Ohio Revised Code Search
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Section 2112.02 | International application of chapter.
...A probate court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter. |
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Section 2112.03 | Communication between courts.
...(A) A probate court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The probate court may allow the parties to participate in the communication. Except as otherwise provided in division (B) of this section, the probate court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (B) Probat... |
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Section 2112.04 | Cooperation between courts.
...(A) In a guardianship or protective proceeding in this state, a probate court of this state may request the appropriate court of another state to do any of the following: (1) Hold an evidentiary hearing; (2) Order a person in that state to produce evidence or give testimony pursuant to the procedures of that state; (3) Order that an evaluation or assessment be made of the respondent; (4) Order any appropriat... |
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Section 2112.05 | Taking testimony in another state.
...(A) In a guardianship proceeding or protective proceeding, in addition to other procedures that may be available, the testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The probate court on the court's own motion may order that the testimony of a witness be taken in another state and may prescribe the m... |
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Section 2112.22 | Special jurisdiction.
...(A) A probate court of this state lacking jurisdiction under section 2112.21 of the Revised Code has special jurisdiction to do any of the following: (1) Appoint a guardian in an emergency for a respondent who is physically present in this state; (2) Issue a protective order in an emergency with respect to the adult or to the real or tangible personal property located in this state; (3) Appoint a guardian fo... |
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Section 2112.23 | Exclusive and continuing jurisdiction.
...Except as otherwise provided in section 2112.22 of the Revised Code, a probate court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the probate court or the appointment or order expires by the appointment's or order's own terms. |
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Section 2112.24 | Appropriate forum.
...(A) A probate court of this state having jurisdiction under section 2112.21 of the Revised Code to appoint a guardian or issue a protective order may decline to exercise the court's jurisdiction if the probate court determines at any time that a court of another state is a more appropriate forum. (B) If a probate court of this state declines to exercise the court's jurisdiction under division (A) of this secti... |
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Section 2112.25 | Jurisdiction declined by reason of conduct.
...(A) If at any time a probate court of this state determines that the probate court has acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the probate court may do any of the following: (1) Decline to exercise jurisdiction; (2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of th... |
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Section 2112.26 | Notice of proceeding.
...If an application for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date that the application was filed, in addition to complying with the notice requirements of this state, the applicant shall give notice of the application to those persons who would be entitled to notice of the application if a proceeding were... |
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Section 2112.27 | Proceedings in more than one state.
...Except for an application for the appointment of a guardian in an emergency or issuance of a protective order in an emergency, if an application for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither application has been dismissed or withdrawn, the following rules apply: (A) If the probate court in this state has jurisdiction under section 2... |
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Section 2112.41 | Registration of guardianship orders.
...If a guardian has been appointed in another state and an application for the appointment of a guardian of the person is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a probate court, in any appropriate county of this state, certified c... |
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Section 2112.42 | Registration of guardianship orders.
...If a guardian of the estate has been appointed in another state and an application for the appointment of a guardian of the estate is not pending in this state, the guardian of the estate appointed in the other state, after giving notice to the appointing court of an intent to register, may register a protective order or guardianship in this state by filing as a foreign judgment in a probate court of this state... |
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Section 2112.43 | Effect of registration.
...(A) Upon the registration of a guardianship or protective order from another state, the guardian may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian is not a resident of this state, subject to any conditions imposed upon nonresident parties. (B) A probate... |
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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. |
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Section 2113.03 | Court may order estate released from administration.
...er notice to all interested parties by publication in a newspaper of general circulation in the county, unless the notices are waived or found unnecessary, the court, when satisfied that division (A)(1) or (2) of this section is satisfied, may enter an order relieving the estate from administration and directing delivery of personal property and transfer of real property to the persons entitled to the personal... |
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Section 2113.031 | Summary release from administration.
...e applicant in the presence of a notary public or a deputy clerk of the probate court; (d) Sets forth the following information if the decedent's estate includes a described type of asset: (i) If the decedent's estate includes a motor vehicle, the motor vehicle's year, make, model, body type, manufacturer's vehicle identification number, certificate of title number, and date of death value; (ii) If the decedent's ... |
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Section 2113.032 | Application for release of medical and billing records.
...ial and shall not be made available for public viewing unless otherwise provided for by law or subsequent court order. Upon obtaining the requested applicable records, and before the expiration of the applicable statute of limitations, the applicant shall file a report with the court certifying that all requested medical records and medical billing records have been received and shall indicate whether an administr... |
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Section 2113.04 | Payment of wages of deceased employee without administration.
...sion, 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 the wages or personal earnings do not exceed five thousand d... |
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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... |
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Section 2113.05 | Letters testamentary shall issue.
...When a will is approved and allowed, the probate court shall issue letters testamentary to the executor named in the will or to 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 i... |
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Section 2113.06 | To whom letters of administration shall be granted.
...(A) Administration of the estate of an intestate shall be granted to persons mentioned in this 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 voluntaril... |
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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... |
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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 ... |
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Section 2113.12 | Procedure if executor renounces.
...If a person named as executor in the will of a decedent, or nominated 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 c... |
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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... |