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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Ohio Revised Code Search

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Section 2108.88 | Refusal or resignation by assignee of right.

...(A) A person to whom a declarant's or deceased person's right of disposition has been assigned or reassigned pursuant to section 2108.70 or 2108.81 of the Revised Code may decline to exercise the right or resign after beginning to exercise the right. (B) A person described in division (A) of this section who resigns after beginning to exercise the right shall be subject to section 2108.89 of the Revised Code.

Section 2108.89 | Liability for costs of disposition.

...) A representative or successor who assumes liability for the cost of such goods and services by signing a written declaration that states that such an assumption is made; (B) A person to whom the right of disposition is assigned pursuant to section 2108.81 of the Revised Code and who has purchased goods or services associated with an exercise of the right.

Section 2108.90 | Exclusive jurisdiction of probate court over disputes.

...Pursuant to division (A) of section 2101.24 of the Revised Code, the probate court for the county in which the declarant or deceased person resided at the time of death or the county in which a living person whose post-death arrangements are the subject of dispute resides shall have exclusive jurisdiction over any action that results from sections 2108.70 to 2108.89 of the Revised Code.

Section 2108.99 | Penalty.

...Whoever violates division (A) of section 2108.18 or section 2108.19 of the Revised Code is guilty of a felony of the third degree.

Section 2109.01 | Fiduciary defined.

...Revised Code, appointed by and accountable to the probate court and acting in a fiduciary capacity for any person, or charged with duties in relation to any property, interest, trust, or estate for the benefit of another; and includes an agency under contract with the department of developmental disabilities for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code, appointed by an...

Section 2109.02 | Appointment and duties.

...e execution of a trust, shall receive letters of appointment from a probate court having jurisdiction of the subject matter of the trust. The duties of a fiduciary shall be those required by law, and such additional duties as the court orders. Letters of appointment shall not issue until a fiduciary has executed a written acceptance of the fiduciary's duties, acknowledging that the fiduciary is subject to re...

Section 2109.021 | Fiduciary filings by mail or in person.

...After letters of appointment are issued to a fiduciary, the court shall accept filings by mail in matters of estates, guardianships, or trusts, unless the court in writing notifies the fiduciary or attorney of record that a personal appearance is necessary, or a personal appearance is otherwise required by law. The court shall reject an improper or incomplete filing and shall return it to the sender.

Section 2109.03 | Fiduciary's attorney.

... of a fiduciary, the fiduciary shall file in the probate court the name of the attorney, if any, who will represent the fiduciary in matters relating to the trust. After the name of an attorney has been filed, notices sent to that fiduciary in the fiduciary's official capacity shall also be sent by the court to that attorney who may sign waiver of service of any or all of the notices upon the attorney. If the ...

Section 2109.04 | Bond.

...ument authorizing a fiduciary whom it names to serve without bond shall be construed to relieve a successor fiduciary from the necessity of giving bond, unless the instrument clearly evidences that intention. The court that appoints a fiduciary may reduce the amount of the bond of the fiduciary at any time for good cause shown. When two or more persons are appointed as joint fiduciaries, the court may take a s...

Section 2109.05 | Bond - trust created by will.

...will and not fully discharged, on the petition of an interested person and after notice to the trustee. If the trustee fails to give bond within the time ordered by the court, the court shall remove the trustee from the trust, or the trustee shall be considered to have declined it.

Section 2109.06 | New or additional bond.

...ureties in the prior bond shall nevertheless be liable for all breaches of the conditions set forth in the bond that are committed before the new bond is approved by the court. The court shall remove a fiduciary who fails within the time fixed by the court to furnish new or additional bond or sureties, and the court shall appoint a successor fiduciary.

Section 2109.07 | Bond conditions - administrator - when not required.

... that is to be administered and that comes to the administrator's possession or knowledge and an inventory of the deceased's interest in real property located in this state; (2) To administer and distribute according to law all tangible and intangible personal property of the deceased, the proceeds of any action for wrongful death or of any settlement, with or without suit, of a wrongful death claim, and the p...

Section 2109.08 | Bond conditions - special administrator.

...ll be conditioned as follows: (A) To file with the probate court within three months an inventory of the tangible and intangible personal property of the deceased that has or may come to the special administrator's possession or knowledge; (B) To account for the tangible and intangible personal property of the deceased and for the debts of the deceased that the special administrator receives as special administrato...

Section 2109.09 | Bond conditions - executor.

... that is to be administered and that comes to the executor's possession or knowledge and an inventory of the testator's interest in real property located in this state; (2) To administer and distribute according to law and the will of the testator all the testator's tangible and intangible personal property, the proceeds of any action for wrongful death or of any settlement, with or without suit, of a wrongful...

Section 2109.10 | Bond when executor or administrator is sole residuary legatee or distributee.

...of the decedent to the extent of the assets of the estate; (B) If there is a will, to pay over the testator's estate to the person entitled to the testator's estate if the will is set aside; (C) If there is no will offered at the opening of the estate, to pay over the testator's estate to the person entitled to the testator's estate if a will is probated after the administrator's initial appointment. The giv...

Section 2109.11 | Bond conditions - testamentary trustees.

... the trustee's administration at the times required by section 2109.303 of the Revised Code.

Section 2109.12 | Bond conditions - guardians.

...the guardian's administration at any times required by or pursuant to section 2109.302 of the Revised Code.

Section 2109.13 | Deposit of personal property in lieu of bond.

...ciary only if the court within its discretion, having regard for the purpose for which the order is requested, the disposition to be made of the assets as may be released, the value of the assets as related to the total value of the estate, and the period of time the assets will remain in the possession of the fiduciary, finds that the original bond previously given and then in force will be sufficient to protect the...

Section 2109.14 | Deposit of works of art in museum authorized - reduction of bond.

...n having a net worth of at least ten times the value of the works to be deposited. The deposit shall be made in the name of the fiduciary, and the property deposited shall not be withdrawn from the custody of the depository or otherwise deposited except upon the special order of the court. The probate judge may impose any conditions relative to insurance and the care and protection of the property deposited th...

Section 2109.15 | Informality of bond.

...uch bond or because of informality or illegality in the appointment of such fiduciary. Such bond shall have the same effect as if the appointment had been legally made and the bond executed in proper form.

Section 2109.16 | One bond for two or more wards.

...n such cases, only one application for letters of guardianship is necessary, and the letters issued to such guardian shall be in one copy and not one copy for each minor. The probate court approving and recording the bond of the guardian, if any, and issuing such letters shall charge the fees allowed by section 2101.16 of the Revised Code for such services. Such fees shall be charged but once for all the wards and no...

Section 2109.17 | Sureties.

...eties shall own real property worth double the sum to be secured, over and above all encumbrances, and shall have property in this state liable to execution equal to the sum to be secured. If two or more sureties are offered on the same bond, they must have in the aggregate the qualifications prescribed in this section. The sureties shall qualify under oath and may be required to exhibit to the probate court sa...

Section 2109.18 | Release of a fiduciary's sureties.

...t any time to the probate court to be released from the bond of such fiduciary. Such surety shall file a written request therefor with the probate judge of such court and give at least five days' notice in writing to such fiduciary. If, upon the hearing, the court is of the opinion that there is good reason therefor, it shall release such surety. The death of a surety shall always be good cause. A fiduciary may mak...

Section 2109.19 | Bond of indemnity to surety.

...ciary's bond the probate court granting letters of appointment to the fiduciary may order the fiduciary to render an account and to execute to the surety a bond of indemnity with sureties approved by the court. Upon neglect or refusal to execute the bond within the time ordered, the court may remove the fiduciary, revoke the fiduciary's letters of appointment, and appoint another fiduciary in the fiduciary's pl...

Section 2109.20 | Guardian may give real property mortgage to secure bond.

...shall furnish to the probate court a title guarantee or a mortgagee's title insurance policy for the benefit of the guardianship, with respect to the real property, and it shall be shown to the court's satisfaction that, exclusive of improvements on the real property, the real property is of a value sufficient to secure the bond. The mortgage shall be recorded in the county in which the property is situated and...