, give written consent to a power of sale for a particular parcel of real property or to a power of sale for all the real property belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate ... |
Section 2127.012 | Disposal of real estate.
...of the following conditions are met: (1) The ward's spouse and all persons entitled to the next estate of inheritance from the ward in the real property give written consent to a power of sale for a particular parcel of real estate or to a power of sale for all the real estate belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate court. (2) Any sale un... |
Section 2127.38 | Distribution of money received from sale of real property.
...ference to a master, or otherwise; (C)(1) In the case of an executor or administrator, the remaining proceeds of sale shall be applied as follows: (a) To the payment of legacies with which the real property of the deceased was charged, if the action is to sell real property to pay legacies; (b) To discharge the claims and debts of the estate in the order provided by law. (2) Whether the executor or administra... |
Section 2131.031 | Disability barred as a factor for minor's caretaker.
...is that the person has a disability: (1) Exercising custody, parenting time, or visitation rights with a minor; (2) Adopting a minor; (3) Serving as a foster caregiver for a minor; (4) Appointment as a guardian for a minor. (B) Division (A) of this section shall not be construed to guarantee or grant a person with a disability a right to conduct activities or exercise authority as described in that division... |
Section 2133.07 | Using pre-printed form.
...on" has the same meaning as in section 2133.21 of the Revised Code. (B) A printed form of a declaration may be sold or otherwise distributed in this state for use by adults who are not advised by an attorney. By use of a printed form of that nature, a declarant may authorize the use or continuation, or the withholding or withdrawal, of life-sustaining treatment should the declarant be in a terminal condition, a per... |
Section 2133.21 | DNR identification and do-not-resuscitate order law definitions.
...As used in sections 2133.21 to 2133.26 of the Revised Code, unless the context clearly requires otherwise: (A) "Attending physician" means the physician to whom a person, or the family of a person, has assigned primary responsibility for the treatment or care of the person or, if the person or the person's family has not assigned that responsibility, the physician who has accepted that responsibility. (B) "Declarat... |
Section 2133.25 | Standardized method of procedure for the withholding of CPR by physicians, emergency medical services personnel, and health care facilities.
...th, by rule adopted pursuant to Chapter 119. of the Revised Code, shall adopt a standardized method of procedure for the withholding of CPR by physicians, certified nurse-midwives, clinical nurse specialists, certified nurse practitioners, emergency medical services personnel, and health care facilities in accordance with sections 2133.21 to 2133.26 of the Revised Code. The standardized method shall specify criteria ... |
Section 2135.04 | When declaration becomes operative.
...ive when both of the following apply: (1) The declaration is communicated to a mental health treatment provider of the declarant. (2) The designated physician or a psychiatrist, and one other mental health treatment provider, who examine the declarant determine that the declarant does not have the capacity to consent to mental health treatment decisions. At least one of the two persons who make this determination s... |
Section 2135.07 | Treatment provider unwilling to comply with declaration.
...y if either of the following applies: (1) The declarant has been committed as a patient under Chapter 2945. or 5122. of the Revised Code, and, if the court knows of the declaration, the committing court acknowledges the existence of the declaration and specifically orders treatment in a manner contrary to the declaration. (2) An emergency situation endangers the life or health of the declarant or others. |
Section 2137.02 | Applicability.
...pter applies to all of the following: (1) An agent acting under a power of attorney executed before, on, or after the effective date of this section ; (2) A personal representative acting for a decedent who died before, on, or after the effective date of this section ; (3) A guardianship proceeding commenced before, on, or after the effective date of this section ; (4) A trustee acting under a trust created befor... |