reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.46 | Guardianship of Minors.

Effective:
January 13, 2012
Latest Legislation:
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.47 | Wards Other Than Minors.

Effective:
August 7, 2007
Latest Legislation:
House Bill 53 - 127th General Assembly
Upon reasonable notice to the guardian, to the ward, and to the person on whose application the appointment was made, and upon satisfactory proof that the necessity for the guardianship no longer exists or that the letters of appointment were improperly issued, the probate court shall order that the guardianship of an incompetent terminate and shall make an appropriate entry upon the journal. Thereupon the guardianship shall cease, the accounts of the guardian shall be settled by the court, and the ward shall be restored to the full control of the ward's property as before the appointment. Such entry terminating the guardianship of an incompetent person shall have the same effect as a determination by the court that such person is competent.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.471 | Transfer of Court Having Jurisdiction.

Effective:
October 5, 1961
Latest Legislation:
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.48 | Certain Acts Validated.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
All sales, leases, encumbrances, or liens made or created on any real property located in this state by guardians for persons who are incompetent by reason of advanced age or mental or physical disability since August 17, 1919, by order of any court of this state shall not be declared invalid for the reason that the guardians for the incompetents were not vested with all the statutory powers given to guardians of incompetents. Those acts of guardians for incompetents are legal and effective.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2111 | Guardians; Conservatorships › Section 2111.51 | County Indigent Guardianship Fund.

Effective:
November 9, 1994
Latest Legislation:
House Bill 457 - 120th General Assembly
Each county shall establish in the county treasury an indigent guardianship fund. All revenue that the general assembly appropriates to the indigent guardianship fund for a county, thirty dollars of the thirty-five-dollar fee collected pursuant to division (A)(34) of section 2101.16 of the Revised Code, and twenty dollars of the sixty-dollar fee collected pursuant to division (A)(59) () of that section shall be deposited into the fund that is established in that county. Expenditures from the fund shall be made only upon order of the probate judge and only for payment of any cost, fee, charge, or expense associated with the establishment, opening, maintenance, or termination of a guardianship for an indigent ward.
If a probate court determines that there are reasonably sufficient funds in the indigent guardianship fund of the county in which the court is located to meet the needs of indigent guardianships in that county, the court, by order, may declare a surplus in the indigent guardianship fund and expend the surplus funds for other guardianship expenses or for other court purposes.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.011 | Short Title.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
Chapter 2112. of the Revised Code may be cited as the Adult Guardianship and Protective Proceedings Jurisdiction Act.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.02 | International Application of Chapter.

Effective:
March 22, 2013
Latest Legislation:
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.03 | Communication Between Courts.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
(A) A probate court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The probate court may allow the parties to participate in the communication. Except as otherwise provided in division (B) of this section, the probate court shall make a record of the communication. The record may be limited to the fact that the communication occurred.
(B) Probate courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.04 | Cooperation Between Courts.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
(A) In a guardianship or protective proceeding in this state, a probate court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce evidence or give testimony pursuant to the procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent;
(4) Order any appropriate investigation of a person involved in the proceeding;
(5) Forward to the probate court of this state a certified copy of the transcript or other record of a hearing under division (A)(1) of this section or any other proceeding, any evidence otherwise produced under division (A)(2) of this section, and any evaluation or assessment prepared in compliance with an order under division (A)(3) or (4) of this section;
(6) Issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the probate court to make a determination, including the respondent, ward, or a protected person;
(7) Issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as authorized in 45 C.F.R. 164.504, as amended.
(B) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in division (A) of this section, a probate court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. A probate court of this state may require an advance deposit for costs in an amount sufficient to obtain or provide the requested assistance.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.05 | Taking Testimony in Another State.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
(A) In a guardianship proceeding or protective proceeding, in addition to other procedures that may be available, the testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The probate court on the court's own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(B) In a guardianship or protective proceeding, a probate court in this state may permit a witness located in another state to be deposed or to testify by telephone, audiovisual, or other electronic means. A probate court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(C) Documentary evidence transmitted from another state to a probate court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
(D) A probate court of this state may adopt local rules of practice that promote the use of any device or procedure to facilitate the expeditious disposition of the cases.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.21 | Jurisdiction.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
(A) A probate court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if any of the following applies:
(1) This state is the respondent's home state.
(2) On the date that the application is filed, this state is a significant-connection state, and either of the following applies:
(a) The respondent does not have a home state, or a court of the respondent's home state has declined to exercise jurisdiction because this state is a more appropriate forum.
(b) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and before the probate court makes the appointment or issues the order all of the following apply:
(i) An application for an appointment or order is not filed in the respondent's home state.
(ii) An objection to the probate court's jurisdiction is not filed by a person required to be notified of the proceeding.
(iii) The probate court in this state concludes that the probate court is an appropriate forum under the factors set forth in section 2112.24 of the Revised Code.
(3) This state does not have jurisdiction under division (A) or (B) of this section, the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States.
(4) The requirements for special jurisdiction under section 2112.22 of the Revised Code are met.
(B) In determining whether a respondent has a significant connection with a particular state for purposes of this section, the probate court may consider any of the following:
(1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;
(2) The length of time the respondent at any time was physically present in the state and the duration of any absence;
(3) The location of the respondent's property;
(4) The extent to which the respondent has ties to the state, including, but not limited to, voting registration, state or local tax return filing, vehicle registration, driver's license, social relationships, and receipt of services.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.22 | Special Jurisdiction.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
(A) A probate court of this state lacking jurisdiction under section 2112.21 of the Revised Code has special jurisdiction to do any of the following:
(1) Appoint a guardian in an emergency for a respondent who is physically present in this state;
(2) Issue a protective order in an emergency with respect to the adult or to the real or tangible personal property located in this state;
(3) Appoint a guardian for a ward or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 2112.31 of the Revised Code.
(B) If an application for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date that the application was filed, the probate court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.23 | Exclusive and Continuing Jurisdiction.

Effective:
March 22, 2013
Latest Legislation:
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.24 | Appropriate Forum.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
(A) A probate court of this state having jurisdiction under section 2112.21 of the Revised Code to appoint a guardian or issue a protective order may decline to exercise the court's jurisdiction if the probate court determines at any time that a court of another state is a more appropriate forum.
(B) If a probate court of this state declines to exercise the court's jurisdiction under division (A) of this section, the probate court shall either dismiss or stay the proceeding. The probate court may impose any condition that the probate court considers just and proper, including the condition that an application for the appointment of a guardian or issuance of a protective order be filed promptly in another state.
(C) In determining whether it is an appropriate forum, the probate court shall consider all relevant factors, including, but not limited to, the following:
(1) Any expressed preference of the respondent;
(2) Whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;
(3) The length of time the respondent was physically present in or was a legal resident of this or another state;
(4) The distance of the respondent from the court in each state;
(5) The financial circumstances of the respondent's estate;
(6) The nature and location of the evidence;
(7) The ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;
(8) The familiarity of the court of each state with the facts and issues in the proceeding;
(9) The probate court's ability, if an appointment were made, to monitor the conduct of the guardian;
(10) Any other factors that the probate court considers relevant.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.25 | Jurisdiction Declined by Reason of Conduct.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
(A) If at any time a probate court of this state determines that the probate court has acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the probate court may do any of the following:
(1) Decline to exercise jurisdiction;
(2) Exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or to prevent a repetition of the unjustifiable conduct, including staying the proceeding until an application for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction;
(3) Continue to exercise jurisdiction after considering all of the following:
(a) The extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the probate court's jurisdiction;
(b) Whether the probate court is a more appropriate forum than the court of any other state under the factors set forth in division (C) of section 2112.24 of the Revised Code;
(c) Whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 2112.21 of the Revised Code.
(B) If a probate court of this state determines that the probate court has acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke the court's jurisdiction engaged in unjustifiable conduct, the probate court may assess against that party necessary and reasonable expenses, including, but not limited to, attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. Except as otherwise provided by any provision of the Revised Code, the probate court may not assess fees, costs, or expenses of any kind against this state or a governmental subdivision, agency, or instrumentality of this state.
(C) As used in this section, "unjustifiable conduct" includes, but is not limited to, conduct by a person that attempts to create jurisdiction in this state by removing the adult from the adult's home state, secreting the adult, retaining the adult, or restraining or otherwise preventing the adult from returning to the adult's home state in order to prevent or deprive a court of the adult's home state from taking jurisdiction.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.26 | Notice of Proceeding.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
If an application for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date that the application was filed, in addition to complying with the notice requirements of this state, the applicant shall give notice of the application to those persons who would be entitled to notice of the application if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in this state.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.27 | Proceedings in More Than One State.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
Except for an application for the appointment of a guardian in an emergency or issuance of a protective order in an emergency, if an application for the appointment of a guardian or issuance of a protective order is filed in this state and in another state and neither application has been dismissed or withdrawn, the following rules apply:
(A) If the probate court in this state has jurisdiction under section 2112.21 of the Revised Code, the probate court may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 2112.21 of the Revised Code before the appointment or issuance of the order.
(B) If the probate court in this state does not have jurisdiction under section 2112.21 of the Revised Code, whether at the time the application is filed or at any time before the appointment or issuance of the order, the probate court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the probate court in this state shall dismiss the application unless the court in the other state determines that the probate court in this state is a more appropriate forum.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.32 | Accepting Guardianship or Conservatorship Transferred From Another State.

Effective:
March 22, 2013
Latest Legislation:
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.41 | Registration of Guardianship Orders.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
If a guardian has been appointed in another state and an application for the appointment of a guardian of the person is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in this state by filing as a foreign judgment in a probate court, in any appropriate county of this state, certified copies of the order and letters of office.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.42 | Registration of Guardianship Orders.

Effective:
March 22, 2013
Latest Legislation:
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2112 | Adult Guardianship and Protective Proceedings Jurisdiction Act › Section 2112.43 | Effect of Registration.

Effective:
March 22, 2013
Latest Legislation:
House Bill 27 - 129th General Assembly
(A) Upon the registration of a guardianship or protective order from another state, the guardian may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including maintaining actions and proceedings in this state and, if the guardian is not a resident of this state, subject to any conditions imposed upon nonresident parties.
(B) A probate court of this state may grant any relief available under the Revised Code to enforce a registered order.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.01 | What Court Shall Grant Letters.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Upon the death of a resident of this state who dies intestate, letters of administration of the decedent's estate shall be granted by the probate court of the county in which the decedent was a resident at the time of death.
If the will of any person is admitted to probate in this state, letters testamentary or of administration shall be granted by the probate court in which the will was admitted to probate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.032 | Application for Release of Medical and Billing Records.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
Any person who is eligible to be appointed as a personal representative of an estate under the law of this state or named as executor in a will may file an application with the probate court in the county in which the decedent resided seeking the release of the decedent's medical records and medical billing records for use in evaluating a potential wrongful death, personal injury, or survivorship action on behalf of the decedent. The application shall include a decedent's estate form listing the decedent's known surviving spouse, children, next of kin, legatees, and devisees, if any. The application may be filed prior to the filing of any application for authority to administer the decedent's estate. Nothing in this section requires that an application to administer the decedent's estate be filed if no estate is needed to be administered, unless otherwise required by law. The probate court shall send a copy of the application to those persons listed on the decedent's estate form described in this section unless otherwise directed by the court. Upon the filing of the application and the payment of a filing fee as determined by the court, and not earlier than ten days following the probate court's transmission of a copy of the application to those persons listed on the decedent's estate form, the probate court may order that the medical records and medical billing records be released without a hearing or with a hearing if needed. The court's order shall direct all medical providers that provided medical care or treatment to the decedent to release those medical records and medical billing records to the applicant for the limited purpose of deciding whether or not to file a wrongful death, personal injury, or survivorship action. The medical records and medical billing records are confidential and shall not be made available for public viewing unless otherwise provided for by law or subsequent court order. Upon obtaining the requested applicable records, and before the expiration of the applicable statute of limitations, the applicant shall file a report with the court certifying that all requested medical records and medical billing records have been received and shall indicate whether an administration of the decedent's estate will be filed.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.04 | Payment of Wages of Deceased Employee Without Administration.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) Any employer, including the state or a political subdivision, at any time after the death of an employee, may pay all wages or personal earnings due to the deceased employee to the following, preference being given in the order named, without requiring letters testamentary or letters of administration to be issued upon the estate of the deceased employee, and without requiring an Ohio estate tax release if the wages or personal earnings do not exceed five thousand dollars:
(1) The surviving spouse;
(2) Any one or more of the children eighteen years of age or older;
(3) The father or mother of the deceased employee.
(B) The payment of wages or personal earnings under division (A) of this section is a full discharge and release to the employer from any claim for the wages or personal earnings. If letters testamentary or letters of administration are thereafter issued upon the estate of the deceased employee, any person receiving payment of wages or personal earnings under that division is liable to the executor or administrator for the sum received by the person.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.041 | Request to Financial Institution to Release Account Proceed to Recover Costs of Services.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) The administrator of the medicaid estate recovery program established pursuant to section 5162.21 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a medicaid recipient who is subject to the medicaid estate recovery program. The affidavit shall include all of the following information:
(1) The name of the decedent;
(2) The name of any person who gave notice that the decedent was a medicaid recipient and that person's relationship to the decedent;
(3) The name of the financial institution;
(4) The account number;
(5) A description of the claim for estate recovery;
(6) The amount of funds to be recovered.
(B) A financial institution may release account proceeds to the administrator of the medicaid estate recovery program if all of the following apply:
(1) The decedent held an account at the financial institution that was in the decedent's name only.
(2) No estate has been, and it is reasonable to assume that no estate will be, opened for the decedent.
(3) The decedent has no outstanding debts known to the administrator of the medicaid estate recovery program.
(4) The financial institution has received no objections or has determined that no valid objections to release of proceeds have been received.
(C) If proceeds have been released pursuant to division (B) of this section and the department of medicaid receives notice of a valid claim to the proceeds that has a higher priority under section 2117.25 of the Revised Code than the claim of the medicaid estate recovery program, the department may refund the proceeds to the financial institution or pay them to the person or government entity with the claim.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.05 | Letters Testamentary Shall Issue.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a will is approved and allowed, the probate court shall issue letters testamentary to the executor named in the will or to the executor nominated by holders of a power as described in section 2107.65 of the Revised Code, or to the executor named in the will and to a coexecutor nominated by holders of that power, if the executor or coexecutor is suitable, competent, accepts the appointment, and gives bond if that is required.
If no executor is named in a will and no power as described in section 2107.65 of the Revised Code is conferred in the will, or if the executor named in a will or nominated pursuant to that power dies, fails to accept the appointment, resigns, or is otherwise disqualified and the holders of the power do not have authority to nominate another executor or the power is not conferred in the will, or if the power is conferred in a will but the power cannot be exercised because of the death of a holder of the power, letters of administration with the will annexed shall be granted to a suitable person or persons, named as devisees or legatees in the will, who would have been entitled to administer the estate if the decedent had died intestate, unless the will indicates an intention that the person or persons shall not be granted letters of administration. Otherwise, the court shall grant letters of administration with the will annexed to some other suitable person.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.06 | To Whom Letters of Administration Shall Be Granted.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) Administration of the estate of an intestate shall be granted to persons mentioned in this division, in the following order:
(1) To the surviving spouse of the deceased, if resident of the state;
(2) To one of the next of kin of the deceased, resident of the state.
(B) If the persons entitled to administer the estate under division (A) of this section fail to take or renounce administration voluntarily, the matter shall be set for hearing and notice given to the persons.
(C) If there are no persons entitled to administration, if they are for any reason unsuitable for the discharge of the trust, or if without sufficient cause they neglect to apply within a reasonable time for the administration of the estate, their right to priority shall be lost, and the court shall commit the administration to some suitable person who is a resident of the state, or to the attorney general or the attorney general's designee, if the department of medicaid is seeking to recover the costs of medicaid services from the deceased pursuant to section 5162.21 or 5162.211 of the Revised Code. The person granted administration may be a creditor of the estate.
(D) This section applies to the appointment of an administrator de bonis non.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.07 | Application for Appointment as Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Before being appointed executor or administrator, every person shall make and file an application that shall contain the names of the surviving spouse and all the next of kin of the deceased known to the applicant, their addresses of usual residence if known, a statement in general terms of what the estate consists and its probable value, and a statement of any indebtedness the deceased had against the applicant.
The application may be accompanied by a waiver signed by the persons who have priority to administer the estate, and, in the absence of a waiver, those persons shall be served notice for the purpose of ascertaining whether they desire to take or renounce administration. Minors who would have been entitled to priority to administer the estate except for their minority also shall be served notice pursuant to the Rules of Civil Procedure.
Letters of administration shall not be issued upon the estate of an intestate until the person to be appointed has made and filed a statement indicating that the person has no knowledge of a will of the intestate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.11 | Notice When Deceased Was an Alien.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon the filing of an application for appointment as executor or administrator of the estate of a deceased alien with surviving heirs residing in a foreign country, or as soon thereafter during the administration of the estate as the probate court ascertains that the deceased was an alien, the court shall cause notice of the proceedings to be forwarded by registered mail to the nearest consular representative of the country of which the deceased was a citizen. The executor or administrator shall inform the court that the deceased was an alien as soon as such fact is ascertained by such executor or administrator, but failure to inform the court of such fact or to notify such consular representative as provided in this section shall not delay nor invalidate the administration proceedings or any part thereof.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.12 | Procedure if Executor Renounces.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a person named as executor in the will of a decedent, or nominated as an executor by holders of a power as described in section 2107.65 of the Revised Code, refuses to accept the trust, or, if after being served notice for that purpose, neglects to appear and accept, or if the person named or nominated as executor neglects for twenty days after the probate of the will to give any required bond, the probate court shall grant letters testamentary to the other executor, if there is one capable and willing to accept the trust, and if there is no other executor named in the will or nominated by holders of a power as described in section 2107.65 of the Revised Code, the court shall commit administration of the estate, with the will annexed, to some suitable and competent person, pursuant to section 2113.05 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.13 | Minority of an Executor.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a person nominated as executor is under the age of eighteen years at the time of admitting the will to probate, administration may be granted with the will annexed during the nominee's minority, unless there is another executor who will accept the trust. If there is that other executor, the estate shall be administered by that executor until the minor arrives at full age when the former minor may be admitted as executor upon giving bond as provided in section 2109.04 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.14 | Executor of an Executor Not to Administer.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The executor of an executor has no authority, as such, to administer the estate of the first testator. On the death of the sole or surviving executor of a will, administration of that part of the estate of the first testator not already administered may be granted, with the will annexed, to the person that the probate court appoints.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.15 | Special Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When there is delay in granting letters testamentary or of administration, the probate court may appoint a special administrator to collect and preserve the effects of the deceased and grant the special administrator any other authority that the court considers appropriate.
The special administrator shall collect the assets and debts of the deceased and preserve them for the executor or administrator who thereafter is appointed. For that purpose the special administrator may begin, maintain, or defend suits as administrator and also sell any assets the court orders sold. The special administrator shall be allowed the compensation for the special administrator's services that the court thinks reasonable, if the special administrator faithfully fulfills the fiduciary duties.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.16 | Termination of Powers of Special Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Upon granting of letters testamentary or of administration, the power of a special administrator appointed under section 2113.15 of the Revised Code shall terminate and the special administrator shall transfer to the executor or administrator all the assets of the deceased in the possession or under the control of the special administrator. The special administrator shall file an account of the special administration within thirty days of the appointment of the executor or administrator. The account shall be in conformance with section 2109.30 of the Revised Code. The executor or administrator may be admitted to prosecute any suit begun by the special administrator, as an administrator de bonis non is authorized to prosecute a suit commenced by a former executor or administrator.
If the special administrator neglects or refuses to transfer the assets and estate to the executor or administrator, the probate court may compel the transfer by citation and attachment. The executor or administrator also may proceed, by civil action, to recover the value of the assets from the special administrator and the special administrator's sureties.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.17 | Creditor's Claims Before Special Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
A creditor's claim may be presented in accordance with section 2117.06 of the Revised Code to a special administration appointed under section 2113.15 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.18 | Removal of Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate.
(B) The probate court may remove any executor or administrator upon motion of the surviving spouse, children, or other next of kin of the deceased person whose estate is administered by the executor or administrator if both of the following apply:
(1) The executor or administrator refuses to bring an action for wrongful death in the name of the deceased person.
(2) The court determines that a prima-facie case for a wrongful death action can be made from the information available to the executor or administrator.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.19 | Administrator De Bonis Non.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a sole executor or administrator dies without having fully administered the estate, the probate court shall grant letters of administration, with the will annexed or otherwise as the case requires, to some suitable person pursuant to section 2113.05 or 2113.06 of the Revised Code. That person shall administer the assets of the deceased not previously administered.