Ohio Revised Code Search
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Section 2106.08 | Election made by one under legal disability.
...the facts come to the knowledge of the probate court, the probate court shall appoint some suitable person to ascertain the value of the provision made for the surviving spouse by the testator, the value of the rights of the surviving spouse in the estate of the testator under Chapter 2105. of the Revised Code, and the adequate support needs of the surviving spouse after taking into consideration the other ava... |
Section 2106.18 | Transfer of automobile titles.
...administrator, with the approval of the probate court, may transfer title to an automobile owned by the decedent to any of the following: (1) The surviving spouse, when the automobile is purchased by the surviving spouse pursuant to section 2106.16 of the Revised Code; (2) A distributee; (3) A purchaser. (C) The executor or administrator may transfer title to an automobile owned by the decedent without the approv... |
Section 2107.01 | Will construed.
... includes codicils to wills admitted to probate, lost, spoliated, or destroyed wills, and instruments declared valid under division (A)(1) of section 5817.10 of the Revised Code, but "will" does not include inter vivos trusts or other instruments that have not been admitted to probate. (B) "Testator" means any person who makes a will. |
Section 2107.10 | Effect of withholding will.
...use it to be offered for or admitted to probate. The property devised or bequeathed to that beneficiary shall pass as if the beneficiary had predeceased the testator. (B) No property or right, testate or intestate, passes to a beneficiary named in a will when the will was declared valid by a court pursuant to division (A)(1) of section 5817.10 of the Revised Code, the declaration took place in a county different fro... |
Section 2107.30 | Original will may again be admitted to probate.
... original will may again be admitted to probate and record. |
Section 2107.47 | Protection of purchaser against will or later will.
...ident decedent, the will is offered for probate within three months after the death of the decedent, or unless, in the case of a nonresident decedent, the will is offered for record in this state within three months after the death of the decedent. (B) The title, estate, or interest of a bona fide purchaser, lessee, or encumbrancer, for value, in real property situated in this state, that is derived from a ben... |
Section 2107.74 | Order of probate prima-facie evidence of attestation, execution and validity of will.
...07.71 of the Revised Code, the order of probate is prima-facie evidence of the attestation, execution, and validity of the will or codicil. The contesting party may call any witness to the will as upon cross examination. |
Section 2108.82 | Assignment of right of disposition by probate court.
... with division (B) of this section, the probate court for the county in which the declarant or deceased person resided at the time of death may, on its own motion or the motion of another person, assign to any person the right of disposition for a declarant or deceased person. (B) In making a determination for purposes of division (A) of this section and division (C) of section 2108.79 of the Revised Code, the cou... |
Section 2108.90 | Exclusive jurisdiction of probate court over disputes.
...ection 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 2109.01 | Fiduciary defined.
...de, 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 and accounta... |
Section 2109.10 | Bond when executor or administrator is sole residuary legatee or distributee.
... give a bond to the satisfaction of the probate court conditioned as follows: (A) To pay the costs of administration and all the debts and legacies 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 ov... |
Section 2109.14 | Deposit of works of art in museum authorized - reduction of bond.
...seum or other similar institution, the probate court may authorize and direct that any or all of those works be deposited with a corporation conducting the museum or other similar institution; provided that no such deposit shall be authorized or directed except with a corporation 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 fiduci... |
Section 2109.17 | Sureties.
... and may be required to exhibit to the probate court satisfactory evidence of the ownership of the real property. No corporate surety shall be acceptable on a fiduciary's bond in the probate court unless the surety is acceptable to the United States government on surety bonds in the same amount, as shown by the regulations issued by the secretary of the treasury of the United States, or in any other manner, t... |
Section 2109.18 | Release of a fiduciary's sureties.
...may make application at 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... |
Section 2109.302 | Guardian or conservator rendering account.
...d in this section upon the order of the probate court issued for good cause shown either at its own instance or upon the motion of any person interested in the estate. Except as provided in division (B) of this section, every guardian or conservator shall render a final account within thirty days after completing the administration of the ward's estate or within any other period of time that the court may order... |
Section 2109.33 | Service of additional notice - exceptions to account.
... creditors as the court may direct. The probate court, after notice to the fiduciary upon the motion of any interested person for good cause shown or at its own instance, may order that a notice of the hearing is to be served upon persons the court designates. The notice shall be made by mail in addition to service by publication, shall set forth the time and place of the hearing, and shall specify the account... |
Section 2109.43 | Personal use of trust property prohibited.
...d by the use, that may be fixed by the probate court hearing the case. Those amounts shall be payable for the benefit of the beneficiary, if living, and to the beneficiary's estate if the beneficiary is deceased. In addition to the penalties under this section, the court may remove the fiduciary pursuant to section 2109.24 of the Revised Code for fraudulent conduct or dereliction of duty related to the fiducia... |
Section 2109.44 | Prohibited transactions; purchase of property.
... and then only with the approval of the probate court in each instance. No corporate fiduciary, as defined in section 1101.01 of the Revised Code, that is not subject to examination or regulatory oversight by the superintendent of financial institutions or the comptroller of the currency shall be permitted to deal with the estate, any power in the instrument creating the trust to the contrary notwithstanding. This se... |
Section 2109.46 | Mortgage by fiduciary.
...nistrator may, with the approval of the probate court, borrow money and mortgage real property belonging to the entrusted estate, whether the real property was acquired by purchase or by descent and distribution. The fiduciary proposing to borrow money shall file in the probate court that appointed the fiduciary a complaint describing all of the real property in the trust and stating the nature and amount of ... |
Section 2109.49 | Investigation of trust.
...The probate judge, if the probate judge considers it necessary or upon the written application of any party interested in the trust estate, may appoint a suitable person to investigate the administration of the trust or estate and report to the court. The expense of the investigation shall be taxed as costs against the party asking for the examination or the trust fund, as the court may decree. This section sha... |
Section 2109.53 | Judgment against fiduciary - removal.
... the fiduciary shall be removed by the probate court. If any portion of the estate, testamentary trust, or guardianship remains to be administered by the probate court at the time of the removal of the fiduciary, the court shall appoint a new fiduciary to continue the administrative process. A fiduciary that is removed shall not receive compensation for acting as fiduciary and shall be charged for the amount o... |
Section 2109.54 | Certificate of judgment - delivery to clerk of the court of common pleas.
...or a judgment has been rendered by the probate court under section 2109.52 of the Revised Code shall deliver to the clerk of the court of common pleas a certificate of that judgment in accordance with section 2329.04 of the Revised Code. The probate court shall complete and deliver the certificate to the fiduciary on demand. The clerk shall issue an execution of the court of common pleas for the amount of the ... |
Section 2111.022 | Emergency order to freeze assets of missing person.
...(A) A probate court, on its own motion or on application of an interested party, may issue an emergency ex parte order freezing the financial assets of an individual whom the court or applicant has reason to believe is missing or has gone or been taken to another state if it is reasonably certain that immediate action is required to prevent significant financial harm to the individual. The order may freeze the ... |
Section 2111.041 | Investigating circumstances of alleged incompetent.
...ode, the court shall require a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code or appoint a temporary probate court investigator to investigate the circumstances of the alleged incompetent, and, to the maximum extent feasible, to communicate to the alleged incompetent in a language or method of communication that the alleged incompetent can understand, the a... |
Section 2111.042 | Investigating and report regarding guardianship of minor.
... minor, the court may appoint a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code or appoint a temporary probate court investigator to investigate the need for, or the circumstances of, the guardianship and to file with the court a report that contains all of the following: (1) A brief description, as observed by the investigator, of the physical and mental conditio... |