Ohio Rev. Code § 2152.55 — Ohio Revised Code / Title 21 / Chapter 2152 / § 2152.55
§ 2152.55. Evaluation process
Status: in_force

September 30, 2011 House Bill 86 - 129th General Assembly (A) If a court orders a child to receive an evaluation under section 2152.53 of the Revised Code, the child and the child's parents, guardians, or custodians shall be available at the times and places established by the evaluator who conducts the evaluation. The evaluation shall be performed in the least restrictive setting available that will both facilitate an evaluation and maintain the safety of the child and community. If the child has been released on temporary or interim orders and refuses or fails to submit to the evaluation, the court may amend the conditions of the orders in whatever manner necessary to facilitate an evaluation. (B) The court shall provide in its evaluation order that the evaluator shall have access to all relevant private and public records related to the child, including competency evaluations and reports conducted in prior delinquent child proceedings. The court may include an order for all relevant private and public records related to the child in the journal entry ordering the evaluation. (C) Within ten business days after the court appoints an evaluator, the prosecuting attorney shall deliver to the evaluator copies of relevant police reports and other background information that pertain to the child and that are in the prosecuting attorney's possession, except for any information that the prosecuting attorney determines would, if released, interfere with the effective prosecution of any person or create a substantial risk of harm to any person. (D) Within ten business days after the court appoints an evaluator, the child's attorney shall deliver to the evaluator copies of relevant police reports and other background information that pertain to the child and that are in the attorney's possession and that is not protected by attorney-client privilege.
Ohio Rev. Code § 2107.50 — Ohio Revised Code / Title 21 / Chapter 2107 / § 2107.50
§ 2107.50. Property acquired subsequent to will
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly Any estate, right, or interest in any property of which a decedent had an interest at the time of the decedent's death shall pass under the decedent's will unless the will manifests a different intention.
Ohio Rev. Code § 2151.45 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.45
§ 2151.45. Emancipated young adult and representative defined
Status: in_force

September 30, 2025 House Bill 96 - 136th General Assembly As used in sections 2151.45 to 2151.455 of the Revised Code, "emancipated young adult" and "representative" have the same meanings as in section 5180.42 of the Revised Code. Last updated July 18, 2025 at 12:47 PM
Ohio Rev. Code § 2151.3524 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.3524
§ 2151.3524. [Former R.C. 2151.3522, renumbered by S.B. 332, 131st General Assembly, effective 4/6/2017] Agency granted temporary custody to treat deserted child as neglected child
Status: in_force

April 6, 2017 Senate Bill 332 - 131st General Assembly A public children services agency or private child placing agency that receives temporary custody of a child adjudicated a deserted child shall prepare case plans, conduct investigations, conduct periodic administrative reviews of case plans, and provide services for the deserted child as if the child were adjudicated a neglected child and shall follow the same procedures under this chapter in performing those functions as if the deserted child was a neglected child. Last updated October 16, 2024 at 2:36 PM
Ohio Rev. Code § 2113.48 — Ohio Revised Code / Title 21 / Chapter 2113 / § 2113.48
§ 2113.48. Action to complete contract to sell land
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly When a person who has entered into a written contract for the sale and conveyance of an interest in real property dies before its completion, the executor or administrator of the decedent's estate, if not required to otherwise dispose of the contract, may, with the consent of the purchaser, obtain authority to complete the contract by filing an application for that authority in the probate court of the county in which the executor or administrator was appointed. Notice of the time of hearing on the application shall be given to the surviving spouse and heirs, if the decedent died intestate, and to the surviving spouse and devisees or legatees having an interest in the contract, if the decedent died testate. If the court is satisfied that it would be for the best interests of the estate, it may authorize the executor or administrator to complete the contract and to execute and deliver to the purchaser the instruments that are required to make the order of the court effective.
Ohio Rev. Code § 2151.3515 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.3515
§ 2151.3515. Desertion of child definitions
Status: in_force

March 20, 2025 Senate Bill 196 - 135th General Assembly As used in sections 2151.3515 to 2151.3533 of the Revised Code: (A) "Emergency medical service organization," "emergency medical technician-basic," "emergency medical technician-intermediate," "first responder," and "paramedic" have the same meanings as in section 4765.01 of the Revised Code. (B) "Emergency medical service worker" means a first responder, emergency medical technician-basic, emergency medical technician-intermediate, or paramedic. (C) "Hospital" has the same meaning as in section 3727.01 of the Revised Code. (D) "Hospital employee" means any of the following persons: (1) A physician or advanced practice registered nurse who has been granted privileges to practice at the hospital; (2) A nurse, physician assistant, or nursing assistant employed by the hospital; (3) An authorized person employed by the hospital who is acting under the direction of a physician or nurse described in division (D)(1) of this section. (E) "Law enforcement agency" means an organization or entity made up of peace officers. (F) "Nurse" means a person who is licensed under Chapter 4723. of the Revised Code to practice as a registered nurse or licensed practical nurse. (G) "Nursing assistant" means a person designated by a hospital as a nurse aide or nursing assistant whose job is to aid nurses, physicians, and physician assistants in the performance of their duties. (H) "Peace officer" means a sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, or a state highway patrol trooper. (I) "Peace officer support employee" means an authorized person employed by a law enforcement agency who is acting under the direction of a peace officer. (J) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery. (K) "Physician assistant" means an individual who holds a current, valid license to practice as a physician assistant issued under Chapter 4730. of the Revised Code. (L) "Advanced practice registered nurse" has the same meaning as in section 4723.01 of the Revised Code. Last updated January 27, 2025 at 4:23 PM
Ohio Rev. Code § 2117.02 — Ohio Revised Code / Title 21 / Chapter 2117 / § 2117.02
§ 2117.02. Presentation of claim to probate court
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly An executor or administrator within three months after the date of appointment shall present any claim the executor or administrator has against the estate to the probate court for allowance. The claim shall not be paid unless allowed by the court. When an executor or administrator presents a claim amounting to five hundred dollars or more, the court shall fix a day not less than four nor more than six weeks from its presentation, when the testimony touching it shall be heard. The court shall issue an order directed to the executor or administrator requiring the executor or administrator to give notice in writing to all the heirs, legatees, or devisees of the decedent interested in the estate, and to the creditors named in the order. The notice shall contain a statement of the amount claimed, designate the time fixed for hearing the testimony, and be served upon the persons named in the order at least twenty days before the time for hearing. If any persons mentioned in the order are not residents of the county, service of notice may be made upon them by publication for three consecutive weeks in a newspaper published or circulating in the county, or as the court may direct. All persons named in the order shall be parties to the proceeding, and any other person having an interest in the estate may be made a party.
Ohio Rev. Code § 2109.54 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.54
§ 2109.54. Certificate of judgment - delivery to clerk of the court of common pleas
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly The fiduciary in whose favor 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 judgment and the costs that have accrued or that may accrue on the judgment. Thenceforth proceedings on execution shall be the same as if the judgment had been rendered in that court of common pleas.
Ohio Rev. Code § 2105.25 — Ohio Revised Code / Title 21 / Chapter 2105 / § 2105.25
§ 2105.25. Filing declaration alleging fatherhood of adult child
Status: in_force

October 31, 2001 House Bill 85 - 124th General Assembly (A) As used in this section and section 2105.26 of the Revised Code: (1) "Adult child" means a person born in this state who is twenty-three years old or older. (2) "Genetic test" has the same meaning as in section 3111.09 of the Revised Code. (B) A man alleging himself to be the father of an adult child, the adult child's mother, and the adult child may appear together before the probate judge of the county in which the man resides and jointly file a declaration stating that the man is the adult child's father and requesting that the court issue an order declaring the man to be the adult child's father. The declaration must state that the adult child's birth certificate does not designate anyone as the adult child's father, the request for the order is made freely and voluntarily by all parties appearing before the court, and genetic test results show the man is the adult child's father. A copy of the birth certificate and the genetic test results must be attached to the declaration. (C) The man alleging himself to be the adult child's father and the adult child may appear before the court without the adult child's mother and file the declaration if the mother is deceased or has been adjudicated incompetent. If the man alleging himself to be the adult child's father is not a resident of this state, appearance under this section may be made before a probate judge of any county of this state.
Ohio Rev. Code § 2108.75 — Ohio Revised Code / Title 21 / Chapter 2108 / § 2108.75
§ 2108.75. Disqualification of assignee of right of disposition
Status: in_force

September 13, 2022 Senate Bill 224 - 134th General Assembly (A) A person shall be disqualified from serving as a representative or successor representative, or from having the right of disposition for a deceased person pursuant to section 2108.81 of the Revised Code, if any of the following occurs: (1) The person dies. (2) A probate court declares or determines that the person is incompetent. (3) The person resigns or declines to exercise the right as described in section 2108.88 of the Revised Code. (4) The person fails to exercise the right within forty-eight hours after notification of the declarant's or deceased person's death or, if there is no notification, within seventy-two hours of either of the following, as applicable: (a) The declarant's or deceased person's death; (b) The discovery of the declarant's or deceased person's remains, when such discovery occurs more than an hour after the declarant's or deceased person's death. (5) The person cannot be located with reasonable effort. (6) The person meets the criteria described in section 2108.76 or 2108.77 of the Revised Code. (7) The person refuses to assume the liability for the costs of disposition. (B) No owner, employee, or agent of a funeral home, cemetery, or crematory providing funeral, burial, or cremation services for a declarant shall serve as a representative or successor representative for the declarant unless the owner, employee, or agent is related to the declarant by blood, marriage, or adoption. (C) Subject to divisions (C)(2) and (D) of section 2108.70 of the Revised Code, if a person is disqualified from serving as the declarant's representative or successor representative, or from having the right of disposition for a deceased person pursuant to section 2108.81 of the Revised Code, as described in division (A) of this section, the right is automatically reassigned to, and vests in, the next person who has the right pursuant to the declarant's written declaration or pursuant to the order of priority in section 2108.81 of the Revised Code. If a right of disposition for a deceased person is assigned to a funeral director under division (B)(9) of section 2108.81 of the Revised Code, the funeral director is not liable for the cost of disposition. Last updated July 15, 2022 at 2:03 PM
Ohio Rev. Code § 2117.42 — Ohio Revised Code / Title 21 / Chapter 2117 / § 2117.42
§ 2117.42. Creditors may proceed against all in one action
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly If, in the cases specified in section 2117.41 of the Revised Code, more than one person is liable for the debt, the creditor shall proceed by one action to recover the debt against all so liable, or as many of them who are within the reach of process. By the verdict of a jury if either party requires it, the court shall determine what sum is due to the plaintiff. The jury also, according to the equities of the case, shall decide how much each of the defendants is liable to pay toward the satisfaction of the debt and the court shall render judgment accordingly. No suit shall be dismissed or debarred for not making all the persons defendants who might have been included as defendants. In any stage of the cause the court may award process to bring in other parties and allow amendments necessary to charge them, as defendants, upon the terms that it considers reasonable. If any of the persons who were originally liable for the debt is insolvent or unable to pay the person's proportion, or is beyond the reach of process, the others nevertheless shall be liable to the creditor for the whole amount of the debt; except that no one shall be compelled to pay more than the amount received by the person from the decedent's estate. If, in consequence of insolvency, absence, or other cause, any of the persons liable for the debt fails to pay the person's just proportion to the creditor, the person shall be liable to indemnify all who, by reason of that person's failure, have paid more than their just proportion of the debt, such indemnity to be recovered by all of them jointly or in separate actions, by any one or more of them for their respective parts, at their election. Disclaimer Contact About
Ohio Rev. Code § 2107.28 — Ohio Revised Code / Title 21 / Chapter 2107 / § 2107.28
§ 2107.28. Will lost, spoliated, or destroyed after admission to probate
Status: in_force

July 23, 2002 House Bill 345 - 124th General Assembly If a will is lost, spoliated, destroyed, mislaid, or stolen, after it has been admitted to probate but before it has been recorded, upon notice being given to the persons as provided by section 2107.27 of the Revised Code, the probate court may hear testimony. If the court is satisfied that the contents of the will have been substantially proved, the court may record the will as thus proven. The record shall have all the effects of a record of the original will.
Ohio Rev. Code § 2109.302 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.302
§ 2109.302. Guardian or conservator rendering account
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly (A) Every guardian or conservator shall render an account of the administration of the ward's estate at least once in each two years. The guardian or conservator shall render an account at any time other than a time otherwise mentioned 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. Every account shall include an itemized statement of all receipts of the guardian or conservator during the accounting period and of all disbursements and distributions made by the guardian or conservator during the accounting period. The itemized disbursements and distributions shall be verified by vouchers or proof, except in the case of an account rendered by a corporate fiduciary subject to section 1111.28 of the Revised Code. In addition, the account shall include an itemized statement of all funds, assets, and investments of the estate known to or in the possession of the guardian or conservator at the end of the accounting period and shall show any changes in investments since the last previous account. Every account shall be upon the signature of the guardian or conservator. When two or more guardians or conservators render an account, the court may allow the account upon the signature of one of the guardians or conservators. Upon the filing of every account, the guardian or conservator, except a corporate fiduciary subject to section 1111.28 of the Revised Code, shall exhibit to the court for its examination both of the following: the securities shown in the account as being in the possession or under the control of the guardian or conservator, or the certificate of the person in possession of the securities, if held as collateral or pursuant to section 2109.13 or 2131.21 of the Revised Code; and a passbook or certified bank statement showing as to each depository the fund deposited to the credit of the ward's estate. The court may designate a deputy clerk, an agent of a corporate surety on the bond of the guardian or conservator, or another suitable person whom the court appoints as commissioner to make the examination and to report the person's findings to the court. If securities are located outside the county, the court may appoint a commissioner or request another probate court to make the examination and to report its findings to the court. The court may examine the guardian or conservator under oath concerning the account. If a guardian or conservator is authorized by law to distribute the assets of the estate, in whole or in part, the guardian or conservator may do so and include a report of the distribution in the guardian's or conservator's succeeding account. (B)(1) The court may waive, by order, an account that division (A) of this section requires of a guardian of the estate or of a guardian of the person and estate, other than an account made pursuant to court order, if any of the following circumstances apply: (a) The assets of the estate consist entirely of real property. (b) The assets of the estate consist entirely of personal property, that property is held by a bank, savings and loan association, or trust company in accordance with section 2109.13 of the Revised Code, and the court has authorized expenditures of not more than ten thousand dollars annually for the support, maintenance, or, if applicable, education of the ward. (c) The assets of the estate consist entirely of real property and of personal property that is held by a bank, savings and loan association, or trust company in accordance with section 2109.13 of the Revised Code, and the court has authorized expenditures of not more than ten thousand dollars annually for the support, maintenance, or, if applicable, education of the ward. (2) The order of a court entered pursuant to division (B)(1) of this section is prima-facie evidence that a guardian of the estate or a guardian of the person and estate has authority to make expenditures as described in divisions (B)(1)(b) and (c) of this section. (3) Notwithstanding the requirements for accounts by other guardians under this section, a guardian of the person is not required to render an account except upon an order of the court that the court issues for good cause shown either at its own instance or upon the motion of any person interested in the estate.
Ohio Rev. Code § 2151.3533 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.3533
§ 2151.3533. Supervision of newborn safety incubators
Status: in_force

October 3, 2023 House Bill 33 - 135th General Assembly (A) In adopting the rules described in division (A)(4) of section 2151.3532 of the Revised Code, the director of health shall specify that a newborn safety incubator is deemed to be supervised when either of the following is the case: (1) A person authorized by section 2151.3517 of the Revised Code to take possession of a child is present at the facility where the incubator is located to take possession of a child placed in the incubator. (2) An alternate peace officer, peace officer support employee, hospital employee, or emergency medical service worker is dispatched by a secondary alarm that triggers a 9-1-1 call, in accordance with division (A)(1)(f) of section 2151.3532 of the Revised Code, when either of the following is the case: (a) No individual described in division (A) of this section who is present at the facility responds within a reasonable amount of time after a child is placed in the incubator. (b) Every individual described in section 2151.3517 of the Revised Code who is scheduled to work at the facility when a parent places a child into the incubator has been dispatched on an emergency call. (B) A person authorized by section 2151.3517 of the Revised Code to take possession of a child is not liable in damages in a civil action for injury, death, or loss to person or property resulting from the person's failure to respond within a reasonable amount of time after a child is placed in the incubator or after the person is dispatched by a secondary alarm, unless that failure constitutes willful or wanton misconduct. Last updated September 25, 2023 at 5:28 PM
Ohio Rev. Code § 2151.58 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.58
§ 2151.58. Appointment of compact administrator
Status: in_force

June 30, 2011 Senate Bill 122 - 129th General Assembly (A) The governor shall appoint the director of youth services as the compact administrator for the interstate compact for juveniles. (B) The governor shall appoint the compact administrator or shall allow the compact administrator to appoint a designee to serve as the commissioner from this state on the interstate commission for juveniles.
Ohio Rev. Code § 2151.4230 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.4230
§ 2151.4230. [Recodified from R.C. 2151.4220] Compliance determination
Status: in_force

January 1, 2025 House Bill 33 - 135th General Assembly The department of children and youth shall determine that a public children services agency is compliant regarding the memorandum of understanding if the department finds all of the following: (A) The memorandum meets the requirements under sections 2151.4220 to 2151.4226 of the Revised Code. (B) The memorandum has been either reviewed and signed or reviewed, updated, and signed, as applicable, pursuant to division 2151.4222 of the Revised Code and the department is in agreement with the concerned officials' review and, if applicable, update. (C) The memorandum has been approved by resolution by the board of county commissioners pursuant to section 2151.4225 of the Revised Code. Last updated January 1, 2025 at 6:39 AM
Ohio Rev. Code § 2112.02 — Ohio Revised Code / Title 21 / Chapter 2112 / § 2112.02
§ 2112.02. International application of chapter
Status: in_force

March 22, 2013 House Bill 27 - 129th General Assembly A probate court of this state may treat a foreign country as if it were a state for the purpose of applying this chapter.
Ohio Rev. Code § 2108.86 — Ohio Revised Code / Title 21 / Chapter 2108 / § 2108.86
§ 2108.86. Right to rely on declaration and instructions
Status: in_force

October 12, 2006 House Bill 426 - 126th General Assembly (A) A funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a declarant's funeral, burial, cremation, or other manner of final disposition has the right to rely on the content of a written declaration and the instructions of the person or group of persons whom the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition. (B) If the circumstances described in division (A) of section 2108.81 of the Revised Code apply, a funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person's funeral, burial, cremation, or other manner of final disposition has the right to rely on the instructions of the person or group of persons the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition pursuant to section 2108.81 of the Revised Code. (C) No funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person asked to assist with a deceased person's funeral, burial, cremation, or other manner of final disposition, who relies, pursuant to divisions (A) and (B) of this section, in good faith on the contents of a written declaration or the instructions of the person or group of persons the funeral home, funeral director, crematory operator, cemetery operator, cemetery organization, or other person reasonably believes has the right of disposition, shall be subject to criminal or civil liability or subject to disciplinary action for taking an action or not taking an action in reliance on such contents or instructions and for otherwise complying with sections 2108.70 to 2108.90 of the Revised Code.
Ohio Rev. Code § 2117.18 — Ohio Revised Code / Title 21 / Chapter 2117 / § 2117.18
§ 2117.18. Personal property taxes, penalties, and interest
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly Taxes, penalties, and interest placed on a duplicate or added by the county auditor or the tax commissioner because of a failure to make a return or because of a false or incomplete return for taxation shall be a debt of a decedent and have the same priority and be paid as other taxes. Those taxes, penalties, and interest shall be collectible out of the property of the estate either before or after distribution, by any means provided for collecting other taxes. No distribution or payment of inferior debts or claims shall defeat that collection, but the tax, penalty, or interest shall not be added before notice to the executor or administrator, and before an opportunity is given to the executor or administrator to be heard. All taxes omitted by the deceased shall be charged on the tax lists and duplicate in the deceased's name. In all additions to the personal tax lists and duplicate under this section, each succeeding tax year shall be considered as beginning at the time of the completion of the annual settlement of the duplicate for the previous year with the county treasurer.
Ohio Rev. Code § 2105.06 — Ohio Revised Code / Title 21 / Chapter 2105 / § 2105.06
§ 2105.06. Statute of descent and distribution
Status: in_force

March 23, 2015 Senate Bill 207 - 130th General Assembly When a person dies intestate having title or right to any personal property, or to any real property or inheritance, in this state, the personal property shall be distributed, and the real property or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course: (A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes; (B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse; (C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes; (D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes; (E) If there are no children or their lineal descendants, then the whole to the surviving spouse; (F) Except as provided in section 2105.062 of the Revised Code, if there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent; (G) Except as provided in section 2105.062 of the Revised Code, if there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes; (H) Except as provided in section 2105.062 of the Revised Code, if there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them; (I) Except as provided in section 2105.062 of the Revised Code, if there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among the next of kin; (J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes; (K) If there are no stepchildren or their lineal descendants, escheat to the state.
Ohio Rev. Code § 2153.16 — Ohio Revised Code / Title 21 / Chapter 2153 / § 2153.16
§ 2153.16. Jurisdiction of court
Status: in_force

January 1, 2002 Senate Bill 179 - 123rd General Assembly The juvenile court shall exercise the jurisdiction and powers conferred upon the court by Chapters 2151. and 2152. and other sections of the Revised Code, unless the jurisdiction and powers are inconsistent with sections 2153.01 to 2153.17 of the Revised Code or are plainly inapplicable.
Ohio Rev. Code § 2111.43 — Ohio Revised Code / Title 21 / Chapter 2111 / § 2111.43
§ 2111.43. Foreign wards and guardians
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly Wards living outside this state and owning lands within it are entitled to the benefit of Chapters 2101. to 2131., inclusive, of the Revised Code. Guardians appointed by foreign courts for nonresident wards may bring and maintain actions and enforce the collection of judgments rendered in such cases in their favor in the manner and to the extent that they could if appointed in this state, upon giving security for the costs which may accrue therein as other nonresidents do under sections 2323.30 to 2323.36 , inclusive, of the Revised Code.
Ohio Rev. Code § 2109.59 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.59
§ 2109.59. Failure of fiduciary to make payment or distribution
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly If a fiduciary, upon demand, refuses or neglects to pay any creditor whose claim has been allowed by the fiduciary and not subsequently rejected or to pay any creditor or make distribution to any person interested in the estate whose claim or interest has been established by judgment, decree, or order of court, including an order of distribution, the creditor or other person may file a petition against the fiduciary in the probate court from which the fiduciary received the fiduciary's appointment to enforce the payment or distribution, briefly setting forth in the petition the amount and nature of the creditor's or other person's claim or interest. The petition shall not be filed against an executor or administrator until the expiration of the period prescribed in section 2117.30 of the Revised Code. When the petition is filed, the probate court shall issue a citation to the fiduciary setting forth the filing of the petition and the nature of the claim of the petitioner and commanding the fiduciary to appear before the court on the return day to answer and show cause why a judgment should not be rendered or order entered against the fiduciary. The citation shall be returnable not less than twenty nor more than forty days from its date and shall be served and returned by an officer as in the case of summons. The citation may issue to any county in the state. On the return of the citation, the cause shall be set for hearing, unless for good cause shown it is continued. The probate court may hear and determine all questions necessary to ascertain and fix the amount due from the fiduciary to the petitioner and render the judgment or make the order that may be proper. If necessary, the court may hear, determine, and settle the rights and claims of all parties interested in the subject matter of the petition. For that purpose the probate court may allow all parties in interest to be made parties to the petition by amended, supplemental, or cross-petition. The court shall cause notice to be served on all the parties in the manner provided in this section for service of the citation upon the fiduciary. In any proceeding under this section, the sureties on the bond of the fiduciary, if made parties to the proceeding, may make any defense that the fiduciary could make and the court may render the judgment or make the order with respect to the sureties that may be proper.
Ohio Rev. Code § 2108.37 — Ohio Revised Code / Title 21 / Chapter 2108 / § 2108.37
§ 2108.37. Violation; civil actions
Status: in_force

September 28, 2018 House Bill 332 - 132nd General Assembly (A) Whenever it appears that a covered entity has violated or is violating section 2108.36 of the Revised Code, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with that section. The action shall be commenced in the court of common pleas of the county in which the violation occurred or is occurring. (B) In an action commenced under this section, the court shall schedule a hearing as soon as practicable and shall apply the same standards when rendering judgment as would be applied in an action brought in federal court under the "Americans with Disabilities Act of 1990," 42 U.S.C. 12101 et seq. (C) This section does not create a right to compensatory or punitive damages against a covered entity.
Ohio Rev. Code § 2151.3516 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.3516
§ 2151.3516. Delivery of child by parent to persons authorized to take possession of deserted child
Status: in_force

October 3, 2023 House Bill 33 - 135th General Assembly A parent may voluntarily deliver the parent's child who is not older than thirty days, without intent to return for the child, to any of the following: (A) An entity or person specified in section 2151.3517 of the Revised Code; (B) A peace officer, peace officer support employee, hospital employee, or emergency medical service worker specified in section 2151.3517 of the Revised Code, by calling 9-1-1 and waiting with the child until the officer, support employee, employee, or worker arrives and takes possession of the child; (C) A newborn safety incubator provided by an entity specified in section 2151.3517 of the Revised Code and that meets the requirements of section 2151.3532 of the Revised Code. Last updated September 20, 2023 at 2:15 PM
Ohio Rev. Code § 2151.3510 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.3510
§ 2151.3510. Notice to public children services agency of intended commitment order
Status: in_force

January 1, 2002 Senate Bill 179 - 123rd General Assembly Before a juvenile court issues an order of disposition pursuant to division (A)(1) of section 2151.354 or 2152.19 of the Revised Code committing an unruly or delinquent child to the custody of a public children services agency, it shall give the agency notice in the manner prescribed by the Juvenile Rules of the intended dispositional order.
Ohio Rev. Code § 2151.05 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.05
§ 2151.05. Child without proper parental care
Status: in_force

November 28, 1975 House Bill 85 - 111th General Assembly Under sections 2151.01 to 2151.54 of the Revised Code, a child whose home is filthy and unsanitary; whose parents, stepparents, guardian, or custodian permit him to become dependent, neglected, abused, or delinquent; whose parents, stepparents, guardian, or custodian, when able, refuse or neglect to provide him with necessary care, support, medical attention, and educational facilities; or whose parents, stepparents, guardian, or custodian fail to subject such child to necessary discipline is without proper parental care or guardianship.
Ohio Rev. Code § 2101.05 — Ohio Revised Code / Title 21 / Chapter 2101 / § 2101.05
§ 2101.05. Oaths and depositions
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly A probate judge may administer oaths, take acknowledgment of instruments in writing required to be acknowledged, and take depositions. Depositions taken according to sections 2319.05 to 2319.31 , inclusive, of the Revised Code, to be used on the trial of civil cases, may be taken and used on the trial of any question before the probate court. Last updated September 25, 2023 at 11:49 AM
Ohio Rev. Code § 2127.24 — Ohio Revised Code / Title 21 / Chapter 2127 / § 2127.24
§ 2127.24. Vacancy in appraisers
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly If a person appointed by the court under section 2127.22 of the Revised Code as an appraiser fails to discharge the person's duties, the probate judge on the judge's own motion or on the motion of the executor, administrator, or guardian may appoint another appraiser.
Ohio Rev. Code § 2108.09 — Ohio Revised Code / Title 21 / Chapter 2108 / § 2108.09
§ 2108.09. Anatomical gift after donor's death
Status: in_force

April 7, 2009 House Bill 529 - 127th General Assembly (A) Subject to divisions (B) and (C) of this section, and unless barred by section 2108.07 or 2108.08 of the Revised Code, an anatomical gift of a decedent's body or part for purpose of transplantation, therapy, research, or education may be made in the manner provided for under section 2108.10 of the Revised Code by any member of the following classes of persons who is reasonably available, in the following order of priority: (1) An agent of the decedent at the time of death who could have made an anatomical gift under division (B) of section 2108.04 of the Revised Code immediately before the decedent's death; (2) The decedent's surviving spouse; (3) The decedent's surviving adult children; (4) The decedent's surviving parent or parents; (5) The decedent's surviving adult siblings; (6) The decedent's surviving adult grandchildren; (7) The decedent's surviving grandparent or grandparents; (8) A surviving adult who exhibited special care and concern for the decedent; (9) The persons who were acting as the guardians of the person of the decedent at the time of death; (10) The persons, other than those in divisions (A)(1) to (9) of this section, to whom the right of disposition for the decedent's body has been assigned pursuant to section 2108.70 of the Revised Code or who have the right of disposition for the decedent's body as described in section 2108.81 of the Revised Code. (B) If there is more than one member of a class listed in division (A)(1), (3), (4), (5), (6), (7), or (9) of this section entitled to make an anatomical gift, an anatomical gift may be made by a single member of the class unless that member or a person to which the gift may pass under section 2108.11 of the Revised Code knows of an objection by another member of the class. If an objection is known, the gift may be made only by a majority of the members of the class who are reasonably available. (C) A person shall not make an anatomical gift if, at the time of the decedent's death, a person in a prior class under division (A) of this section is reasonably available to make or object to the making of an anatomical gift.
Ohio Rev. Code § 2151.65 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.65
§ 2151.65. Single-county and joint-county juvenile facilities for training, treatment, and rehabilitation
Status: in_force

January 1, 2002 Senate Bill 179 - 123rd General Assembly Upon the advice and recommendation of the juvenile judge, the board of county commissioners may provide by purchase, lease, construction, or otherwise a school, forestry camp, or other facility or facilities where delinquent children, as defined in section 2152.02 of the Revised Code, dependent children, abused children, unruly children, as defined in section 2151.022 of the Revised Code, or neglected children or juvenile traffic offenders may be held for training, treatment, and rehabilitation. Upon the joint advice and recommendation of the juvenile judges of two or more adjoining or neighboring counties, the boards of county commissioners of such counties may form themselves into a joint board and proceed to organize a district for the establishment and support of a school, forestry camp, or other facility or facilities for the use of the juvenile courts of such counties, where delinquent, dependent, abused, unruly, or neglected children, or juvenile traffic offenders may be held for treatment, training, and rehabilitation, by using a site or buildings already established in one such county, or by providing for the purchase of a site and the erection of the necessary buildings thereon. Such county or district school, forestry camp, or other facility or facilities shall be maintained as provided in Chapters 2151. and 2152. of the Revised Code. Children who are adjudged to be delinquent, dependent, neglected, abused, unruly, or juvenile traffic offenders may be committed to and held in any such school, forestry camp, or other facility or facilities for training, treatment, and rehabilitation. The juvenile court shall determine: (A) The children to be admitted to any school, forestry camp, or other facility maintained under this section; (B) The period such children shall be trained, treated, and rehabilitated at such facility; (C) The removal and transfer of children from such facility.
Ohio Rev. Code § 2151.141 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.141
§ 2151.141. Written request for records relating to alleged abused, neglected or dependent child
Status: in_force

April 10, 2001 House Bill 412, Senate Bill 179 - 123rd General Assembly (A) If a complaint filed with respect to a child pursuant to section 2151.27 of the Revised Code alleges that a child is an abused, neglected, or dependent child, any individual or entity that is listed in divisions (D)(1)(a) to (k) of section 2151.14 of the Revised Code and that is investigating whether the child is an abused, neglected, or dependent child, has custody of the child, is preparing a social history for the child, or is providing any services for the child may request any board of education, governing body of a chartered nonpublic school, public children services agency, private child placing agency, probation department, law enforcement agency, or prosecuting attorney that has any records related to the child to provide the individual or entity with a copy of the records. The request shall be in writing, describe the type of records requested, explain the need for the records, be accompanied by a copy of the complaint, and describe the relationship of the requesting individual or entity to the child. The individual or entity shall provide a copy of the request to the child in question, the attorney or guardian ad litem of the child, and the parent, guardian, or custodian of the child. (B)(1) Any board of education, governing body of a chartered nonpublic school, public children services agency, private child placing agency, probation department, law enforcement agency, or prosecuting attorney that has any records related to a child who is the subject of a complaint as described in division (A) of this section and that receives a request for a copy of the records pursuant to division (A) of this section shall comply with the request, unless the individual or entity determines that it is unable to do so because it is prohibited by law from complying with the request, the request does not comply with division (A) of this section, or a complaint as described in division (A) of this section has not been filed with respect to the child who is the subject of the requested records. If the individual or entity determines that it is unable to comply with the request, it shall file a motion with the court in which the complaint as described in division (A) of this section was filed or was alleged to have been filed requesting the court to determine the extent to which it is required to comply with the request for records. Upon the filing of the motion, the court immediately shall hold a hearing on the motion, determine the extent to which the movant is required to comply with the request for records, and issue findings of fact and conclusions of law in support of its determination. The determination of the court shall be final. If the court determines that the movant is required to comply with the request for records, it shall identify the specific records that must be supplied to the individual or entity that requested them. (2) In addition to or in lieu of the motion described in division (B)(1) of this section, a law enforcement agency or prosecuting attorney that receives a request for a copy of records pursuant to division (A) of this section may file a motion for a protective order as described in this division with the court in which the complaint as described in division (A) of this section was filed or alleged to have been filed. Upon the filing of a motion of that nature, the court shall conduct a hearing on the motion. If at the hearing the law enforcement agency or prosecuting attorney demonstrates that any of the following applies and if, after considering the purposes for which the records were requested pursuant to division (A) of this section, the best interest of the child, and any demonstrated need to prevent specific information in the records from being disclosed, the court determines that the issuance of a protective order is necessary, then the court shall issue a protective order that appropriately limits the disclosure of one or more specified records or specified information in one or more specified records: (a) The records or information in the records relate to a case in which the child is alleged to be a delinquent child or a case in which a child is transferred for trial as an adult pursuant to section 2152.12 of the Revised Code and Juvenile Rule 30, and the adjudication hearing in the case, the trial in the case, or other disposition of the case has not been concluded. (b) The records in question, or the records containing the information in question, are confidential law enforcement investigatory records, as defined in section 149.43 of the Revised Code. (c) The records or information in the records relate to a case in which the child is or was alleged to be a delinquent child or to a case in which a child is or was transferred for trial as an adult pursuant to section 2152.12 of the Revised Code and Juvenile Rule 30; another case is pending against any child or any adult in which the child is alleged to be a delinquent child, the child is so transferred for trial as an adult, or the adult is alleged to be a criminal offender; the allegations in the case to which the records or information relate and the allegations in the other case are based on the same act or transaction, are based on two or more connected transactions or constitute parts of a common scheme or plan, or are part of a course of criminal conduct; and the adjudication hearing in, trial in, or other disposition of the other case has not been concluded. (C) If an individual or entity is required to provide copies of records pursuant to this section, the individual or entity may charge a fee for the copies that does not exceed the cost of supplying them. (D) This section does not require, authorize, or permit the dissemination of any records or any information contained in any records if the dissemination of the records or information generally is prohibited by section 2151.142 or another section of the Revised Code and a waiver as described in division (B)(1) of section 2151.142 of the Revised Code or a specific provision of the Revised Code does not specifically authorize or permit the dissemination of the records or information pursuant to this section. The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Ohio Rev. Code § 2112.011 — Ohio Revised Code / Title 21 / Chapter 2112 / § 2112.011
§ 2112.011. Short title
Status: in_force

March 22, 2013 House Bill 27 - 129th General Assembly Chapter 2112. of the Revised Code may be cited as the Adult Guardianship and Protective Proceedings Jurisdiction Act.
Ohio Rev. Code § 2117.10 — Ohio Revised Code / Title 21 / Chapter 2117 / § 2117.10
§ 2117.10. Failure of lienholder to present claim
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly The failure of the holder of a valid lien upon any of the assets of an estate to present the lienholder's claim upon the indebtedness secured by the lien, as provided in this chapter, shall not affect the lien if the same is evidenced by a document admitted to public record, or is evidenced by actual possession of the real or personal property that is subject to the lien.
Ohio Rev. Code § 2151.467 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.467
§ 2151.467. Monthly agency visit to residential facility
Status: in_force

April 3, 2025 House Bill 315 - 135th General Assembly (A) A public children services agency or private child placing agency with custody of a child who is under the care and supervision of a residential facility shall conduct a monthly in-person visit to the residential facility to determine the well-being of the child. The agency shall maintain documentation of each visit and report concerns about the child to the department of children and youth in accordance with rules adopted under division (B) of this section. (B) Not later than ninety days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following: (1) Criteria for determining whether an agency shall report a concern to the department; (2) Criteria for determining whether an agency shall conduct a mandatory review of the placement of the child pursuant to section 2151.468 of the Revised Code. Last updated February 21, 2025 at 11:15 AM
Ohio Rev. Code § 2151.4220 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.4220
§ 2151.4220. [Recodified from R.C. 2151.4210] Memorandum of understanding required; signatories
Status: in_force

May 30, 2022 House Bill 4 - 134th General Assembly (A) Each public children services agency shall prepare a memorandum of understanding that is signed by all of the following: (1) If there is only one juvenile judge in the county, the juvenile judge of the county or the juvenile judge's representative upon the judge's review and approval; (2) If there is more than one juvenile judge in the county, a juvenile judge or the juvenile judges' representative selected by the juvenile judges or, if they are unable to do so for any reason, the juvenile judge who is senior in point of service or the senior juvenile judge's representative upon the judge's review and approval; (3) The county peace officer; (4) All chief municipal peace officers within the county; (5) Other law enforcement officers handling child abuse and neglect cases in the county; (6) The prosecuting attorney of the county; (7) If the public children services agency is not the county department of job and family services, the county department of job and family services; (8) The county humane society; (9) If the public children services agency participated in the execution of a memorandum of understanding under section 2151.426 of the Revised Code establishing a children's advocacy center, each participating member of the children's advocacy center established by the memorandum. (B)(1) The clerk of the court of common pleas in the county may sign the memorandum of understanding prepared under division (A) of this section. (2) If the clerk signs the memorandum of understanding, the clerk shall execute all relevant responsibilities as required of officials specified in the memorandum. Last updated May 24, 2022 at 5:54 PM
Ohio Rev. Code § 2103.06 — Ohio Revised Code / Title 21 / Chapter 2103 / § 2103.06
§ 2103.06. Lands given up by fraud
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly If a husband or wife gives up real property by collusion or fraud, or loses it by default, the widow or widower may recover dower therein.
Ohio Rev. Code § 2127.01 — Ohio Revised Code / Title 21 / Chapter 2127 / § 2127.01
§ 2127.01. Sale of lands by executors and administrators
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly All proceedings for the sale of lands by executors, administrators, and guardians shall be in accordance with section 2127.01 to 2127.43 , inclusive, of the Revised Code, except where the executor has testamentary power of sale, and in that case the executor may proceed under such sections or under the will.
Ohio Rev. Code § 2109.33 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.33
§ 2109.33. Service of additional notice - exceptions to account
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly A fiduciary may serve notice of the hearing upon the fiduciary's account to be conducted under section 2109.32 of the Revised Code, or may cause the notice to be served, upon any person who is interested in the estate or trust, including 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 to be considered and acted upon by the court at the hearing and the period of time covered by the account. It shall contain a statement to the effect that the person notified is required to examine the account, to inquire into the contents of the account and into all matters that may come before the court at the hearing on the account, and to file any exceptions that the person may have to the account at least five days prior to the hearing on the account, and that upon the person's failure to file exceptions, the account may be approved without further notice. If the person to be notified was not a party to the proceeding in which any prior account was settled, the notice, for the purpose of barring any rights possessed by that person, may include and specify the prior accounts and the periods of time covered by them. In that event, the notice shall inform the person notified that the approval of the account filed most recently will terminate any rights possessed by the person to vacate the order settling each prior account so specified, except as provided in section 2109.35 of the Revised Code, and shall further inform the person that, under penalty of losing those rights, the person shall examine each prior account so specified, shall inquire into its contents, and, if the person considers it necessary to protect the person's rights, shall take the action with respect to the person's rights that is permitted by law. The notice of the hearing upon an account shall be served at least fifteen days prior to the hearing on the account. Any competent person may waive service of notice and consent to the approval of any account by the court. Waivers of service and consents to approval shall be recorded with the account. Any person interested in an estate or trust may file exceptions to an account or to matters pertaining to the execution of the trust. All exceptions shall be specific and written. Exceptions shall be filed and a copy of them furnished to the fiduciary by the exceptor, not less than five days prior to the hearing on the account. The court for cause may allow further time to file exceptions. If exceptions are filed to an account, the court may allow further time for serving notice of the hearing upon any person who may be affected by an order disposing of the exceptions and who has not already been served with notice of the hearing in accordance with this section. A probate court, by local rule, may require that notice of the hearing on a final account be given to all heirs in an intestate estate and to all residuary beneficiaries in a testate estate. Any notice that is required or permitted by this section or by any local rule adopted under authority of this section shall be served, and any waiver of the right to receive any notice of those types may be waived, in accordance with the Rules of Civil Procedure.
Ohio Rev. Code § 2151.419 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.419
§ 2151.419. Court's determination as to whether agency made reasonable efforts to prevent removal or to return child safely home
Status: in_force

June 20, 2014 House Bill 130 - 130th General Assembly (A)(1) Except as provided in division (A)(2) of this section, at any hearing held pursuant to section 2151.28 , division (E) of section 2151.31 , or section 2151.314 , 2151.33 , or 2151.353 of the Revised Code at which the court removes a child from the child's home or continues the removal of a child from the child's home, the court shall determine whether the public children services agency or private child placing agency that filed the complaint in the case, removed the child from home, has custody of the child, or will be given custody of the child has made reasonable efforts to prevent the removal of the child from the child's home, to eliminate the continued removal of the child from the child's home, or to make it possible for the child to return safely home. The agency shall have the burden of proving that it has made those reasonable efforts. If the agency removed the child from home during an emergency in which the child could not safely remain at home and the agency did not have prior contact with the child, the court is not prohibited, solely because the agency did not make reasonable efforts during the emergency to prevent the removal of the child, from determining that the agency made those reasonable efforts. In determining whether reasonable efforts were made, the child's health and safety shall be paramount. (2) If any of the following apply, the court shall make a determination that the agency is not required to make reasonable efforts to prevent the removal of the child from the child's home, eliminate the continued removal of the child from the child's home, and return the child to the child's home: (a) The parent from whom the child was removed has been convicted of or pleaded guilty to one of the following: (i) An offense under section 2903.01 , 2903.02 , or 2903.03 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense was a sibling of the child or the victim was another child who lived in the parent's household at the time of the offense; (ii) An offense under section 2903.11 , 2903.12 , or 2903.13 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense; (iii) An offense under division (B)(2) of section 2919.22 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in that section and the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense is the victim of the offense; (iv) An offense under section 2907.02 , 2907.03 , 2907.04 , 2907.05 , or 2907.06 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to an offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense; (v) An offense under section 2905.32 , 2907.21 , or 2907.22 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to the offense described in those sections and the victim of the offense is the child, a sibling of the child, or another child who lived in the parent's household at the time of the offense; (vi) A conspiracy or attempt to commit, or complicity in committing, an offense described in division (A)(2)(a)(i), (iv), or (v) of this section. (b) The parent from whom the child was removed has repeatedly withheld medical treatment or food from the child when the parent has the means to provide the treatment or food. If the parent has withheld medical treatment in order to treat the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body, the court or agency shall comply with the requirements of division (A)(1) of this section. (c) The parent from whom the child was removed has placed the child at substantial risk of harm two or more times due to alcohol or drug abuse and has rejected treatment two or more times or refused to participate in further treatment two or more times after a case plan issued pursuant to section 2151.412 of the Revised Code requiring treatment of the parent was journalized as part of a dispositional order issued with respect to the child or an order was issued by any other court requiring such treatment of the parent. (d) The parent from whom the child was removed has abandoned the child. (e) The parent from whom the child was removed has had parental rights involuntarily terminated with respect to a sibling of the child pursuant to section 2151.353 , 2151.414 , or 2151.415 of the Revised Code or under an existing or former law of this state, any other state, or the United States that is substantially equivalent to those sections. (3) At any hearing in which the court determines whether to return a child to the child's home, the court may issue an order that returns the child in situations in which the conditions described in divisions (A)(2)(a) to (e) of this section are present. (B)(1) A court that is required to make a determination as described in division (A)(1) or (2) of this section shall issue written findings of fact setting forth the reasons supporting its determination. If the court makes a written determination under division (A)(1) of this section, it shall briefly describe in the findings of fact the relevant services provided by the agency to the family of the child and why those services did not prevent the removal of the child from the child's home or enable the child to return safely home. (2) If a court issues an order that returns the child to the child's home in situations in which division (A)(2)(a), (b), (c), (d), or (e) of this section applies, the court shall issue written findings of fact setting forth the reasons supporting its determination. (C) If the court makes a determination pursuant to division (A)(2) of this section, the court shall conduct a review hearing pursuant to section 2151.417 of the Revised Code to approve a permanency plan with respect to the child, unless the court issues an order returning the child home pursuant to division (A)(3) of this section. The hearing to approve the permanency plan may be held immediately following the court's determination pursuant to division (A)(2) of this section and shall be held no later than thirty days following that determination.
Ohio Rev. Code § 2109.58 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.58
§ 2109.58. Inventory by fiduciary
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly Each fiduciary as to whom definite provision is not made in sections 2111.14 and 2115.02 of the Revised Code shall make and file within three months after the fiduciary's appointment a full inventory of the real and personal property to be entrusted with the fiduciary, its value, and the value of the yearly rent of the real property. Except as provided by section 2115.16 of the Revised Code, exceptions to the inventory of a fiduciary may be filed at any time within six months after the return of the inventory by any person interested in the entrusted property or in any of the property included in the inventory, but the six-month period shall not apply in case of fraud or concealment of assets. At the hearing, the fiduciary and any witness may be examined under oath. The probate court shall enter its finding on the journal and tax the costs as may be equitable.
Ohio Rev. Code § 2153.17 — Ohio Revised Code / Title 21 / Chapter 2153 / § 2153.17
§ 2153.17. Laws now in force to apply
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The sections of the Revised Code regulating the manner and grounds of appeal from any judgment, order, or decree rendered by the court of common pleas in the exercise of juvenile jurisdiction shall apply to the juvenile court. Disclaimer Contact About
Ohio Rev. Code § 2108.28 — Ohio Revised Code / Title 21 / Chapter 2108 / § 2108.28
§ 2108.28. Construction to promote uniformity
Status: in_force

April 7, 2009 House Bill 529 - 127th General Assembly In applying and construing the Revised Uniform Anatomical Gift Act enacted in sections 2108.01 to 2108.29 of the Revised Code, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Ohio Rev. Code § 2131.13 — Ohio Revised Code / Title 21 / Chapter 2131 / § 2131.13
§ 2131.13. Transfer-on-Death of Motor Vehicle, Watercraft, or Outboard Motor Statute
Status: in_force

June 30, 2021 House Bill 74 - 134th General Assembly (A) As used in this section: (1) "Designate or designation in beneficiary form" means to designate, or the designation of, a motor vehicle, an all-purpose vehicle, an off-highway motorcycle, a watercraft, or an outboard motor in a certificate of title that indicates the present owner of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor and the intention of the present owner with respect to the transfer of ownership on the present owner's death by designating one or more persons as the beneficiary or beneficiaries who will become the owner or owners of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor upon the death of the present owner. (2) "Motor vehicle" has the same meaning as in section 4505.01 of the Revised Code. (3) "Person" means an individual, a corporation, an organization, or other legal entity. (4) "Transfer-on-death beneficiary or beneficiaries" means a person or persons specified in a certificate of title of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor who will become the owner or owners of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor upon the death of the present owner of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor. (5) "Watercraft" has the same meaning as in section 1548.01 of the Revised Code. (6) "Owner" includes the plural as well as the singular, as specified in section 1.43 of the Revised Code. (7) "Joint ownership with right of survivorship" has the same meaning as in section 2131.12 of the Revised Code. (8) "All-purpose vehicle" has the same meaning as in section 4519.01 of the Revised Code. (9) "Off-highway motorcycle" has the same meaning as in section 4519.01 of the Revised Code. (B)(1) An individual whose certificate of title of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor shows sole ownership by that individual may make an application for a certificate of title under section 1548.07 , 4505.06 , or 4519.55 of the Revised Code to designate that motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor in beneficiary form pursuant to this section. (2) Individuals whose certificate of title of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor shows joint ownership with right of survivorship may jointly make an application for a certificate of title under section 1548.07 , 4505.06 , or 4519.55 of the Revised Code to designate that motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor in beneficiary form pursuant to this section. (C)(1) A motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor is designated in beneficiary form if the certificate of title of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor includes the name or names of the transfer-on-death beneficiary or beneficiaries. (2) The designation of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor in beneficiary form is not required to be supported by consideration, and the certificate of title in which the designation is made is not required to be delivered to the transfer-on-death beneficiary or beneficiaries in order for the designation in beneficiary form to be effective. (D) The designation of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor in beneficiary form may be shown in the certificate of title by the words "transfer-on-death" or the abbreviation "TOD" after the name of the owner of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor and before the name or names of the transfer-on-death beneficiary or beneficiaries. (E) The designation of a transfer-on-death beneficiary or beneficiaries on a certificate of title has no effect on the ownership of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor until the death of the owner of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor. The owner of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor may cancel or change the designation of a transfer-on-death beneficiary or beneficiaries on a certificate of title at any time without the consent of the transfer-on-death beneficiary or beneficiaries by making an application for a certificate of title under section 1548.07 , 4505.06 , or 4519.55 of the Revised Code. (F)(1) Upon the death of the owner of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor designated in beneficiary form, the ownership of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor shall pass to the transfer-on-death beneficiary or beneficiaries who survive the owner upon transfer of title to the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor in accordance with section 1548.11 , 4505.10 , or 4519.60 of the Revised Code. The transfer-on-death beneficiary or beneficiaries who survive the owner may apply for a certificate of title to the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor upon submitting proof of the death of the owner of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor. (2) If no transfer-on-death beneficiary or beneficiaries survive the owner of a motor vehicle, watercraft, or outboard motor, the motor vehicle, watercraft, or outboard motor shall be included in the probate estate of the deceased owner. (G)(1) Any transfer of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor to a transfer-on-death beneficiary or beneficiaries that results from a designation of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor in beneficiary form is not testamentary. (2) This section does not limit the rights of any creditor of the owner of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor against any transfer-on-death beneficiary or beneficiaries or other transferees of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor under other laws of this state. (H)(1) This section shall be known and may be cited as the "Transfer-on-Death of Motor Vehicle, All-Purpose Vehicle, Off-Highway Motorcycle, Watercraft, or Outboard Motor Statute." (2) Divisions (A) to (H) of this section shall be liberally construed and applied to promote their underlying purposes and policy. (3) Unless displaced by particular provisions of divisions (A) to (H) of this section, the principles of law and equity supplement the provisions of those divisions. Last updated April 9, 2021 at 1:20 PM
Ohio Rev. Code § 2109.31 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.31
§ 2109.31. Citation to fiduciary to file account
Status: in_force

October 31, 2001 House Bill 85 - 124th General Assembly (A) If a fiduciary neglects or refuses to file an account, inventory, certificate of notice of probate of will, or report when due according to section 2107.19 , 2109.30 , 2111.49 , or 2115.02 of the Revised Code or when ordered by the probate court, the court at its own instance may issue, and on the application of any interested party or of any of the next of kin of any ward shall issue, a citation as described in division (B) of this section to such fiduciary pursuant to Civil Rules 4.1 to 4.6 to compel the filing of the overdue account, inventory, certificate of notice of probate of will, or report. (B) The citation that is required by division (A) of this section may contain any of the following: (1) A statement that the particular account, inventory, certificate of notice of probate of will, or report is overdue; (2) An order to the fiduciary to file the account, inventory, certificate of notice of probate of will, or report, or otherwise to appear before the court on a specified date; (3) A statement that, upon the issuance of the citation, a continuance to file the account, inventory, certificate of notice of probate of will, or report may be obtained from the court only on or after the date specified pursuant to division (B)(2) of this section. (C) If a citation is issued to a fiduciary in accordance with divisions (A) and (B) of this section and if the fiduciary fails to file the account, inventory, certificate of notice of probate of will, or report prior to the appearance date specified in the citation, the court may order, on that date, one or more of the following: (1) The removal of the fiduciary; (2) A denial of all or part of the fees to which the fiduciary otherwise would be entitled; (3) A continuance of the time for filing the account, inventory, certificate of notice of probate of will, or report; (4) An assessment against the fiduciary of a penalty of one hundred dollars and costs of twenty-five dollars for the hearing, or a suspension of all or part of the penalty and costs; (5) That the fiduciary is in contempt of the court for the failure to comply with the citation and that a specified daily fine, imprisonment, or daily fine and imprisonment may be imposed against the fiduciary, beginning with the appearance date, until the account, inventory, certificate of notice of probate of will, or report is filed with the court; (6) If the fiduciary does not appear in the court on the specified appearance date, that the fiduciary is in contempt of the court for the failure to comply with the citation, and that one of the following may occur: (a) The fiduciary shall be taken into custody by the sheriff or a deputy sheriff and brought before the court. (b) The fiduciary shall appear before the court on a specified date or otherwise be taken into custody by the sheriff or a deputy sheriff and brought before the court. (D) The assessments, fines, and other sanctions that the court may impose upon a fiduciary pursuant to this section may be imposed only upon a fiduciary and shall not be imposed upon the surety of any fiduciary.
Ohio Rev. Code § 2111.06 — Ohio Revised Code / Title 21 / Chapter 2111 / § 2111.06
§ 2111.06. Guardian of the person
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly If the powers of the person appointed as guardian of a minor or incompetent are not limited by the order of appointment, the person shall be guardian both of the person and estate of the ward. In every instance the court shall appoint the same person as guardian of the person and estate of the ward, unless in the opinion of the court the interests of the ward will be promoted by the appointment of different persons as guardians of the person and of the estate. A guardian of the person of a minor shall be appointed as to a minor having no father or mother, whose parents are unsuitable persons to have the custody of the minor and to provide for the education of the minor as required by section 3321.01 of the Revised Code, or whose interests, in the opinion of the court, will be promoted by the appointment of a guardian. A guardian of the person shall have the custody and provide for the maintenance of the ward, and if the ward is a minor, the guardian shall also provide for the education of the ward as required by section 3321.01 of the Revised Code. Before exercising its jurisdiction to appoint a guardian of a minor, the court shall comply with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code.
Ohio Rev. Code § 2107.03 — Ohio Revised Code / Title 21 / Chapter 2107 / § 2107.03
§ 2107.03. Method of making will
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly Except oral wills, every will shall be in writing, but may be handwritten or typewritten. The will shall be signed at the end by the testator or by some other person in the testator's conscious presence and at the testator's express direction. The will shall be attested and subscribed in the conscious presence of the testator, by two or more competent witnesses, who saw the testator subscribe, or heard the testator acknowledge the testator's signature. For purposes of this section, "conscious presence" means within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication.
Ohio Rev. Code § 2133.01 — Ohio Revised Code / Title 21 / Chapter 2133 / § 2133.01
§ 2133.01. Modified uniform rights of terminally ill act definitions
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly Unless the context otherwise requires, as used in sections 2133.01 to 2133.15 of the Revised Code: (A) "Adult" means an individual who is eighteen years of age or older. (B) "Attending physician" means the physician to whom a declarant or other patient, or the family of a declarant or other patient, has assigned primary responsibility for the treatment or care of the declarant or other patient, or, if the responsibility has not been assigned, the physician who has accepted that responsibility. (C) "Comfort care" means any of the following: (1) Nutrition when administered to diminish the pain or discomfort of a declarant or other patient, but not to postpone the declarant's or other patient's death; (2) Hydration when administered to diminish the pain or discomfort of a declarant or other patient, but not to postpone the declarant's or other patient's death; (3) Any other medical or nursing procedure, treatment, intervention, or other measure that is taken to diminish the pain or discomfort of a declarant or other patient, but not to postpone the declarant's or other patient's death. (D) "Consulting physician" means a physician who, in conjunction with the attending physician of a declarant or other patient, makes one or more determinations that are required to be made by the attending physician, or to be made by the attending physician and one other physician, by an applicable provision of this chapter, to a reasonable degree of medical certainty and in accordance with reasonable medical standards. (E) "Declarant" means any adult who has executed a declaration in accordance with section 2133.02 of the Revised Code. (F) "Declaration" means a written document executed in accordance with section 2133.02 of the Revised Code. (G) "Durable power of attorney for health care" means a document created pursuant to sections 1337.11 to 1337.17 of the Revised Code. (H) "Guardian" means a person appointed by a probate court pursuant to Chapter 2111. of the Revised Code to have the care and management of the person of an incompetent. (I) "Health care facility" means any of the following: (1) A hospital; (2) A hospice care program, pediatric respite care program, or other institution that specializes in comfort care of patients in a terminal condition or in a permanently unconscious state; (3) A nursing home or residential care facility, as defined in section 3721.01 of the Revised Code; (4) A home health agency and any residential facility where a person is receiving care under the direction of a home health agency; (5) An intermediate care facility for individuals with intellectual disabilities. (J) "Health care personnel" means physicians, nurses, physician assistants, emergency medical technicians-basic, emergency medical technicians-intermediate, emergency medical technicians-paramedic, medical technicians, dietitians, other authorized persons acting under the direction of an attending physician, and administrators of health care facilities. (K) "Home health agency" has the same meaning as in section 3740.01 of the Revised Code. (L) "Hospice care program" and "pediatric respite care program" have the same meanings as in section 3712.01 of the Revised Code. (M) "Hospital" has the same meanings as in sections 3701.01 , 3727.01 , and 5122.01 of the Revised Code. (N) "Hydration" means fluids that are artificially or technologically administered. (O) "Incompetent" has the same meaning as in section 2111.01 of the Revised Code. (P) "Intermediate care facility for the individuals with intellectual disabilities" has the same meaning as in section 5124.01 of the Revised Code. (Q) "Life-sustaining treatment" means any medical procedure, treatment, intervention, or other measure that, when administered to a qualified patient or other patient, will serve principally to prolong the process of dying. (R) "Nurse" means a person who is licensed to practice nursing as a registered nurse or to practice practical nursing as a licensed practical nurse pursuant to Chapter 4723. of the Revised Code. (S) "Nursing home" has the same meaning as in section 3721.01 of the Revised Code. (T) "Nutrition" means sustenance that is artificially or technologically administered. (U) "Permanently unconscious state" means a state of permanent unconsciousness in a declarant or other patient that, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by the declarant's or other patient's attending physician and one other physician who has examined the declarant or other patient, is characterized by both of the following: (1) Irreversible unawareness of one's being and environment. (2) Total loss of cerebral cortical functioning, resulting in the declarant or other patient having no capacity to experience pain or suffering. (V) "Person" has the same meaning as in section 1.59 of the Revised Code and additionally includes political subdivisions and governmental agencies, boards, commissions, departments, institutions, offices, and other instrumentalities. (W) "Physician" means a person who is authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery. (X) "Political subdivision" and "state" have the same meanings as in section 2744.01 of the Revised Code. (Y) "Professional disciplinary action" means action taken by the board or other entity that regulates the professional conduct of health care personnel, including the state medical board and the board of nursing. (Z) "Qualified patient" means an adult who has executed a declaration and has been determined to be in a terminal condition or in a permanently unconscious state. (AA) "Terminal condition" means an irreversible, incurable, and untreatable condition caused by disease, illness, or injury from which, to a reasonable degree of medical certainty as determined in accordance with reasonable medical standards by a declarant's or other patient's attending physician and one other physician who has examined the declarant or other patient, both of the following apply: (1) There can be no recovery. (2) Death is likely to occur within a relatively short time if life-sustaining treatment is not administered. (BB) "Tort action" means a civil action for damages for injury, death, or loss to person or property, other than a civil action for damages for breach of a contract or another agreement between persons. Last updated July 26, 2021 at 9:05 AM
Ohio Rev. Code § 2108.07 — Ohio Revised Code / Title 21 / Chapter 2108 / § 2108.07
§ 2108.07. Refusal to make anatomical gift
Status: in_force

August 17, 2021 House Bill 7 - 134th General Assembly (A) An individual may refuse to make an anatomical gift of the individual's body or part by doing any of the following: (1) Indicating a refusal in a record signed by either of the following: (a) The individual; (b) Subject to division (B) of this section, another individual acting at the direction of the individual, if the individual is physically unable to sign. (2) Indicating a refusal by any form of communication made by the individual during the individual's terminal illness or injury addressed to a minimum of two adults. (B) A record signed pursuant to division (A)(1)(b) of this section shall do both of the following: (1) Be witnessed by at least two adults who have signed at the request of the individual; (2) State that it has been signed and witnessed as provided in division (B)(1) of this section. (C) An individual who has made a refusal may amend or revoke the refusal by doing any of the following: (1) Amending or revoking the refusal in the manner provided in division (A) of this section for making a refusal; (2) Subsequently making an anatomical gift pursuant to section 2108.05 of the Revised Code that is inconsistent with the refusal; (3) Destroying or canceling the record evidencing the refusal, or the portion of the record used to make the refusal, with the intent to revoke the refusal. (D) Except as provided in division (E) of this section, in the absence of an express, contrary indication by the individual set forth in the refusal, an individual's unrevoked refusal to make an anatomical gift of the individual's body or part bars all other persons from making an anatomical gift of the individual's body or part. (E) The parent of a deceased unemancipated minor who is reasonably available may revoke a refusal made by the minor. Last updated May 20, 2021 at 2:08 PM
Ohio Rev. Code § 2113.86 — Ohio Revised Code / Title 21 / Chapter 2113 / § 2113.86
§ 2113.86. Apportionment of taxes
Status: in_force

April 6, 2017 House Bill 432 - 131st General Assembly (A) Unless a will or another governing instrument otherwise provides, and except as otherwise provided in this section, a tax shall be apportioned equitably in accordance with the provisions of this section among all persons interested in an estate in proportion to the value of the interest of each person as determined for estate tax purposes. (B) Except as otherwise provided in this division, any tax that is apportioned against a gift made in a clause of a will other than a residuary clause or in a provision of an inter vivos trust other than a residuary provision, shall be reapportioned to the residue of the estate or trust. It shall be charged in the same manner as a general administration expense. However, when a portion of the residue of the estate or trust is allowable as a deduction for estate tax purposes, the tax shall be reapportioned to the extent possible to the portion of the residue that is not so allowable. (C)(1) A tax shall not be apportioned against an interest that is allowable as an estate tax marital or charitable deduction, except to the extent that the interest is a part of the residue of an estate or trust against which tax is reapportioned pursuant to division (B) of this section. (2) Estate tax of this state or another jurisdiction shall not be reapportioned against an interest that is allowable as a deduction for federal estate tax purposes, to the extent that there is other property in the estate or trust that is not allowable as a deduction for federal estate tax purposes and against which estate tax of this state or another jurisdiction can be apportioned. (3) A provision in a will or other governing instrument that apportions tax to an interest that is otherwise allowable as an estate tax marital or charitable deduction is ineffective unless it refers to the marital or charitable deduction and expressly and unambiguously acknowledges and accepts any resultant partial loss of the deduction. (D) A tax shall not be apportioned against property that passes to a surviving spouse as an elective share under section 2106.01 of the Revised Code or as an intestate share under section 2105.06 of the Revised Code, to the extent that there is other property in the estate that is not allowable as a deduction for estate tax purposes against which the tax can be apportioned. (E)(1) Any federal estate tax credit for state or foreign death taxes on property that is includible in an estate for federal estate tax purposes, shall inure to the benefit of the persons chargeable with the payment of the state or foreign death taxes in proportion to the amount of the taxes paid by each person, but any federal estate tax credit for state or foreign death taxes inuring to the benefit of a person cannot exceed the federal estate tax apportioned to that person. (2) Any federal estate tax credit for gift taxes paid by a donee of a gift shall inure to the benefit of that donee for purposes of this section. (3) Credits against tax not covered by division (E)(1) or (2) of this section shall be apportioned equitably among persons in the manner in which the tax is apportioned among them. (F) Any additional estate tax that is due because a qualified heir has disposed of qualified farm property in a manner not authorized by law or ceased to use any part of the qualified farm property for a qualified use, shall be apportioned against the interest of the qualified heir. (G) If both a present interest and a future interest in property are involved, a tax shall be apportioned entirely to the principal. This shall be the case even if the future interest qualifies for an estate tax charitable deduction, even if the holder of the present interest also has rights in the principal, and even if the principal is otherwise exempt from apportionment. (H) Penalties shall be apportioned in the same manner as a tax, and interest on tax shall be apportioned to the income of the estate or trust, unless a court directs a different apportionment of penalties or interest based on a finding that special circumstances make an apportionment as provided in this division inequitable. (I) If any part of an estate consists of property, the value of which is included in the gross estate of the decedent by reason of section 2044 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 N 2044, as amended, or of section 5731.131 of the Revised Code, the estate is entitled to recover from the persons holding or receiving the property any amount by which the estate tax payable exceeds the estate tax that would have been payable if the value of the property had not been included in the gross estate of the decedent. This division does not apply if the decedent's will or another governing instrument provides otherwise and the will or instrument refers to either section mentioned in this division or to qualified terminable interest marital deduction property.
Ohio Rev. Code § 2153.12 — Ohio Revised Code / Title 21 / Chapter 2153 / § 2153.12
§ 2153.12. Calendar of court - term
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly The calendar of the juvenile court shall be divided into four terms of three months each commencing on the first day of January, April, July, and October of each year. All actions and other business of the court pending at the expiration of any term of court shall be continued to the following term of court without any special or general entry or order to that effect. The juvenile judges may adjourn the court from day to day or to any other day in the same term whenever, in their opinion, the business of the court permits.
Ohio Rev. Code § 2151.15 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.15
§ 2151.15. Powers and duties vested in county department of probation
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly When a county department of probation has been established in the county and the juvenile judge does not establish a probation department within the juvenile court as provided in section 2151.14 of the Revised Code, all powers and duties of the probation department provided for in sections 2151.01 to 2151.54 , inclusive, of the Revised Code, shall vest in and be imposed upon such county department of probation. In counties in which a county department of probation has been or is hereafter established the judge may transfer to such department all or any part of the powers and duties of his own probation department; provided that all juvenile cases shall be handled within a county department of probation exclusively by an officer or division separate and distinct from the officers or division handling adult cases.
Ohio Rev. Code § 2127.08 — Ohio Revised Code / Title 21 / Chapter 2127 / § 2127.08
§ 2127.08. Fractional interests - sale of entire interest
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly When the interest of a decedent or ward in real property is fractional and undivided, the action for authority to sell the real property shall include only the undivided fractional interest, except that the executor, administrator, or guardian, the owner of any other fractional interest, or any lien holder may, by pleading filed in the cause setting forth all interests in the property and liens on the property, require that the action include the entire interest in the property, and the owner of the interests and liens shall receive the owner's respective share of the proceeds of sale after payment has been made of the expenses of sale including reasonable attorney fees for services in the case. Those fees shall be paid to the plaintiff's attorney unless the court awards some part of the fees to other counsel for services in the case for the common benefit of all the parties, having regard to the interest of the parties, the benefit each may derive from the sale, and the equities of the case. The fees of the executor, administrator, or guardian shall be a charge only against the portion of the proceeds of sale that represents the interests of the decedent or ward.
Ohio Rev. Code § 2108.74 — Ohio Revised Code / Title 21 / Chapter 2108 / § 2108.74
§ 2108.74. Declarant warrants truth of declaration
Status: in_force

October 12, 2006 House Bill 426 - 126th General Assembly A declarant who executes a written declaration in accordance with section 2108.73 of the Revised Code warrants the truthfulness of the entire content of the declaration.
Ohio Rev. Code § 2109.18 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.18
§ 2109.18. Release of a fiduciary's sureties
Status: in_force

October 31, 2001 House Bill 85 - 124th General Assembly A surety of a fiduciary or the executor or administrator of a surety 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. A fiduciary may make application at any time to the court for the release of the fiduciary's sureties. Such fiduciary shall file a written request therefor with the judge of such court and give at least five days' notice in writing to such sureties. If, upon the hearing, the court is of the opinion that there is good reason to release such sureties, it shall order the fiduciary to file an account, as provided by section 2109.301 , 2109.302 , or 2109.303 of the Revised Code, and such sureties shall be released after the fiduciary files a new bond which is approved by the court. If such fiduciary fails to give new bond as directed, the fiduciary shall be removed and the fiduciary's letters of appointment superseded. Such original sureties shall not be released until the fiduciary gives a bond, but shall be liable for such fiduciary's acts only from the time of executing the original bond to the filing and approval by the court of the new bond. The costs of such proceeding shall be paid by the surety applying to be released, unless it appears to the court that the fiduciary is insolvent, incompetent, or is wasting the assets of the estate.
Ohio Rev. Code § 2152.22 — Ohio Revised Code / Title 21 / Chapter 2152 / § 2152.22
§ 2152.22. Child committed to legal custody of department of youth services; judicial release
Status: in_force

September 10, 2012 House Bill 487 - 129th General Assembly (A) When a child is committed to the legal custody of the department of youth services under this chapter, the juvenile court relinquishes control with respect to the child so committed, except as provided in divisions (B), (C), (D), and (H) of this section or in sections 2152.82 to 2152.86 of the Revised Code. Subject to divisions (B), (C), and (D) of this section, sections 2151.353 and 2151.412 to 2151.421 of the Revised Code, sections 2152.82 to 2152.86 of the Revised Code, and any other provision of law that specifies a different duration for a dispositional order, all other dispositional orders made by the court under this chapter shall be temporary and shall continue for a period that is designated by the court in its order, until terminated or modified by the court or until the child attains twenty-one years of age. The department shall not release the child from a department facility and as a result shall not discharge the child or order the child's release on supervised release prior to the expiration of the minimum period specified by the court in division (A)(1) of section 2152.16 of the Revised Code and any term of commitment imposed under section 2152.17 of the Revised Code or prior to the child's attainment of twenty-one years of age, except upon the order of a court pursuant to division (B), (C), or (D) of this section or in accordance with section 5139.54 of the Revised Code. (B)(1) Unless the court grants judicial release under division (D)(1)(b) of this section, the court that commits a delinquent child to the department of youth services may grant judicial release of the child to court supervision under this division during the first half of the prescribed minimum term for which the child was committed to the department or, if the child was committed to the department until the child attains twenty-one years of age, during the first half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, provided any commitment imposed under division (A), (B), (C), or (D) of section 2152.17 of the Revised Code has ended. (2) If the department desires to release a child during a period specified in division (B)(1) of this section, it shall request the court that committed the child to grant a judicial release of the child to court supervision under this division. During whichever of those periods is applicable, the child or the parents of the child also may request that court to grant a judicial release of the child to court supervision. Upon receipt of a request for a judicial release to court supervision under this division from the department, the child, or the child's parent, or upon its own motion, the court that committed the child shall do one of the following: approve the release by journal entry; schedule within thirty days after the request is received a time for a hearing on whether the child is to be released; or reject the request by journal entry without conducting a hearing. If the court rejects an initial request for a release under this division by the child or the child's parent, the child or the child's parent may make one additional request for a judicial release to court supervision within the applicable period. The additional request may be made no earlier than thirty days after the filing of the prior request for a judicial release to court supervision. Upon the filing of a second request for a judicial release to court supervision, the court shall either approve or disapprove the release by journal entry or schedule within thirty days after the request is received a time for a hearing on whether the child is to be released. (3) If a court schedules a hearing under division (B)(2) of this section, it may order the department to deliver the child to the court on the date set for the hearing and may order the department to present to the court a report on the child's progress in the institution to which the child was committed and recommendations for conditions of supervision of the child by the court after release. The court may conduct the hearing without the child being present. The court shall determine at the hearing whether the child should be granted a judicial release to court supervision. If the court approves the release under this division, it shall order its staff to prepare a written treatment and rehabilitation plan for the child that may include any conditions of the child's release that were recommended by the department and approved by the court. The committing court shall send the juvenile court of the county in which the child is placed a copy of the recommended plan. The court of the county in which the child is placed may adopt the recommended conditions set by the committing court as an order of the court and may add any additional consistent conditions it considers appropriate. If a child is granted a judicial release to court supervision, the release discharges the child from the custody of the department of youth services. (C)(1) Unless the court grants judicial release under division (D)(1)(b) of this section, the court that commits a delinquent child to the department of youth services may grant judicial release of the child to department of youth services supervision under this division during the second half of the prescribed minimum term for which the child was committed to the department or, if the child was committed to the department until the child attains twenty-one years of age, during the second half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, provided any commitment imposed under division (A), (B), (C), or (D) of section 2152.17 of the Revised Code has ended. (2) If the department desires to release a child during a period specified in division (C)(1) of this section, it shall request the court that committed the child to grant a judicial release to department of youth services supervision. During whichever of those periods is applicable, the child or the child's parent also may request the court that committed the child to grant a judicial release to department of youth services supervision. Upon receipt of a request for judicial release to department of youth services supervision, the child, or the child's parent, or upon its own motion at any time during that period, the court shall do one of the following: approve the release by journal entry; schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released; or reject the request by journal entry without conducting a hearing. If the court rejects an initial request for release under this division by the child or the child's parent, the child or the child's parent may make one or more subsequent requests for a release within the applicable period, but may make no more than one request during each period of ninety days that the child is in a secure department facility after the filing of a prior request for early release. Upon the filing of a request for release under this division subsequent to an initial request, the court shall either approve or disapprove the release by journal entry or schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released. (3) If a court schedules a hearing under division (C)(2) of this section, it may order the department to deliver the child to the court on the date set for the hearing and shall order the department to present to the court at that time a treatment plan for the child's post-institutional care. The court may conduct the hearing without the child being present. The court shall determine at the hearing whether the child should be granted a judicial release to department of youth services supervision. If the court approves the judicial release to department of youth services supervision, the department shall prepare a written treatment and rehabilitation plan for the child pursuant to division (F) of this section that shall include the conditions of the child's release. It shall send the committing court and the juvenile court of the county in which the child is placed a copy of the plan. The court of the county in which the child is placed may adopt the conditions set by the department as an order of the court and may add any additional consistent conditions it considers appropriate, provided that the court may not add any condition that decreases the level or degree of supervision specified by the department in its plan, that substantially increases the financial burden of supervision that will be experienced by the department, or that alters the placement specified by the department in its plan. If the court of the county in which the child is placed adds to the department's plan any additional conditions, it shall enter those additional conditions in its journal and shall send to the department a copy of the journal entry of the additional conditions. If the court approves the judicial release to department of youth services supervision, the actual date on which the department shall release the child is contingent upon the department finding a suitable placement for the child. If the child is to be returned to the child's home, the department shall return the child on the date that the court schedules for the child's release or shall bear the expense of any additional time that the child remains in a department facility. If the child is unable to return to the child's home, the department shall exercise reasonable diligence in finding a suitable placement for the child, and the child shall remain in a department facility while the department finds the suitable placement. (D)(1) Subject to division (D)(3) of this section, the court that commits a delinquent child to the department of youth services may grant judicial release of the child under this division at any time after the expiration of one of the following periods of time: (a) Except as otherwise provided in division (D)(1)(b) of this section, if the child was committed to the department for a prescribed minimum period and a maximum period not to exceed the child's attainment of twenty-one years, the court may grant judicial release of the child at any time after the expiration of the prescribed minimum term for which the child was committed to the department. (b) If the child was committed to the department for both one or more definite periods under division (A), (B), (C), or (D) of section 2152.17 of the Revised Code and a period of the type described in division (D)(1)(a) of this section, all of the prescribed minimum periods of commitment imposed under division (A), (B), (C), or (D) of section 2152.17 of the Revised Code and the prescribed period of commitment of the type described in division (D)(1)(a) of this section shall be aggregated for purposes of this division, and the court may grant judicial release of the child at any time after the expiration of one year after the child begins serving the aggregate period of commitment. (2) If a court grants a judicial release of a child under division (D)(1) of this section, the release shall be a judicial release to department of youth services supervision, if the release is granted during a period described in division (C)(1) of this section, and the second and third paragraphs of division (C)(3) of this section apply regarding the release. In all other cases, the release shall be a judicial release to court supervision, and the second paragraph of division (B)(3) of this section applies regarding the release. (3) A court at the time of making the disposition of a child shall provide notice in the order of disposition that the judge is retaining jurisdiction over the child for the purpose of a possible grant of judicial release of the child under division (D)(1) of this section. The failure of a court to provide this notice does not affect the authority of the court to grant a judicial release under that division and does not constitute grounds for setting aside the child's delinquent child adjudication or disposition or for granting any post-adjudication relief to the child. (4) The department of youth services, a child committed to the department, or the parents of the child, during a period specified in division (D)(1) of this section, may request the court that committed the child to grant a judicial release of the child under that division. Upon receipt of a request for judicial release of a child under this division from the department, the child, or the child's parent, or upon its own motion, the court that committed the child shall do one of the following: (a) Approve the request by journal entry; (b) Schedule within thirty days after the request is received a time for a hearing on whether the child is to be released; (c) Reject the request by journal entry without conducting a hearing. If the court rejects an initial request for a release under this division by the child or the child's parent, division (C)(2) of this section applies regarding the making of additional requests. If the court schedules a hearing under this division to consider the judicial release, the first paragraph of division (B)(3) of this section applies regarding the hearing. (E) If a child is released under division (B), (C), or (D) of this section and the court of the county in which the child is placed has reason to believe that the child's deportment is not in accordance with the conditions of the child's judicial release, the court of the county in which the child is placed shall schedule a time for a hearing to determine whether the child violated any of the post-release conditions, and, if the child was released under division (C) of this section or under division (D) of this section under department supervision, divisions (A) to (E) of section 5139.52 of the Revised Code apply regarding the child. If that court determines at the hearing that the child violated any of the post-release conditions, the court, if it determines that the violation was a serious violation, may order the child to be returned to the department for institutionalization, consistent with the original order of commitment of the child, or in any case may make any other disposition of the child authorized by law that the court considers proper. If the court of the county in which the child is placed orders the child to be returned to a department of youth services institution, the time during which the child was held in a secure department facility prior to the child's judicial release shall be considered as time served in fulfilling the prescribed period of institutionalization that is applicable to the child under the child's original order of commitment. If the court orders the child returned to a department institution, the child shall remain in institutional care for a minimum of three months or until the child successfully completes a revocation program of a duration of not less than thirty days operated either by the department or by an entity with which the department has contracted to provide a revocation program. (F) The department of youth services, prior to the release of a child pursuant to division (C) of this section or pursuant to division (D) of this section on department supervision, shall do all of the following: (1) After reviewing the child's rehabilitative progress history and medical and educational records, prepare a written treatment and rehabilitation plan for the child that includes conditions of the release; (2) Completely discuss the conditions of the plan prepared pursuant to division (F)(1) of this section and the possible penalties for violation of the plan with the child and the child's parents, guardian, or legal custodian; (3) Have the plan prepared pursuant to division (F)(1) of this section signed by the child, the child's parents, legal guardian, or custodian, and any authority or person that is to supervise, control, and provide supportive assistance to the child at the time of the child's release pursuant to division (C) or (D) of this section; (4) Prior to the child's release, file a copy of the treatment plan prepared pursuant to division (F)(1) of this section with the committing court and the juvenile court of the county in which the child is to be placed. (G) The department of youth services shall file a written progress report with the committing court regarding each child released pursuant to division (C) of this section or released pursuant to division (D) of this section on judicial release to department supervision at least once every thirty days unless specifically directed otherwise by the court. The report shall indicate the treatment and rehabilitative progress of the child and the child's family, if applicable, and shall include any suggestions for altering the program, custody, living arrangements, or treatment. The department shall retain legal custody of a child so released until it discharges the child or until the custody is terminated as otherwise provided by law. (H) When a child is committed to the legal custody of the department of youth services, the court retains jurisdiction to perform the functions specified in section 5139.51 of the Revised Code with respect to the granting of supervised release by the release authority and to perform the functions specified in section 5139.52 of the Revised Code with respect to violations of the conditions of supervised release granted by the release authority and to the revocation of supervised release granted by the release authority.
Ohio Rev. Code § 2112.23 — Ohio Revised Code / Title 21 / Chapter 2112 / § 2112.23
§ 2112.23. Exclusive and continuing jurisdiction
Status: in_force

March 22, 2013 House Bill 27 - 129th General Assembly 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.
Ohio Rev. Code § 2106.25 — Ohio Revised Code / Title 21 / Chapter 2106 / § 2106.25
§ 2106.25. Time limit for exercising rights - motion for extension
Status: in_force

October 31, 2001 House Bill 85 - 124th General Assembly Unless otherwise specified by a provision of the Revised Code or this section, a surviving spouse shall exercise all rights under Chapter 2106. of the Revised Code within five months of the initial appointment of an executor or administrator of the estate. It is conclusively presumed that a surviving spouse has waived any right not exercised within that five-month period or within any longer period of time allowed by the court pursuant to this section. Upon the filing of a motion to extend the time for exercising a right under Chapter 2106. of the Revised Code and for good cause shown, the court may allow further time for exercising the right that is the subject of the motion. Disclaimer Contact About
Ohio Rev. Code § 2151.416 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.416
§ 2151.416. Semiannual administrative review of case plans
Status: in_force

September 30, 2025 House Bill 96 - 136th General Assembly (A) Each agency that is required by section 2151.412 of the Revised Code to prepare a case plan for a child shall complete a semiannual administrative review of the case plan no later than six months after the earlier of the date on which the complaint in the case was filed or the child was first placed in shelter care. After the first administrative review, the agency shall complete semiannual administrative reviews no later than every six months. If the court issues an order pursuant to section 2151.414 or 2151.415 of the Revised Code, the agency shall complete an administrative review no later than six months after the court's order and continue to complete administrative reviews no later than every six months after the first review, except that the court hearing held pursuant to section 2151.417 of the Revised Code may take the place of any administrative review that would otherwise be held at the time of the court hearing. When conducting a review, the child's health and safety shall be the paramount concern. (B) Each administrative review required by division (A) of this section shall be conducted by a review panel of at least three persons, including, but not limited to, both of the following: (1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the child's case plan; (2) A person who is not responsible for the management of the child's case plan or for the delivery of services to the child or the parents, guardian, or custodian of the child. (C) Each semiannual administrative review shall include, but not be limited to, a joint meeting by the review panel with the parents, guardian, or custodian of the child, the guardian ad litem of the child, and the child's foster care provider and shall include an opportunity for those persons to submit any written materials to be included in the case record of the child. If a parent, guardian, custodian, guardian ad litem, or foster care provider of the child cannot be located after reasonable efforts to do so or declines to participate in the administrative review after being contacted, the agency does not have to include them in the joint meeting. (D) The agency shall prepare a written summary of the semiannual administrative review that shall include, but not be limited to, all of the following: (1) A conclusion regarding the safety and appropriateness of the child's foster care placement; (2) The extent of the compliance with the case plan of all parties; (3) The extent of progress that has been made toward alleviating the circumstances that required the agency to assume temporary custody of the child; (4) An estimated date by which the child may be returned to and safely maintained in the child's home or placed for adoption or legal custody; (5) An updated case plan that includes any changes that the agency is proposing in the case plan; (6) The recommendation of the agency as to which agency or person should be given custodial rights over the child for the six-month period after the administrative review; (7) The names of all persons who participated in the administrative review; (8) A summary of the agency's intensive efforts to secure a placement with an appropriate and willing kinship caregiver as defined in section 5180.50 of the Revised Code, including any use of search technology to find biological family members of the child and all other efforts undertaken since the last review, unless a court has determined that intensive efforts are unnecessary pursuant to section 2151.4118 of the Revised Code. (E) The agency shall file the summary with the court no later than seven days after the completion of the administrative review. If the agency proposes a change to the case plan as a result of the administrative review, the agency shall file the proposed change with the court at the time it files the summary. The agency shall give notice of the summary and proposed change in writing before the end of the next day after filing them to all parties and the child's guardian ad litem. All parties and the guardian ad litem shall have seven days after the date the notice is sent to object to and request a hearing on the proposed change. (1) If the court receives a timely request for a hearing, the court shall schedule a hearing pursuant to section 2151.417 of the Revised Code to be held not later than thirty days after the court receives the request. The court shall give notice of the date, time, and location of the hearing to all parties and the guardian ad litem. The agency may implement the proposed change after the hearing, if the court approves it. The agency shall not implement the proposed change unless it is approved by the court. (2) If the court does not receive a timely request for a hearing, the court may approve the proposed change without a hearing. If the court approves the proposed change without a hearing, it shall journalize the case plan with the change not later than fourteen days after the change is filed with the court. If the court does not approve the proposed change to the case plan, it shall schedule a review hearing to be held pursuant to section 2151.417 of the Revised Code no later than thirty days after the expiration of the fourteen-day time period and give notice of the date, time, and location of the hearing to all parties and the guardian ad litem of the child. If, despite the requirements of this division and division (D) of section 2151.417 of the Revised Code, the court neither approves and journalizes the proposed change nor conducts a hearing, the agency may implement the proposed change not earlier than fifteen days after it is submitted to the court. (F) The director of children and youth may adopt rules pursuant to Chapter 119. of the Revised Code for procedures and standard forms for conducting administrative reviews pursuant to this section. (G) The juvenile court that receives the written summary of the administrative review, upon determining, either from the written summary, case plan, or otherwise, that the custody or care arrangement is not in the best interest of the child, may terminate the custody of an agency and place the child in the custody of another institution or association certified by the department of children and youth under section 5103.03 of the Revised Code. Last updated July 18, 2025 at 12:39 PM
Ohio Rev. Code § 2151.465 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.465
§ 2151.465. Rules
Status: in_force

April 3, 2025 House Bill 315 - 135th General Assembly Not later than ninety days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code that establish all of the following: (A) A standardized procedure under which an emergency department, hospital, or law enforcement officer provides notification under sections 2151.461 and 2151.463 of the Revised Code; (B) Time frames for an emergency department or hospital or a residential facility to provide reports to the department under sections 2151.462 and 2151.464 of the Revised Code; (C) Standards for the department to track reports provided to the department under sections 2151.462 and 2151.464 of the Revised Code. Last updated February 21, 2025 at 11:12 AM
Ohio Rev. Code § 2107.58 — Ohio Revised Code / Title 21 / Chapter 2107 / § 2107.58
§ 2107.58. Order of sale to pay debts
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly When a sale of real property aliened or unaliened by a devisee or heir is ordered for the payment of the debts of an estate, sections 2107.53 to 2107.57 of the Revised Code do not prevent the probate court from making an order and decree for the sale of any portion of the aliened or unaliened real property that is equitable among the parties, and making an order of contribution and further order and decree to settle and adjust the various rights and liabilities of the parties.
Ohio Rev. Code § 2112.32 — Ohio Revised Code / Title 21 / Chapter 2112 / § 2112.32
§ 2112.32. Accepting guardianship or conservatorship transferred from another state
Status: in_force

March 22, 2013 House Bill 27 - 129th General Assembly (A) To confirm transfer of a guardianship transferred to this state under provisions similar to section 2112.31 of the Revised Code, the guardian shall petition the probate court in this state to accept the guardianship of the person, guardianship of the estate, or both. The petition must include a certified copy of the other state's provisional order of transfer. (B) Notice of a petition under division (A) of this section must be given by the guardian to those persons that would be entitled to notice if the petition were an application for the appointment of a guardian or issuance of a protective order in both the transferring state and this state. The notice must be given in the same manner as notice is required to be given in this state. (C) On the probate court's own motion or on the request of the guardian, ward, protected person, or other person required to be notified of the proceeding, the probate court shall hold a hearing on a petition filed pursuant to division (A) of this section. (D) The probate court shall issue a provisional order granting a petition filed under division (A) of this section unless either of the following applies: (1) An objection is made, and the objector establishes that transfer of the proceeding would be contrary to the interests of the ward or protected person. (2) The guardian is ineligible for appointment in this state. (E) The probate court shall issue a final order accepting the proceeding and appointing the guardian as a guardian in this state upon the probate court's receipt from the court from which the proceeding is being transferred of a final order transferring the proceedings to this state issued under provisions similar to section 2112.31 of the Revised Code. (F) In granting a petition under this section, the probate court shall recognize a guardianship order from the other state, including the determination of the incompetence of the ward and the appointment of the guardian. Nothing in this section shall limit the probate court's authority under Chapter 2111. of the Revised Code. (G) The denial by a probate court of this state of a petition to accept a guardianship transferred from another state does not affect the ability of the guardian to seek appointment as a guardian in this state under section 2111.02 of the Revised Code if the probate court has jurisdiction to make an appointment other than by reason of the provisional order of transfer.
Ohio Rev. Code § 2101.06 — Ohio Revised Code / Title 21 / Chapter 2101 / § 2101.06
§ 2101.06. Master commissioners - appointment and bond - duties
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly The probate judge, upon the motion of a party or the judge's own motion, may appoint a special master commissioner in any matter pending before the judge. The commissioner shall be an attorney at law and shall be sworn faithfully to discharge the commissioner's duties. When requested by the probate judge, the commissioner shall execute a bond to the state in the sum that the court directs, with surety approved by the court, and conditioned that the commissioner shall faithfully discharge the commissioner's duties and pay over all money received by the commissioner in that capacity. The bond shall be for the benefit of anyone aggrieved and shall be filed in the probate court. The commissioner shall take the testimony and report the testimony to the court with the commissioner's conclusions on the law and the facts involved. The report may be excepted to by the parties and confirmed, modified, or set aside by the court.
Ohio Rev. Code § 2151.358 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.358
§ 2151.358. Expungement of sealed records
Status: in_force

April 6, 2023 Senate Bill 288 (GA 134), House Bill 343 (GA 134) (A) The juvenile court shall expunge all records sealed under section 2151.356 of the Revised Code five years after the court issues a sealing order or upon the twenty-third birthday of the person who is the subject of the sealing order, whichever date is earlier. (B) Notwithstanding division (A) of this section, upon application by the person who has had a record sealed under section 2151.356 of the Revised Code, the juvenile court may expunge a record sealed under section 2151.356 of the Revised Code. In making the determination whether to expunge records, all of the following apply: (1) The court may require a person filing an application for expungement to submit any relevant documentation to support the application. (2) The court may cause an investigation to be made to determine if the person who is the subject of the proceedings has been rehabilitated to a satisfactory degree. (3) The court shall promptly, but not less than thirty days prior to the hearing, notify the prosecuting attorney of any proceedings to expunge records. The prosecutor shall provide timely notice to a victim and the victim's representative, if applicable, if the victim or victim's representative requested notice of the proceedings in the underlying case. (4)(a) The prosecuting attorney may file a response with the court within thirty days of receiving notice of the expungement proceedings. (b) If the prosecuting attorney does not file a response with the court or if the prosecuting attorney files a response but indicates that the prosecuting attorney does not object to the expungement of the records, the court may order the records of the person that are under consideration to be expunged without conducting a hearing on the application. If the court decides in its discretion to conduct a hearing on the application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration. The victim and the victim's representative, if applicable, may be present and heard orally, in writing, or both at any hearing under this division. The court shall consider the oral and written statement of any victim, victim's representative, and victim's attorney, if applicable. (c) If the prosecuting attorney files a response with the court that indicates that the prosecuting attorney objects to the expungement of the records, the court shall conduct a hearing on the application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the prosecuting attorney and to the person who is the subject of the records under consideration. The victim and the victim's representative, if applicable, may be present and heard orally, in writing, or both at any hearing under this section. The court shall consider the oral and written statement of any victim, victim's representative, and victim's attorney, if applicable. (5) After conducting a hearing in accordance with division (B)(4) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the application to be expunged if it finds that the person has been rehabilitated to a satisfactory degree. In determining whether the person has been rehabilitated to a satisfactory degree, the court may consider all of the following: (a) The age of the person; (b) The nature of the case; (c) The cessation or continuation of delinquent, unruly, or criminal behavior; (d) The education and employment history of the person; (e) Any other circumstances that may relate to the rehabilitation of the person who is the subject of the records under consideration. (C) If the juvenile court is notified by any party in a civil action that a civil action has been filed based on a case the records for which are the subject of a sealing order, the juvenile court shall not expunge a record sealed under section 2151.356 of the Revised Code until the civil action has been resolved and is not subject to further appellate review, at which time the records shall be expunged pursuant to division (A) of this section. (D)(1) A juvenile court that issues a protection order or approves a consent agreement under section 2151.34 or 3113.31 of the Revised Code shall automatically seal all of the records of the proceeding in which the order was issued or agreement approved on the date the person against whom the protection order was issued or the consent agreement approved attains the age of nineteen years if the court determines that the person has complied with all of the terms of the protection order or consent agreement. (2) In a proceeding under section 2151.34 of the Revised Code, if the juvenile court does not issue any protection order under division (E) of that section, the court shall automatically seal all of the records in that proceeding. In a proceeding under section 3113.31 of the Revised Code, if the juvenile court does not issue any protection order or approve any consent agreement under division (E) of that section, the court shall automatically seal all of the records in that proceeding. (3)(a) If a juvenile court that issues a protection order or approves a consent agreement under section 2151.34 or 3113.31 of the Revised Code determines that the person against whom the protection order was issued or the consent agreement approved has not complied with all of the terms of the protection order or consent agreement, the court shall consider sealing all of the records of the proceeding in which the order was issued or agreement approved upon the court's own motion or upon the application of a person. The court may make the motion or the person who is the subject of the records under consideration may apply for an order sealing the records of the proceeding at any time after two years after the expiration of the protection order or consent agreement. (b) In making a determination whether to seal records pursuant to division (D)(3) of this section, all of the following apply: (i) The court may require a person filing an application under division (D)(3) of this section to submit any relevant documentation to support the application. (ii) The court shall promptly notify the victim or the victim's attorney of any proceedings to seal records initiated pursuant to division (D)(3) of this section. (iii) The victim or the victim's attorney may file a response with the court within thirty days of receiving notice of the sealing proceedings. If the victim or the victim's attorney does not file a response with the court or if the victim or the victim's attorney files a response but indicates that the victim or the victim's attorney does not object to the sealing of the records, the court may order the records of the person that are under consideration to be sealed without conducting a hearing on the motion or application. If the court decides in its discretion to conduct a hearing on the motion or application, the court shall conduct the hearing within thirty days after making that decision and shall give notice, by regular mail, of the date, time, and location of the hearing to the victim or the victim's attorney and to the person who is the subject of the records under consideration. If the victim or the victim's attorney files a response with the court that indicates that the victim or the victim's attorney objects to the sealing of the records, the court shall conduct a hearing on the motion or application within thirty days after the court receives the response. The court shall give notice, by regular mail, of the date, time, and location of the hearing to the victim or the victim's attorney and to the person who is the subject of the records under consideration. (iv) After conducting a hearing in accordance with division (D)(3)(b)(iii) of this section or after due consideration when a hearing is not conducted, the court may order the records of the person that are the subject of the motion or application to be sealed. (4) Inspection of the records sealed pursuant to division (D)(1), (2), or (3) of this section may be made only by the following persons or for the following purposes: (a) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime; (b) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority; (c) Upon application by the person who is the subject of the records, by the persons named in the application; (d) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case; (e) By a prosecuting attorney or the prosecuting attorney's assistants, to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code; (f) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction as part of a background investigation of a person who applies for employment with the agency as a law enforcement officer or with the department as a corrections officer; (g) By any law enforcement agency or any authorized employee of a law enforcement agency, for the purposes set forth in, and in the manner provided in, division (I) of section 2953.34 of the Revised Code; (h) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code; (i) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded; (j) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of conducting a criminal records check of an individual pursuant to division (B) of section 109.572 of the Revised Code that was requested pursuant to any of the sections identified in division (B)(1) of that section; (k) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code; (l) By the attorney general or an authorized employee of the attorney general or a court for purposes of determining a person's classification pursuant to Chapter 2950. of the Revised Code. When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense. (E) In addition to the methods of expungement provided for in divisions (A) and (B) of this section, a person who has been adjudicated a delinquent child for having committed an act that would be a violation of section 2907.24 , 2907.241 , or 2907.25 of the Revised Code if the child were an adult may apply to the adjudicating court for the expungement of the record of adjudication if the person's participation in the act was a result of the person having been a victim of human trafficking. The application shall be made in the same manner as an application for expungement under section 2953.36 of the Revised Code, and all of the provisions of that section shall apply to the expungement procedure. (F) After the records have been expunged under this section, the person who is the subject of the expunged records properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter. The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation. Last updated March 9, 2023 at 9:11 AM
Ohio Rev. Code § 2123.02 — Ohio Revised Code / Title 21 / Chapter 2123 / § 2123.02
§ 2123.02. Petition - defendants
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly In a situation described in section 2123.01 of the Revised Code, the executor or administrator may file in the probate court of the county where the estate is being administered a complaint signed by the executor or administrator or the executor's or administrator's attorney, which complaint shall be verified. The surviving spouse and the legatees and devisees, or the heirs and distributees of the decedent, including those whose names are unknown, shall be made parties defendant. The complaint shall contain a concise statement of the pertinent facts and shall conclude with a prayer, for the determination of the heirs and distributees of the decedent or of the devisees or legatees not named in the will and their respective interests in the estate.
Ohio Rev. Code § 2151.232 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.232
§ 2151.232. Order requiring support of child where acknowledgment of parentage is not yet final
Status: in_force

March 22, 2001 Senate Bill 180 - 123rd General Assembly If an acknowledgment has been filed and entered into the birth registry pursuant to section 3111.24 of the Revised Code but has not yet become final, either parent who signed the acknowledgment may bring an action in the juvenile court or other court with jurisdiction under section 2101.022 or 2301.03 of the Revised Code under this section requesting that the court issue an order requiring a parent of the child to pay an amount for the support of the child in accordance with Chapters 3119., 3121., 3123., and 3125. of the Revised Code. The parties to an action under this section may raise the issue of the existence or nonexistence of a parent-child relationship. If an action is commenced pursuant to this section and the issue of the existence or nonexistence of a parent-child relationship is raised, the court shall treat the action as an action commenced pursuant to sections 3111.01 to 3111.18 of the Revised Code. If the issue is raised, the court shall promptly notify the office of child support in the department of job and family services that it is conducting proceedings in compliance with sections 3111.01 to 3111.18 of the Revised Code. On receipt of the notice by the office, the acknowledgment of paternity signed by the parties and filed pursuant to section 3111.23 of the Revised Code shall be considered rescinded. If the parties do not raise the issue of the existence or nonexistence of a parent-child relationship in the action and an order is issued pursuant to this section prior to the date the acknowledgment filed and entered on the birth registry becomes final, the acknowledgment shall be considered final as of the date of the issuance of the order. An order issued pursuant to this section shall not affect an acknowledgment that becomes final pursuant to section 3111.25 of the Revised Code prior to the issuance of the order.
Ohio Rev. Code § 2113.52 — Ohio Revised Code / Title 21 / Chapter 2113 / § 2113.52
§ 2113.52. Devisee takes subject to tax lien - exoneration of mortgage lien
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly (A) A devisee taking real property under a devise in a will, unless the will otherwise provides, or an heir taking real property under the statutes of descent and distribution shall take the real property subject to all taxes, penalties, interest, and assessments that are a lien against that real property. (B) If real property devised in a will is subject to a mortgage lien that exists on the date of the testator's death, the person taking the real property under the devise has no right of exoneration for the mortgage lien, regardless of a general direction in the will to pay the testator's debts, unless the will specifically provides a right of exoneration that extends to that lien.
Ohio Rev. Code § 2107.01 — Ohio Revised Code / Title 21 / Chapter 2107 / § 2107.01
§ 2107.01. Will construed
Status: in_force

March 22, 2019 House Bill 595 - 132nd General Assembly As used in Chapters 2101. to 2131. of the Revised Code: (A) "Will" 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.
Ohio Rev. Code § 2133.06 — Ohio Revised Code / Title 21 / Chapter 2133 / § 2133.06
§ 2133.06. Patient to make decisions on use of life-sustaining treatment
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly (A) As long as a qualified patient is able to make informed decisions regarding the administration of life-sustaining treatment, the qualified patient may continue to do so. (B) Life-sustaining treatment shall not be withheld or withdrawn from a declarant pursuant to a declaration if the declarant is pregnant and if the withholding or withdrawal of the treatment would terminate the pregnancy, unless the declarant's attending physician and one other physician who has examined the declarant determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that the fetus would not be born alive.
Ohio Rev. Code § 2112.42 — Ohio Revised Code / Title 21 / Chapter 2112 / § 2112.42
§ 2112.42. Registration of guardianship orders
Status: in_force

March 22, 2013 House Bill 27 - 129th General Assembly 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, in any county in which property belonging to the ward or protected person is located, certified copies of the order and letters of office and of any bond.
Ohio Rev. Code § 2117.25 — Ohio Revised Code / Title 21 / Chapter 2117 / § 2117.25
§ 2117.25. Order in which debts to be paid
Status: in_force

September 29, 2013 House Bill 59 - 130th General Assembly (A) Every executor or administrator shall proceed with diligence to pay the debts of the decedent and shall apply the assets in the following order: (1) Costs and expenses of administration; (2) An amount, not exceeding four thousand dollars, for funeral expenses that are included in the bill of a funeral director, funeral expenses other than those in the bill of a funeral director that are approved by the probate court, and an amount, not exceeding three thousand dollars, for burial and cemetery expenses, including that portion of the funeral director's bill allocated to cemetery expenses that have been paid to the cemetery by the funeral director. For purposes of division (A)(2) of this section, burial and cemetery expenses shall be limited to the following: (a) The purchase of a right of interment; (b) Monuments or other markers; (c) The outer burial container; (d) The cost of opening and closing the place of interment; (e) The urn. (3) The allowance for support made to the surviving spouse, minor children, or both under section 2106.13 of the Revised Code; (4) Debts entitled to a preference under the laws of the United States; (5) Expenses of the last sickness of the decedent; (6) If the total bill of a funeral director for funeral expenses exceeds four thousand dollars, then, in addition to the amount described in division (A)(2) of this section, an amount, not exceeding two thousand dollars, for funeral expenses that are included in the bill and that exceed four thousand dollars; (7) Expenses of the decedent's last continuous stay in a nursing home as defined in section 3721.01 of the Revised Code, residential facility as defined in section 5123.19 of the Revised Code, or hospital long-term care unit as defined in section 5168.40 of the Revised Code. For purposes of division (A)(7) of this section, a decedent's last continuous stay includes up to thirty consecutive days during which the decedent was temporarily absent from the nursing home, residential facility, or hospital long-term care unit. (8) Personal property taxes, claims made under the medicaid estate recovery program instituted pursuant to section 5162.21 of the Revised Code, and obligations for which the decedent was personally liable to the state or any of its subdivisions; (9) Debts for manual labor performed for the decedent within twelve months preceding the decedent's death, not exceeding three hundred dollars to any one person; (10) Other debts for which claims have been presented and finally allowed. (B) The part of the bill of a funeral director that exceeds the total of six thousand dollars as described in divisions (A)(2) and (6) of this section, and the part of a claim included in division (A)(9) of this section that exceeds three hundred dollars shall be included as a debt under division (A)(10) of this section, depending upon the time when the claim for the additional amount is presented. (C) Any natural person or fiduciary who pays a claim of any creditor described in division (A) of this section shall be subrogated to the rights of that creditor proportionate to the amount of the payment and shall be entitled to reimbursement for that amount in accordance with the priority of payments set forth in that division. (D)(1) Chapters 2113. to 2125. of the Revised Code, relating to the manner in which and the time within which claims shall be presented, shall apply to claims set forth in divisions (A)(2), (6), and (9) of this section. Claims for an expense of administration or for the allowance for support need not be presented. The executor or administrator shall pay debts included in divisions (A)(4) and (8) of this section, of which the executor or administrator has knowledge, regardless of presentation. (2) The giving of written notice to an executor or administrator of a motion or application to revive an action pending against the decedent at the date of death shall be equivalent to the presentation of a claim to the executor or administrator for the purpose of determining the order of payment of any judgment rendered or decree entered in such an action. (E) No payments shall be made to creditors of one class until all those of the preceding class are fully paid or provided for. If the assets are insufficient to pay all the claims of one class, the creditors of that class shall be paid ratably. (F) If it appears at any time that the assets have been exhausted in paying prior or preferred charges, allowances, or claims, those payments shall be a bar to an action on any claim not entitled to that priority or preference.
Ohio Rev. Code § 2151.18 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.18
§ 2151.18. Court records - annual report - copies for distribution
Status: in_force

April 6, 2017 House Bill 410 - 131st General Assembly (A) The juvenile court shall maintain records of all official cases brought before it, including, but not limited to, an appearance docket, a journal, and records of the type required by division (A)(2) of section 2151.35 of the Revised Code. The parents, guardian, or other custodian of any child affected, if living, or the nearest of kin of the child, if the parents would be entitled to inspect the records but are deceased, may inspect these records, either in person or by counsel, during the hours in which the court is open. (B) Not later than June of each year, the court shall prepare an annual report covering the preceding calendar year showing the number and kinds of cases that have come before it, the disposition of the cases, and any other data pertaining to the work of the court that the juvenile judge directs. The report shall specify the number of children placed in alternatives to adjudication under division (G) of section 2151.27 of the Revised Code, the number who successfully completed alternatives to adjudication, and the number who failed to complete alternatives to adjudication and were adjudicated unruly. The court shall file copies of the report with the board of county commissioners and the supreme court. With the approval of the board, the court may print or cause to be printed copies of the report for distribution to persons and agencies interested in the court or community program for dependent, neglected, abused, or delinquent children and juvenile traffic offenders. The court shall include the number of copies ordered printed and the estimated cost of each printed copy on each copy of the report printed for distribution.
Ohio Rev. Code § 2117.06 — Ohio Revised Code / Title 21 / Chapter 2117 / § 2117.06
§ 2117.06. Presentation and allowance of creditor's claims - pending action against decedent
Status: in_force

April 3, 2023 Senate Bill 202 - 134th General Assembly (A) All creditors having claims against an estate, including claims arising out of contract, out of tort, on cognovit notes, or on judgments, whether due or not due, secured or unsecured, liquidated or unliquidated, shall present their claims in one of the following manners: (1) After the appointment of an executor or administrator and prior to the filing of a final account or a certificate of termination, in one of the following manners: (a) To the executor or administrator, or to an attorney who is identified as counsel for the executor or administrator in the probate court records for the estate of the decedent, in a writing; (b) To the probate court in a writing that includes the probate court case number of the decedent's estate; (c) In a writing that is actually received by the executor or administrator, or by an attorney who is identified as counsel for the executor or administrator in the probate court records for the estate of the decedent, within the appropriate time specified in division (B) of this section and without regard to whom the writing is addressed. For purposes of this division, if an executor or administrator is not a natural person, the writing shall be considered as being actually received by the executor or administrator only if the person charged with the primary responsibility of administering the estate of the decedent actually receives the writing within the appropriate time specified in division (B) of this section. (2) If the final account or certificate of termination has been filed, in a writing to those distributees of the decedent's estate who may share liability for the payment of the claim. (B) Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period. Every claim presented shall set forth the claimant's address. (C) Except as provided in section 2117.061 of the Revised Code, a claim that is not presented within six months after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees. No payment shall be made on the claim and no action shall be maintained on the claim, except as otherwise provided in sections 2117.37 to 2117.42 of the Revised Code with reference to contingent claims. (D) In the absence of any prior demand for allowance, the executor or administrator shall allow or reject all claims, except tax assessment claims, within thirty days after their presentation, provided that failure of the executor or administrator to allow or reject within that time shall not prevent the executor or administrator from doing so after that time and shall not prejudice the rights of any claimant. Upon the allowance of a claim, the executor or the administrator, on demand of the creditor, shall furnish the creditor with a written statement or memorandum of the fact and date of the allowance. (E) If the executor or administrator has actual knowledge of a pending action commenced against the decedent prior to the decedent's death in a court of record in this state, the executor or administrator shall file a notice of the appointment of the executor or administrator in the pending action within ten days after acquiring that knowledge. If the administrator or executor is not a natural person, actual knowledge of a pending suit against the decedent shall be limited to the actual knowledge of the person charged with the primary responsibility of administering the estate of the decedent. Failure to file the notice within the ten-day period does not extend the claim period established by this section. (F) This section applies to any person who is required to give written notice to the executor or administrator of a motion or application to revive an action pending against the decedent at the date of the death of the decedent. (G) Nothing in this section or in section 2117.07 of the Revised Code shall be construed to reduce the periods of limitation or periods prior to repose in section 2125.02 or Chapter 2305. of the Revised Code, provided that no portion of any recovery on a claim brought pursuant to that section or any section in that chapter shall come from the assets of an estate unless the claim has been presented against the estate in accordance with Chapter 2117. of the Revised Code. (H) Any person whose claim has been presented and has not been rejected after presentment is a creditor as that term is used in Chapters 2113. to 2125. of the Revised Code. Claims that are contingent need not be presented except as provided in sections 2117.37 to 2117.42 of the Revised Code, but, whether presented pursuant to those sections or this section, contingent claims may be presented in any of the manners described in division (A) of this section. (I) If a creditor presents a claim against an estate in accordance with division (A)(1)(b) of this section, the probate court shall not close the administration of the estate until that claim is allowed or rejected. (J) The probate court shall not require an executor or administrator to make and return into the court a schedule of claims against the estate. (K) If the executor or administrator makes a distribution of the assets of the estate pursuant to section 2113.53 of the Revised Code and prior to the expiration of the time for the presentation of claims as set forth in this section, the executor or administrator shall provide notice on the account delivered to each distributee that the distributee may be liable to the estate if a claim is presented prior to the filing of the final account and may be liable to the claimant if the claim is presented after the filing of the final account up to the value of the distribution and may be required to return all or any part of the value of the distribution if a valid claim is subsequently made against the estate within the time permitted under this section. Last updated March 3, 2023 at 2:04 PM
Ohio Rev. Code § 2108.265 — Ohio Revised Code / Title 21 / Chapter 2108 / § 2108.265
§ 2108.265. Agreement regarding post-mortem procedures
Status: in_force

April 7, 2009 House Bill 529 - 127th General Assembly A coroner and a procurement organization shall enter into an agreement establishing protocols and procedures governing the relations between them when an anatomical gift of a part from a decedent whose body is under the jurisdiction of the coroner has been or might be made, but the coroner believes that the recovery of the part could interfere with the post-mortem investigation into the decedent's cause or manner of death. Decisions regarding the recovery of the part from the decedent shall be made in accordance with the agreement. The coroner and procurement organization shall evaluate the effectiveness of the agreement at regular intervals but not less than every two years.
Ohio Rev. Code § 2137.06 — Ohio Revised Code / Title 21 / Chapter 2137 / § 2137.06
§ 2137.06. Disclosure of content of electronic communications of deceased user
Status: in_force

April 6, 2017 House Bill 432 - 131st General Assembly If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian all of the following: (A) A written request for disclosure in physical or electronic form; (B) A copy of the death certificate of the user; ( C) A copy of the letter of appointment of the personal representative, the entry appointing a commissioner under division (E) of section 2113.03 of the Revised Code, or the entry granting summary release from administration under division (E) of section 2113.031 of the Revised Code; (D) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; (E) If requested by the custodian, any of the following: (1) A number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account; (2) Evidence linking the account to the user; (3) A finding by the court that one of the following applies: (a) The user had a specific account with the custodian, identifiable by the information specified in division (E)(1) of this section. (b) Disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., as amended, 47 U.S.C. 222, as amended, or other applicable law. (c) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications. (d) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.
Ohio Rev. Code § 2109.62 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.62
§ 2109.62. Court termination of trust
Status: in_force

April 6, 2017 House Bill 432 - 131st General Assembly (A)(1) Upon the filing of a motion by a trustee with the court that has jurisdiction over the trust, upon the provision of reasonable notice to all beneficiaries who are known and in being and who have vested or contingent interests in the trust, and after holding a hearing, the court may terminate the trust, in whole or in part, if it determines that all of the following apply: (a) It is no longer economically feasible to continue the trust. (b) The termination of the trust is for the benefit of the beneficiaries. (c) The termination of the trust is equitable and practical. (d) The current value of the trust is less than one hundred thousand dollars. (2) The existence of a spendthrift or similar provision in a trust instrument or will does not preclude the termination of a trust pursuant to this section. (B) If property is to be distributed from an estate being probated to a trust and the termination of the trust pursuant to this section does not clearly defeat the intent of the testator, the probate court has jurisdiction to order the outright distribution of the property or to make the property custodial property under sections 5814.01 to 5814.10 of the Revised Code. A probate court may so order whether the motion for the order is made by an inter vivos trustee named in the will of the decedent or by a testamentary trustee. (C) Upon the termination of a trust pursuant to this section, the probate court shall order the distribution of the trust estate in accordance with any provision specified in the trust instrument for the premature termination of the trust. If there is no provision of that nature in the trust instrument, the probate court shall order the distribution of the trust estate among the beneficiaries of the trust in accordance with their respective beneficial interests and in a manner that the court determines to be equitable. For purposes of ordering the distribution of the trust estate among the beneficiaries of the trust under this division, the court shall consider all of the following: (1) The existence of any agreement among the beneficiaries with respect to their beneficial interests; (2) The actuarial values of the separate beneficial interests of the beneficiaries; (3) Any expression of preference of the beneficiaries that is contained in the trust instrument.
Ohio Rev. Code § 2113.531 — Ohio Revised Code / Title 21 / Chapter 2113 / § 2113.531
§ 2113.531. General legacies - interest
Status: in_force

September 4, 1957 Senate Bill 428 - 102nd General Assembly General legacies shall bear no interest unless specifically provided in the will.
Ohio Rev. Code § 2113.861 — Ohio Revised Code / Title 21 / Chapter 2113 / § 2113.861
§ 2113.861. Apportionment of generation-skipping tax
Status: in_force

January 1, 2007 House Bill 416 - 126th General Assembly Except as provided in section 5815.27 of the Revised Code, the generation-skipping transfer tax imposed by Chapter 13 of subtitle B of the Internal Revenue Code of 1986, 100 Stat. 2718, 26 U.S.C. 2601-2624, as amended, and the generation-skipping tax levied by division (B) of section 5731.181 of the Revised Code shall be apportioned in the manner described in section 2113.86 of the Revised Code.
Ohio Rev. Code § 2151.4121 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.4121
§ 2151.4121. Disqualifying kin unwilling or not interested in providing permanency
Status: in_force

September 30, 2021 House Bill 110 - 134th General Assembly If a relative who received the required notice pursuant to section 2151.33 of the Revised Code fails within six months from the date of receipt to demonstrate interest in and willingness to provide a permanent home for a child, a court may excuse the public children services agency or private child placing agency from considering such relative for placement if the court has issued an order under section 2151.4119 of the Revised Code. Last updated September 15, 2021 at 6:13 PM
Ohio Rev. Code § 2101.31 — Ohio Revised Code / Title 21 / Chapter 2101 / § 2101.31
§ 2101.31. Determination of questions of fact
Status: in_force

July 6, 2001 Senate Bill 108 - 124th General Assembly All questions of fact shall be determined by the probate judge, unless the judge orders those questions of fact to be tried before a jury or refers those questions of fact to a special master commissioner as provided in sections 2101.06 and 2101.07 of the Revised Code.
Ohio Rev. Code § 2129.12 — Ohio Revised Code / Title 21 / Chapter 2129 / § 2129.12
§ 2129.12. Presentation of claims
Status: in_force

May 31, 1990 House Bill 346 - 118th General Assembly Creditors having claims against the estate of a nonresident decedent shall file them with the ancillary administrator who is appointed in accordance with sections 2109.21 and 2129.08 of the Revised Code, within the time and in the manner provided by sections 2117.06 and 2117.07 of the Revised Code.
Ohio Rev. Code § 2135.14 — Ohio Revised Code / Title 21 / Chapter 2135 / § 2135.14
§ 2135.14. Printed form of declaration
Status: in_force

October 29, 2003 House Bill NO72 - 125th General Assembly 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 consent or refuse to consent to mental health treatment and may designate a proxy to make mental health treatment decisions in accordance with this chapter. The printed form shall not be used as an instrument for granting any other type of authority or for making any other type of designation, including those declarations that may be made under Chapter 2133. of the Revised Code or designations made under Chapter 1337. of the Revised Code.
Ohio Rev. Code § 2151.359 — Ohio Revised Code / Title 21 / Chapter 2151 / § 2151.359
§ 2151.359. Order restraining or controlling conduct of parent, guardian, or custodian
Status: in_force

April 3, 2003 House Bill 400 - 124th General Assembly (A)(1) In any proceeding in which a child has been adjudicated an unruly, abused, neglected, or dependent child, on the application of a party, or on the court's own motion, the court may make an order restraining or otherwise controlling the conduct of any parent, guardian, or other custodian in the relationship of that individual to the child if the court finds that an order of that type is necessary to do either of the following: (a) Control any conduct or relationship that will be detrimental or harmful to the child. (b) Control any conduct or relationship that will tend to defeat the execution of the order of disposition made or to be made. (2) The court shall give due notice of the application or motion under division (A) of this section, the grounds for the application or motion, and an opportunity to be heard to the person against whom an order under this division is directed. The order may include a requirement that the child's parent, guardian, or other custodian enter into a recognizance with sufficient surety, conditioned upon the faithful discharge of any conditions or control required by the court. (B) The authority to make an order under division (A) of this section and any order made under that authority is in addition to the authority to make an order pursuant to division (C)(2) of section 2151.354 or division (A)(7)(b) of section 2152.19 of the Revised Code and to any order made under either division. (C) A person's failure to comply with any order made by the court under this section is contempt of court under Chapter 2705. of the Revised Code.
Ohio Rev. Code § 2107.59 — Ohio Revised Code / Title 21 / Chapter 2107 / § 2107.59
§ 2107.59. Sale of real property by executor's successor
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly When a will is admitted to probate, or a will made out of this state is admitted to record as provided by sections 2129.05 to 2129.07 of the Revised Code, and interests in real property are given or devised by the will to the executors named in the will, or nominated pursuant to a power as described in section 2107.65 of the Revised Code, to be sold or conveyed, or the interests in real property thereby are ordered to be sold by the executors and one or more of the executors dies, refuses to act, or neglects to take upon self the execution of the will, then all sales and conveyances of the interests in real property by the executors who took upon themselves in this state the execution of the will, or the survivor of them, shall be as valid as if the remaining executors had joined in the sale and conveyance. But if none of the executors take upon themselves the execution of the will, or if all the executors who take out letters testamentary die, resign, or are removed before the sale and conveyance of the interests in real property, or die, resign, or are removed after the sale and before the conveyance is made, the sale or conveyance, or both, shall be made by the administrator with the will annexed or, if any, by a successor executor or successor coexecutor nominated pursuant to a power as described in section 2107.65 of the Revised Code.
Ohio Rev. Code § 2113.61 — Ohio Revised Code / Title 21 / Chapter 2113 / § 2113.61
§ 2113.61. Application for certificate of transfer of real property
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly (A)(1) When real property passes by the laws of intestate succession or under a will, the administrator or executor shall file in probate court, at any time after the filing of an inventory that includes the real property but prior to the filing of the administrator's or executor's final account, an application requesting the court to issue a certificate of transfer as to the real property. Real property sold by an executor or administrator or land registered under Chapters 5309. and 5310. of the Revised Code is excepted from the application requirement. Cases in which an order has been made under section 2113.03 of the Revised Code relieving an estate from administration and in which the order directing transfer of real property to the person entitled to it may be substituted for the certificate of transfer also are excepted from the application requirement. (2) In accordance with division (C)(3)(b) of section 2113.031 of the Revised Code, an application for a certificate of transfer of an interest in real property included in the assets of the decedent's estate shall accompany an application for a summary release from administration under that section. This section applies to the application for and the issuance of the requested certificate of transfer except to the extent that the probate court determines that the nature of any of the provisions of this section is inconsistent with the nature of a grant of a summary release from administration. (B) Subject to division (A)(2) of this section, the application for a certificate of transfer shall contain all of the following: (1) The name, place of domicile at death, and date of death of the decedent; (2) A statement whether the decedent died testate or intestate; (3) The reason the property is being transferred to the devisee or devisees; (4) Whether any spousal elections have been exercised; (5) Whether any disclaimers or assignments have been filed; (6) A statement that all the known debts of the decedent's estate have been paid or secured to be paid, or that sufficient other assets are in hand to complete the payment of those debts or a statement that the estate is insolvent and the transfer is of the mansion house and is being made to satisfy all or a portion of the spousal allowance for support; (7) Other pertinent information that the court requires. (C) Subject to division (A)(2) of this section, within five days following the filing of an application for a certificate of transfer that complies with division (B) of this section, the court shall issue a certificate of transfer for record in each county in this state in which real property so passing is situated, that shall recite all of the following: (1) The name and date of death of the decedent; (2) Whether the decedent died testate or intestate; (3) The case number of the probate court record of the administration of the estate; (4) The names and places of residence of the devisees, the interests passing to them, the names and places of residence of the persons inheriting intestate, and the interests inherited by them, in each parcel of real property being transferred; (5) A description of each parcel of real property being transferred; (6) Other information that in the opinion of the court should be included. (D) If an executor or administrator has failed to file an application for a certificate of transfer before being discharged, the application may be filed by an heir or devisee, or a successor in interest, in the probate court in which the testator's will was probated or, in the case of intestate estates, in the probate court in which administration was had. If no administration was had on an estate and if no administration is contemplated, except in the case of the grant of or contemplated application for the grant of an order of a summary release from administration under section 2113.031 of the Revised Code, an application for a certificate of transfer may be filed by an heir or devisee, or a successor in interest, in the probate court of the county in which the decedent was a resident at the time of death or in which the real property of the decedent is located. (E) A foreign executor or administrator, if no ancillary administration proceedings have been had or are being had in this state, may file in accordance with this section an application for a certificate of transfer in the probate court of any county of this state in which real property of the decedent is located. (F) When a person who has entered into a written contract for the sale and conveyance of an interest in real property dies before its completion, the interest of the decedent in the contract and the record title to the real property described in the contract may be transferred to the devisees or heirs at law entitled to the interest of the decedent in the real property, in the same manner as provided in this section and section 2113.62 of the Revised Code for the transfer of real property. The application for the certificate of transfer and the certificate itself also shall recite that the real property described in the application or certificate is subject to a written contract for its sale and conveyance.
Ohio Rev. Code § 2107.07 — Ohio Revised Code / Title 21 / Chapter 2107 / § 2107.07
§ 2107.07. Deposit of will
Status: in_force

March 22, 2019 House Bill 595 - 132nd General Assembly A will may be deposited by the testator, or by some person for the testator, in the office of the judge of the probate court in the county in which the testator lives, before or after the death of the testator, and if deposited after the death of the testator, with or without applying for its probate. Upon the payment of the fee of twenty-five dollars to the court, the judge shall receive, keep, and give a certificate of deposit for the will. That will shall be safely kept until delivered or disposed of as provided by section 2107.08 of the Revised Code. If the will is not delivered or disposed of as provided in that section within one hundred years after the date the will was deposited, the judge may dispose of the will in any manner the judge considers feasible. The judge shall retain an electronic copy of the will prior to its disposal after one hundred years under this section. Every will that is so deposited shall be enclosed in a sealed envelope that shall be indorsed with the name of the testator. The judge shall indorse on the envelope the date of delivery and the person by whom the will was delivered. The envelope may be indorsed with the name of a person to whom it is to be delivered after the death of the testator. The will shall not be opened or read until delivered to a person entitled to receive it, until the testator files a complaint in the probate court for a declaratory judgment of the validity of the will pursuant to section 5817.02 of the Revised Code, or until otherwise disposed of as provided in section 2107.08 of the Revised Code. Subject to section 2107.08 of the Revised Code, the deposited will shall not be a public record until the time that an application is filed to probate it.
Ohio Rev. Code § 2131.07 — Ohio Revised Code / Title 21 / Chapter 2131 / § 2131.07
§ 2131.07. Estate in fee simple may be made defeasible
Status: in_force

October 1, 1953 House Bill 1 - 100th General Assembly An estate in fee simple may be made defeasible upon the death of the holder thereof without having conveyed or devised the same, and the limitation over upon such event shall be a valid future interest. For the purpose of involuntary alienation, such a defeasible fee is a fee simple absolute.
Ohio Rev. Code § 2133.02 — Ohio Revised Code / Title 21 / Chapter 2133 / § 2133.02
§ 2133.02. Declaration relating to use of life-sustaining treatment
Status: in_force

March 15, 2001 House Bill 494 - 123rd General Assembly (A)(1) An adult who is of sound mind voluntarily may execute at any time a declaration governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment. The declaration shall be signed at the end by the declarant or by another individual at the direction of the declarant, state the date of its execution, and either be witnessed as described in division (B)(1) of this section or be acknowledged by the declarant in accordance with division (B)(2) of this section. The declaration may include a designation by the declarant of one or more persons who are to be notified by the declarant's attending physician at any time that life-sustaining treatment would be withheld or withdrawn pursuant to the declaration. The declaration may include a specific authorization for the use or continuation or the withholding or withdrawal of CPR, but the failure to include a specific authorization for the withholding or withdrawal of CPR does not preclude the withholding or withdrawal of CPR in accordance with sections 2133.01 to 2133.15 or sections 2133.21 to 2133.26 of the Revised Code. (2) Depending upon whether the declarant intends the declaration to apply when the declarant is in a terminal condition, in a permanently unconscious state, or in either a terminal condition or a permanently unconscious state, the declarant's declaration shall use either or both of the terms "terminal condition" and "permanently unconscious state" and shall define or otherwise explain those terms in a manner that is substantially consistent with the provisions of section 2133.01 of the Revised Code. (3)(a) If a declarant who has authorized the withholding or withdrawal of life-sustaining treatment intends that the declarant's attending physician withhold or withdraw nutrition or hydration when the declarant is in a permanently unconscious state and when the nutrition and hydration will not or no longer will serve to provide comfort to the declarant or alleviate the declarant's pain, then the declarant shall authorize the declarant's attending physician to withhold or withdraw nutrition or hydration when the declarant is in the permanently unconscious state by doing both of the following in the declaration: (i) Including a statement in capital letters or other conspicuous type, including, but not limited to, a different font, bigger type, or boldface type, that the declarant's attending physician may withhold or withdraw nutrition and hydration if the declarant is in a permanently unconscious state and if the declarant's attending physician and at least one other physician who has examined the declarant determine, to a reasonable degree of medical certainty and in accordance with reasonable medical standards, that nutrition or hydration will not or no longer will serve to provide comfort to the declarant or alleviate the declarant's pain, or checking or otherwise marking a box or line that is adjacent to a similar statement on a printed form of a declaration; (ii) Placing the declarant's initials or signature underneath or adjacent to the statement, check, or other mark described in division (A)(3)(a)(i) of this section. (b) Division (A)(3)(a) of this section does not apply to the extent that a declaration authorizes the withholding or withdrawal of life-sustaining treatment when a declarant is in a terminal condition. The provisions of division (E) of section 2133.12 of the Revised Code pertaining to comfort care shall apply to a declarant in a terminal condition. (B)(1) If witnessed for purposes of division (A) of this section, a declaration shall be witnessed by two individuals as described in this division in whose presence the declarant, or another individual at the direction of the declarant, signed the declaration. The witnesses to a declaration shall be adults who are not related to the declarant by blood, marriage, or adoption, who are not the attending physician of the declarant, and who are not the administrator of any nursing home in which the declarant is receiving care. Each witness shall subscribe the witness' signature after the signature of the declarant or other individual at the direction of the declarant and, by doing so, attest to the witness' belief that the declarant appears to be of sound mind and not under or subject to duress, fraud, or undue influence. The signatures of the declarant or other individual at the direction of the declarant under division (A) of this section and of the witnesses under this division are not required to appear on the same page of the declaration. (2) If acknowledged for purposes of division (A) of this section, a declaration shall be acknowledged before a notary public, who shall make the certification described in section 147.53 of the Revised Code and also shall attest that the declarant appears to be of sound mind and not under or subject to duress, fraud, or undue influence. (C) An attending physician, or other health care personnel acting under the direction of an attending physician, who is furnished a copy of a declaration shall make it a part of the declarant's medical record and, when section 2133.05 of the Revised Code is applicable, also shall comply with that section. (D)(1) Subject to division (D)(2) of this section, an attending physician of a declarant or a health care facility in which a declarant is confined may refuse to comply or allow compliance with the declarant's declaration on the basis of a matter of conscience or on another basis. An employee or agent of an attending physician of a declarant or of a health care facility in which a declarant is confined may refuse to comply with the declarant's declaration on the basis of a matter of conscience. (2) If an attending physician of a declarant or a health care facility in which a declarant is confined is not willing or not able to comply or allow compliance with the declarant's declaration, the physician or facility promptly shall so advise the declarant and comply with the provisions of section 2133.10 of the Revised Code, or, if the declaration has become operative as described in division (A) of section 2133.03 of the Revised Code, shall comply with the provisions of section 2133.10 of the Revised Code. (E) As used in this section, "CPR" has the same meaning as in section 2133.21 of the Revised Code.
Ohio Rev. Code § 2111.46 — Ohio Revised Code / Title 21 / Chapter 2111 / § 2111.46
§ 2111.46. Guardianship of minors
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly When a guardian has been appointed for a minor before the minor is over fourteen years of age, the guardian's power shall continue until the ward arrives at the age of majority, unless removed for good cause or unless the ward selects another suitable guardian. After the selection is made and approved by the probate court and the person selected is appointed and qualified, the powers of the former guardian shall cease. The former guardian's final account as guardian shall then be filed and settled in court. Upon the termination of a guardianship of the person, estate, or both of a minor before the minor reaches eighteen years of age, if a successor guardian is not appointed and if the court finds that the minor is without proper care, the court shall certify a copy of its finding together with as much of the record and any further information that the court considers necessary, or as the juvenile court may request, to the juvenile court for further proceedings. Upon that certification, the juvenile court shall have exclusive jurisdiction respecting the minor.
Ohio Rev. Code § 2111.471 — Ohio Revised Code / Title 21 / Chapter 2111 / § 2111.471
§ 2111.471. Transfer of court having jurisdiction
Status: in_force

October 5, 1961 Senate Bill 3 - 104th General Assembly If the ward for whom a guardian has been appointed removes to another county within this state and acquires a new residence or legal settlement therein, the probate court having jurisdiction over the guardian and the ward, may, on its own motion, or on motion of the guardian or any interested party, with the consent of the probate court of the county to which such ward has removed, transfer the jurisdiction over said guardian and ward to such probate court, provided it appears that such transfer would be in the best interest of the ward. Thereupon, the original probate court shall prepare certified copies of the appointment, letters of guardianship, bond, inventory, the last account, if any, a full and complete transcript of its docket and journal entries up to and including the order of transfer and copies of such other papers as may be requested by the receiving court, and shall cause the same to be filed in the probate court accepting jurisdiction, all costs to be paid by the guardian out of the assets of the estate of the ward. Upon the filing of the certified copies of the original papers and the transcript, and the payment of costs, the probate court to which the proceedings have been transferred may assign a case number and by journal entry, accept jurisdiction. A copy of the entry accepting jurisdiction shall be returned to the court of original jurisdiction. Thereupon, the probate court to which the proceedings have been transferred shall acquire jurisdiction over the guardian and the ward as though such probate court had jurisdiction and appointed the guardian in the first instance, and the jurisdiction of the probate court from which the proceedings have been transferred shall cease.
Ohio Rev. Code § 2109.42 — Ohio Revised Code / Title 21 / Chapter 2109 / § 2109.42
§ 2109.42. Liability for failure to invest
Status: in_force

January 13, 2012 Senate Bill 124 - 129th General Assembly Subject to section 2109.372 of the Revised Code, a fiduciary who has funds belonging to a trust that are not required for payment of current obligations of the fiduciary's trust or distribution shall, unless otherwise ordered by the probate court, invest those funds within a reasonable time according to section 2109.37 or 2109.371 of the Revised Code. On failure to do so, the fiduciary shall account to the trust for any loss of interest that is found by the court to be due to the fiduciary's negligence.