reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.01 | Definitions.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
As used in this chapter:
(A)(1) "Beneficiary under a trust" means either of the following:
(a) Any person that has a present or future beneficial interest in a trust, whether vested or contingent;
(b) Any person that, in a capacity other than that of trustee, holds a power of appointment over trust property, but does not include the class of permitted appointees among whom the power holder may appoint.
(2) "Beneficiary under a trust" includes a charitable organization that is expressly designated in the terms of the trust to receive distributions, but does not include any charitable organization that is not expressly designated in the terms of the trust to receive distributions, but to whom the trustee may in its discretion make distributions.
(B)(1) "Beneficiary under a will" means either of the following:
(a) Any person designated in a will to receive a testamentary disposition of real or personal property;
(b) Any person that, in a capacity other than that of executor, holds a power of appointment over estate assets, but does not include the class of permitted appointees among whom the power holder may appoint.
(2) "Beneficiary under a will" includes a charitable organization that is expressly designated in the terms of the will to receive testamentary distributions, but does not include any charitable organization that is not expressly designated in the terms of the will to receive distributions, but to whom the executor may in its discretion make distributions.
(C) "Court" means the probate court of the county in which the complaint under section 5817.02 or 5817.03 of the Revised Code is filed or the general division of the court of common pleas to which the probate court transfers the proceeding under division (A) of section 5817.04 of the Revised Code.
(D) "Related trust" means a trust for which both of the following apply:
(1) The testator is the settlor of the trust.
(2) The trust is named as a beneficiary in the will in accordance with section 2107.63 of the Revised Code.
(E) "Related will" means a will for which both of the following apply:
(1) The testator is the settlor of a trust.
(2) The will names the trust as a beneficiary in accordance with section 2107.63 of the Revised Code.
(F) "Trust" means an inter vivos revocable or irrevocable trust instrument to which, at the time the complaint for declaration of validity is filed under section 5817.03 of the Revised Code, either of the following applies:
(1) The settlor resides in, or is domiciled in, this state.
(2) The trust's principal place of administration is in this state.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.02 | Action by Testator.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) A testator may file a complaint with the probate court to determine before the testator's death that the testator's will is a valid will subject only to subsequent revocation or modification of the will. The right to file a complaint for a determination of the validity of a testator's will under this chapter, or to voluntarily dismiss a complaint once filed, is personal to the testator and may not be exercised by the testator's guardian or an agent under the testator's power of attorney.
(B) A testator who desires to obtain a validity determination as to the testator's will shall file a complaint to determine the validity of both the will and any related trust.
(C) The failure of a testator to file a complaint for a judgment declaring the validity of a will shall not be construed as evidence or an admission that the will is not valid.
(D) A complaint for a determination of the validity of a testator's will shall be accompanied by an express written waiver of the testator's physician-patient privilege provided in division (B) of section 2317.02 of the Revised Code.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.03 | Action by Settlor.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) A settlor may file a complaint with the probate court to determine before the settlor's death that the settlor's trust is valid and enforceable under its terms, subject only to a subsequent revocation or modification of the trust. The right to file a complaint for a determination of the validity of a settlor's trust under this chapter, or to voluntarily dismiss a complaint once filed, is personal to the settlor and may not be exercised by the settlor's guardian or an agent under the settlor's power of attorney.
(B) A settlor who desires to obtain a validity determination as to the settlor's trust shall file a complaint to determine the validity of both the trust and the related will.
(C) The failure of a settlor to file a complaint for a judgment declaring the validity of a trust shall not be construed as evidence or an admission that the trust is not valid.
(D) A complaint for a determination of the validity of a settlor's trust shall be accompanied by an express written waiver of the settlor's physician-patient privilege provided in division (B) of section 2317.02 of the Revised Code.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.04 | Jurisdiction; Venue.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) A complaint to determine the validity of a will or a trust shall be filed with the probate court. The probate judge, upon the motion of a party or the judge's own motion, may transfer the proceeding to the general division of the court of common pleas.
(B) The venue for a complaint under section 5817.02 of the Revised Code is either of the following:
(1) The probate court of the county in this state where the testator is domiciled;
(2) If the testator is not domiciled in this state, the probate court of any county in this state where any real property or personal property of the testator is located or, if there is no such property, the probate court of any county in this state.
(C) The venue for a complaint under section 5817.03 of the Revised Code is either of the following:
(1) The probate court of the county in this state where the settlor resides or is domiciled;
(2) If the settlor does not reside or is not domiciled in this state, the probate court of the county in this state in which the trust's principal place of administration is located.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.05 | Testator Complaint; Party Defendants.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) A complaint under section 5817.02 of the Revised Code shall name as party defendants all of the following, as applicable:
(1) The testator's spouse;
(2) The testator's children;
(3) The testator's heirs who would take property pursuant to section 2105.06 of the Revised Code had the testator died intestate at the time the complaint is filed;
(4) The testator's beneficiaries under the will;
(5) Any beneficiary under the testator's most recent prior will.
(B) A complaint under section 5817.02 of the Revised Code may name as a party defendant any other person that the testator believes may have a pecuniary interest in the determination of the validity of the testator's will.
(C) A complaint under section 5817.02 of the Revised Code may contain all or any of the following:
(1) A statement that a copy of the will has been filed with the court;
(2) A statement that the will is in writing;
(3) A statement that the will was signed by the testator, or was signed in the testator's name by another person in the testator's conscious presence and at the testator's express direction;
(4) A statement that the will was signed in the conscious presence of the testator by two or more competent individuals, each of whom either witnessed the testator sign the will, or heard the testator acknowledge signing the will;
(5) A statement that the will was executed with the testator's testamentary intent;
(6) A statement that the testator had testamentary capacity;
(7) A statement that the testator executed the will free from undue influence, not under restraint or duress, and in the exercise of the testator's free will;
(8) A statement that the execution of the will was not the result of fraud or mistake;
(9) The names and addresses of the testator and all of the defendants and, if any of the defendants are minors, their ages;
(10) A statement that the will has not been revoked or modified;
(11) A statement that the testator is familiar with the contents of the will.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.06 | Settlor Complaint; Party Defendants.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) A complaint under section 5817.03 of the Revised Code shall name as party defendants the following, as applicable:
(1) The settlor's spouse;
(2) The settlor's children;
(3) The settlor's heirs who would take property pursuant to section 2105.06 of the Revised Code had the settlor died intestate at the time the complaint is filed;
(4) The trustee or trustees under the trust;
(5) The beneficiaries under the trust;
(6) If the trust amends, amends and restates, or replaces a prior trust, any beneficiary under the settlor's most recent prior trust.
(B) A complaint under section 5817.03 of the Revised Code may name as a party defendant any other person that the settlor believes may have a pecuniary interest in the determination of the validity of the settlor's trust.
(C) A complaint under section 5817.03 of the Revised Code may contain all or any of the following:
(1) A statement that a copy of the trust has been filed with the court;
(2) A statement that the trust is in writing and was signed by the settlor;
(3) A statement that the trust was executed with the intent to create a trust;
(4) A statement that the settlor had the legal capacity to enter into and establish the trust;
(5) A statement that the trust has a definite beneficiary or is one of the following:
(a) A charitable trust;
(b) A trust for the care of an animal as provided in section 5804.08 of the Revised Code;
(c) A trust for a noncharitable purpose as provided in section 5804.09 of the Revised Code.
(6) A statement that the trustee of the trust has duties to perform;
(7) A statement that the same person is not the sole trustee and sole beneficiary of the trust;
(8) A statement that the settlor executed the trust free from undue influence, not under restraint or duress, and in the exercise of the settlor's free will;
(9) A statement that execution of the trust was not the result of fraud or mistake;
(10) The names and addresses of the settlor and all of the defendants and, if any of the defendants are minors, their ages;
(11) A statement that the trust has not been revoked or modified;
(12) A statement that the settlor is familiar with the contents of the trust.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.07 | Service of Process.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) Service of process, with a copy of the complaint and the will, and a copy of the related trust, if applicable, shall be made on every party defendant named in the complaint filed under section 5817.02 of the Revised Code, as provided in the applicable Rules of Civil Procedure.
(B) Service of process, with a copy of the complaint and the trust, and a copy of the related will, if applicable, shall be made on every party defendant named in the complaint filed under section 5817.03 of the Revised Code, as provided in the applicable Rules of Civil Procedure.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.08 | Hearing.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) After a complaint is filed under section 5817.02 or 5817.03 of the Revised Code, the court shall fix a time and place for a hearing.
(B) Notice of the hearing shall be given to the testator or settlor, as applicable, and to all party defendants, as provided in the applicable Rules of Civil Procedure.
(C) The hearing shall be adversarial in nature and shall be conducted pursuant to sections 2101.31 and 2721.10 of the Revised Code, except as otherwise provided in this chapter.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.09 | Burden of Proof.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) The testator or settlor has the burden of establishing prima facie proof of the execution of the will or trust, as applicable. A person who opposes the complaint has the burden of establishing one or more of the following:
(1) The lack of testamentary intent or the intent to create a trust, as the case may be;
(2) The lack of the testator's testamentary capacity, or the settlor's legal capacity to enter into and establish the trust;
(3) Undue influence, restraint, or duress on the testator or settlor;
(4) Fraud or mistake in the execution of the will or trust;
(5) Revocation of the will or trust.
(B) A party to the proceeding has the ultimate burden of persuasion as to the matters for which the party has the initial burden of proof.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.10 | Declaration of Validity.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A)(1) The court shall declare the will valid if it finds all of the following:
(a) The will was properly executed pursuant to section 2107.03 of the Revised Code or under any prior law of this state that was in effect at the time of execution.
(b) The testator had the requisite testamentary capacity, was free from undue influence, and was not under restraint or duress.
(c) The execution of the will was not the result of fraud or mistake.
(2) After the testator's death, unless the will is modified or revoked after the court's declaration under division (A)(1) of this section, the will has full legal effect as the instrument of the disposition of the testator's estate and shall be admitted to probate upon request.
(B)(1) The court shall declare the trust valid if it finds all of the following:
(a) The trust meets the requirements of section 5804.02 of the Revised Code.
(b) The settlor had the legal capacity to enter into and establish the trust, was free from undue influence, and was not under restraint or duress.
(c) The execution of the trust was not the result of fraud or mistake.
(2) Unless the trust is modified or revoked after the court's declaration, the trust has full legal effect.
(C) The court may, if it finds the will or trust to be valid, attach a copy of the valid document to the court's judgment entry, but failure to do so shall not affect the determination of validity of the will or trust.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.11 | Effect of Declaration.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) Unless the will or trust is modified or revoked, and except as otherwise provided in this section, no person may contest the validity of a will or trust that is declared valid in a proceeding pursuant to this chapter.
(B) The failure to name a necessary defendant under division (A) of section 5817.05 of the Revised Code is not jurisdictional. A declaration of a will's validity under this chapter shall be binding upon all defendants who were named or represented, and properly served pursuant to division (A) of section 5817.07 of the Revised Code, notwithstanding the failure to name a necessary defendant. However, if a person is one who should have been named a party defendant in the action in which the will was declared valid and if the person was not named a defendant and properly served in that action, that person, after the testator's death, may contest the validity of a will declared valid.
(C) The failure to name a necessary defendant under division (A) of section 5817.06 of the Revised Code is not jurisdictional. A declaration of a trust's validity under this chapter shall be binding upon all defendants who were named or represented, and properly served pursuant to division (B) of section 5817.07 of the Revised Code, notwithstanding the failure to name a necessary defendant. However, if a person is one who should have been named a party defendant in the action in which the trust was declared valid and if the person was not named a defendant and properly served in that action, that person may contest the validity of a trust declared valid.
(D) In determining whether a person was a party defendant and properly served in an action to declare a will or trust valid under this chapter, the representation rules of Chapter 5803. of the Revised Code shall be applied, and a person represented in the action under those rules is bound by the declaration of validity even if, by the time of the testator's death, or the challenge to the trust, the representing person has died or would no longer be able to represent the person to be represented in the proceeding under this chapter.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.12 | Subsequent Modification of Will.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) After a declaration of a will's validity under division (A)(1) of section 5817.10 of the Revised Code, the will may be modified by a later will or codicil executed according to the laws of this state or another state, and the will may be revoked under section 2107.33 of the Revised Code or other applicable law.
(B) The revocation by a later will, or other document under section 2107.33 of the Revised Code, of a will that has been declared valid under division (A)(1) of section 5817.10 of the Revised Code does not affect the will or the prior declaration of its validity if the later will or other document is found by a court of competent jurisdiction to be invalid due to the testator's lack of testamentary capacity, or undue influence, restraint, or duress on the testator, or otherwise.
(C) The amendment by a later codicil of a will that has been declared valid under division (A)(1) of section 5817.10 of the Revised Code does not affect the will or the prior declaration of its validity except as provided by the codicil. However, the codicil is not considered validated under this chapter unless its validity is also declared as provided in this chapter.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.13 | Subsequent Modification of Trust.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) After a declaration of a trust's validity under division (B)(1) of section 5817.10 of the Revised Code, the trust may be modified, terminated, revoked, or reformed under sections 5804.10 to 5804.16 of the Revised Code, or other applicable law.
(B) The modification, termination, revocation, or reformation by a new trust or other document of a trust that has been declared valid under division (B)(1) of section 5817.10 of the Revised Code does not affect the trust or the prior declaration of its validity if the later trust or other document is found by a court of competent jurisdiction to be invalid due to the settlor's lack of capacity, or undue influence, restraint, or duress on the settlor, or otherwise.
(C) An amendment of a trust that has been declared valid under division (B)(1) of section 5817.10 of the Revised Code does not affect the trust or the prior declaration of its validity except as provided by the amendment. However, the amendment is not considered validated under this chapter unless its validity is also declared as provided in this chapter.
2023 Ohio Revised Code › Title 58 | Trusts › Chapter 5817 | Determination of Validity of Trust or Will During Lifetime › Section 5817.14 | Admissibility of Evidence.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
(A) The finding of facts by a court in a proceeding brought under this chapter is not admissible as evidence in any proceeding other than a proceeding brought to determine the validity of a will or trust.
(B) The determination or judgment rendered in a proceeding under this chapter is not binding upon the parties to that proceeding in any action that is not brought to determine the validity of a will or trust.
(C) The failure of a testator to file a complaint for a judgment declaring the validity of a will that the testator has executed is not admissible as evidence in any proceeding to determine the validity of that will or any other will executed by the testator.
(D) The failure of a settlor to file a complaint for a judgment declaring the validity of a trust that the settlor has executed is not admissible as evidence in any proceeding to determine the validity of that trust or any other trust executed by the settlor.
Last updated May 6, 2021 at 5:28 PM
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.01 | Veterans' Services Definitions.

Effective:
March 17, 2000
Latest Legislation:
House Bill 118 - 123rd General Assembly
As used in sections 5901.01 to 5901.37 of the Revised Code:
(A) Except as otherwise provided in division (B) of this section, "veteran" means either of the following:
(1) A former member of the armed forces of the United States who served on active military duty and received an honorable discharge or honorable separation, a member of the armed forces of the United States who died on active military duty, or a member of the armed forces of the United States missing in action more than ninety days;
(2) A member of the United States merchant marine to whom either of the following applies:
(a) The member has an honorable report of separation from the active duty military service, form DD214 or DD215.
(b) The member served in the United States merchant marine between December 7, 1941, and December 31, 1946, and died on active duty while serving in a war zone during that period of service.
(B) As used in section 5901.08 and other sections of the Revised Code with regard to applications for financial assistance under sections 5901.02 to 5901.15 of the Revised Code, "veteran" means either of the following:
(1) A person who served in the armed forces of the United States on active military duty and was discharged from the service under honorable conditions, and who either served on active duty for reasons other than training or, while serving on active duty for training, incurred a disability recognized by the department of veterans affairs or department of defense as service-connected;
(2) A person who served in the United States merchant marine, who either served on active duty for reasons other than training or, while serving on active duty for training, incurred a disability recognized by the department of veterans affairs or department of defense as service-connected, and to whom either of the following applies:
(a) The person has an honorable report of separation from the active duty military service, form DD214 or DD215.
(b) The person served in the United States merchant marine between December 7, 1941, and December 31, 1946, and died on active duty while serving in a war zone during that period of service.
(C) "Veterans plot" means a plot of land in any cemetery, set apart to be exclusively used for interring the remains of deceased veterans.
(D) "United States merchant marine" includes the United States army transport service and the United States naval transport service.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.021 | Creation of Additional Memberships.

Effective:
August 22, 2008
Latest Legislation:
Senate Bill 289 - 127th General Assembly
(A) This section applies only to counties having a population, according to the most recent decennial census, of more than five hundred thousand.
(B)(1) In any county that is described in division (A) of this section and in which the veterans service commission submits a budget request under section 5901.11 of the Revised Code for the ensuing fiscal year that exceeds twenty-five-thousandths of one per cent of the assessed value of property in the county or the amount appropriated to the commission from the county general fund in the current fiscal year by more than ten per cent of that appropriation, the board of county commissioners, by resolution, may create not more than six memberships on the veterans service commission in addition to the memberships provided for by section 5901.02 of the Revised Code. The board shall prescribe the number of years the additional memberships shall exist, which shall not exceed five years. Once a board of county commissioners creates any additional memberships, it may not create further additional memberships under this section if the total number of such memberships would exceed six. The board shall appoint persons who are residents of the county and who are honorably discharged or honorably separated veterans to each of the additional memberships, for terms prescribed by the board and commencing on a date fixed by the board. Each person appointed to an additional membership shall file, within sixty days after the date of the appointment, the person's form DD214 with the department of veterans services in accordance with guidelines established by the director of that department.
(2) If the board of county commissioners appoints additional members as described in division (B)(1) of this section, the board may permit the commission to submit an original or revised budget request for the ensuing fiscal year later than the last Monday in May, as otherwise required under section 5901.11 of the Revised Code.
(C) The board of county commissioners may remove, for cause, any member appointed under this section. The board shall determine whether the additional members may be reappointed upon the expiration of their terms, and shall fill any vacancy in an additional membership for the unexpired term in the manner provided for the original appointment.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.03 | Organization and Duties of Commission.

Effective:
September 4, 2002
Latest Legislation:
Senate Bill 261 - 124th General Assembly
The veterans service commission shall select one of its members as president, one as vice-president, and one as secretary. The commission shall meet at least once each month. A judge of the court of common pleas may remove, for cause, any member of the commission appointed under section 5901.02 of the Revised Code, and shall fill vacancies occurring among memberships appointed under that section for the unexpired terms in the manner provided for the original appointments.
The commission's duties shall include but are not limited to the following:
(A) Employing such staff as are necessary to carry out the commission's duties, and fixing their compensation;
(B) Establishing policies and procedures for the administration of the commission and the veterans service office;
(C) Establishing policies and procedures for the administration of assistance as provided under this chapter;
(D) Causing the budgets of the veterans service commission and veterans service office to be presented to the board of county commissioners for approval;
(E) Establishing programs of outreach and coordination with other agencies to enhance available services to veterans within the county;
(F) Promoting, monitoring, and providing funding for ongoing education and training for veterans service commissioners and staff;
(G) Making reports to the organizations represented on the commission, as provided in section 5901.02 of the Revised Code, and to others, upon request;
(H) Establishing regularly scheduled transportation for veterans to and from veterans administration medical centers whose districts the county is within, through contractual agreements or through other arrangements determined by the commission to be most cost-effective;
(I) Participating in appropriate memorial and commemorative activities to help promote patriotism and veterans services;
(J) Taking any other actions required by this chapter.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.04 | Payment of Expenses and Compensation of Commissioners.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
On the presentation of an itemized statement, the board of county commissioners shall allow the persons composing the veterans service commission their reasonable expenses incurred in the performance of their duties, and shall fix a fair compensation for their services. The county auditor shall issue a warrant upon the county treasurer for the amount so allowed.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.05 | Veterans Service Committee.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
On the first Monday of January in each year, the veterans service commission may appoint for the county a veterans service committee, consisting of at least three persons who are residents of the county, whose duties shall be set forth by the commission. Such persons shall be veterans, one of whom shall be designated as chairperson of the county veterans service committee. The commission shall fill all vacancies that occur in any such committee, and may remove any member of a committee for cause.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.06 | Commission to Employ Executive Director, Investigators and Clerks.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
The veterans service commission may employ an executive director, who shall be a veteran and shall be employed in the unclassified service, and such investigators and clerks as are necessary to perform the duties of the commission. Each investigator and clerk shall be a veteran or, if a qualified veteran is not available, the spouse, surviving spouse, child, or parent of a veteran. Each shall be employed in the classified service and is exempt from civil service examination. The compensation of such investigators and clerks shall be established by the commission, and shall be paid from the county allotment of veterans service funds.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.07 | County Veterans Service Officers and Assistants.

Effective:
August 22, 2008
Latest Legislation:
Senate Bill 289 - 127th General Assembly
The veterans service commission shall employ one or more county veterans service officers, one of whom may act as executive director. Each service officer shall be a veteran. Within sixty days after the date of initial employment, each service officer shall file a copy of the officer's form DD214 with the department of veterans services in accordance with guidelines established by the director of that department. Each service officer shall be employed in the classified service and is exempt from civil service examination. The commission may remove a veterans service officer who fails to maintain accreditation or whose certification is revoked by the director of veterans services. The service officers shall advise and assist present and former members of the armed forces of the United States, veterans, and their spouses, surviving spouses, children, parents, and dependents in presenting claims or obtaining rights or benefits under any law of the United States or of this state.
The commission shall employ each service officer on a part- or full-time basis and fix the officer's compensation. No county commissioner or member of the veterans service commission shall be employed as a service officer.
The commission shall employ the necessary clerks, stenographers, and other personnel to assist the service officers in the performance of duties and shall fix their compensation. Each of these employees shall be a veteran or, if a qualified veteran is not available, the spouse, surviving spouse, child, or parent of a veteran. Each of these employees shall be employed in the classified service and is exempt from civil service examination.
The board of county commissioners, upon the recommendation or approval of the veterans service commission, may provide suitable office space, supplies, and office and incidental expenses for each service officer. The compensation of each service officer and of any employee and any expenses incurred under this section shall be paid out of funds appropriated to the commission, as provided in section 5901.11 of the Revised Code.
Last updated April 7, 2022 at 12:11 PM
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.08 | Applicants for Financial Assistance.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
Each applicant for financial assistance under sections 5901.02 to 5901.15 of the Revised Code shall be a veteran, an active-duty member of the armed forces of the United States, or the spouse, surviving spouse, dependent parent, minor child, or ward of a veteran or active-duty member of the armed forces of the United States, who has been a bona fide resident of the county in which application is being made for at least three months.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.11 | Determination of Probable Amount of Funds Needed.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
On or before the last Monday in May in each year, the veterans service commission shall meet and determine in an itemized manner the probable amount necessary for the aid and financial assistance of persons entitled to such aid and assistance and for the operation of the veterans service office for the ensuing year. After determining the probable amount necessary for such purposes, the commission shall prepare and submit a budget in the manner specified in division (C) of section 5705.28 of the Revised Code to the board of county commissioners which may review the proposed budget and shall appropriate funds to the commission pursuant to Title III, section 5705.05, and sections 5705.38 to 5705.41 of the Revised Code. The board, at its June session, shall make the necessary levy, not to exceed five-tenths of a mill per dollar on the assessed value of the property of the county, to raise the amount that the board approves. The veterans service commission may, prior to the first day of October in any year, submit to the board of county commissioners a written request for a hearing before the board to discuss the commission's budget request for the ensuing fiscal year. Upon receiving this request, the board shall provide for such a hearing at a regular or special meeting of the board to be held no later than fourteen days prior to the board's adoption of a permanent appropriation measure under section 5705.38 of the Revised Code.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.14 | Warrant for Allowance.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
To each person certified by the veterans service commission to the county auditor, the auditor shall issue a warrant upon the county treasurer for the allowance awarded to that person by the commission. Upon proper cause shown, the commission may appoint a suitable person to draw, receipt for, and properly expend the allowance made to any person under sections 5901.02 to 5901.15 of the Revised Code, after the voucher or certificate is endorsed by the person for whom the allowance is intended, for the benefit of the person and the indigent members of his family. No part of the allowance shall be paid to any person without such endorsement. The commission, at any meeting, may increase, decrease, or discontinue any allowance previously awarded, which action shall be certified to the auditor, who shall amend his list of recipients accordingly.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.15 | Immediate Assistance - Veterans Service Commission Unclaimed Assistance Fund.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
The veterans service commission shall adopt and implement rules to grant immediate assistance, financial or otherwise, to any person entitled to it under sections 5901.02 to 5901.14 of the Revised Code, and to any member, spouse, or dependent of any member of the Ohio national guard, the Ohio military reserve, the Ohio naval militia, or a reserve component of the armed forces of the United States serving active military duty because of an executive order issued by the president of the United States or an act of congress, until the benefits or pay and allowances to which the member, spouse, or dependent is entitled from the armed forces are available, under such rules as the commission designates. If any money so awarded as financial assistance is not called for by the applicant within sixty days after it is awarded, such amounts shall be paid into the county treasury to the veterans service commission unclaimed assistance fund, which is hereby created.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.16 | Application or Petition for Veterans Plot in Cemetery.

Effective:
September 14, 1988
Latest Legislation:
House Bill 626 - 117th General Assembly
Upon application in writing by a veterans organization in any municipal corporation or township, or upon a petition in writing by five or more veterans in any municipal corporation or township where no veterans organization exists, the veterans service commission of any county shall purchase or provide a veterans plot in any cemetery in such county or municipal corporation where no burial plot is provided, for the burial, removal, and reinterment of the bodies of neglected and indigent veterans.
The expense of such purchase shall be filed with and audited by the county auditor, who shall issue a warrant for it upon the county treasurer, who shall pay such warrant from the general fund of the county.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.17 | Expense for Care of Graves.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
On and after the interment of the remains of one or more deceased veterans in a veterans plot, the reasonable expenses of the care of the grave shall be annually provided for by the municipal corporation or township in which the remains are buried, and shall be paid annually to the cemetery association in which the remains may be interred, removed, or reinterred.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.18 | Petition for Burial or Removal and Reinterment.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
A petition may be presented to the county veterans service commission signed by the officers of a local or state veterans organization, or by a majority of a memorial committee of any municipal corporation in which one or more such organizations exist, or by veterans in townships or villages in which no veterans organization exists. Such petition shall contain:
(A) The name of the deceased veteran or veterans whose remains are sought to be buried or removed, and, if known, the company and regiment in which each served;
(B) The name and location of the cemetery in which each is interred, and from which removal is asked to be made;
(C) The name and location of the cemetery to which the remains are desired to be removed and reinterred;
(D) The facts showing the reason for such removal.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.19 | Order to Maintain Dignified Burial Site or for Removal and Reinterment - Maximum Expense to Be Specified.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
Within thirty days after the next succeeding regular meeting, the veterans service commission shall act upon any petition presented as provided by section 5901.18 of the Revised Code, and, if true, it shall issue an order to maintain a dignified burial site with the agreement of the petitioners, or direct the removal of the remains of the deceased veteran or veterans to the cemetery designated in the petition, within the municipal corporation or township, in which the remains are then to be buried, and the commission shall specify in the order the maximum expense of the proposed removal and reinterment, including the expense incurred by the commission. The order shall designate the persons who shall have charge of the burial or removal and reinterment.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.20 | Verified Statement of Burial or Removal.

Effective:
September 14, 1988
Latest Legislation:
House Bill 626 - 117th General Assembly
Upon the completion of the burial or removal and reinterment of a deceased veteran, the persons having charge thereof shall make an itemized statement, and shall verify and file such statement with the veterans service commission, which shall, at the next regular meeting, act upon such expense account and file it with the county auditor forthwith, at which time it shall become a charge upon the county in which the interment or reinterment is made.
Such expense shall be audited and the auditor shall issue a warrant for it on the county treasurer, who shall pay such warrant out of the general fund of the county.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.21 | Purchase of Additional Plots.

Effective:
September 14, 1988
Latest Legislation:
House Bill 626 - 117th General Assembly
If it becomes necessary to purchase additional plots of ground in any cemetery in which a veterans plot has been filled with graves to its capacity, sections 5901.16 to 5901.24 of the Revised Code do not prevent the purchase of such additional plots.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.22 | Contracts With Cemetery Associations for Purchase and Maintenance of Plots.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
The board of county commissioners, the board of townships trustees, or the legislative authority of a municipal corporation may enter into contracts with cemetery associations providing for the purchase and maintenance, in cemeteries within the county, of plots of ground for the burial of deceased veterans and the deceased spouses of veterans. Any such purchase may be made either by cash or by installment payments. The purchase price and maintenance cost of all such burial plots shall be paid from the treasury of the county, township, or municipal corporation contracting for such plots.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.23 | Plots Open for Burial on Application.

Effective:
July 22, 1994
Latest Legislation:
House Bill 448 - 120th General Assembly
Any veterans plot owned or maintained by any county, township, or municipal corporation shall be open for the burial of the body of any deceased veteran on application by a relative of the decedent or other proper person responsible for the disposition of the remains to the county, township, or municipal corporation owning or maintaining the plot.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.24 | Burial in Cemetery Not Provided With Plot.

Effective:
August 5, 1998
Latest Legislation:
Senate Bill 117 - 122nd General Assembly
If it is desired to bury the body or cremated remains of any deceased veteran in any cemetery not having a burial plot as provided by section 5901.22 of the Revised Code, the board of county commissioners, any board of township trustees, or the legislative authority of any municipal corporation in the county in which the cemetery is situated may purchase a space for the grave of the veteran or the veteran's cremated remains, provide for the care of the plot, and pay the amount of the purchase price and maintenance cost from the funds in the treasury of the county, township, or municipal corporation.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.25 | Commission to Contract for Burial of Indigent Veteran, Parent, Spouse or Surviving Spouse of Veteran.

Effective:
August 5, 1998
Latest Legislation:
Senate Bill 117 - 122nd General Assembly
The board of county commissioners shall require the veterans service commission, upon application and with the approval of the family or friends of the deceased, to contract, at a fair and reasonable price, with the funeral director selected by the family or friends, and cause to be interred or cremated in a decent and respectable manner the body of any veteran, or the parent, spouse, or surviving spouse of any such veteran, who dies without the means to defray the necessary funeral or cremation expenses. Such a burial may be made in any cemetery or burial ground within the state, other than those used exclusively for the burial of paupers and criminals.
2023 Ohio Revised Code › Title 59 | Veterans-Military Affairs › Chapter 5901 | Veterans' Services Commissions › Section 5901.26 | Duties of Commission as to Burial of Indigent.

Effective:
August 5, 1998
Latest Legislation:
Senate Bill 117 - 122nd General Assembly
Pursuant to section 5901.25 of the Revised Code, the veterans service commission shall use the forms of contracts prescribed by sections 5901.25 to 5901.32 of the Revised Code, and abide by the regulations provided by such sections. The commission shall see that funeral directors furnish all items specified in the contract, that when the benefits of such sections are claimed the entire amount to be contributed by the county toward the cost of the burial or cremation shall not exceed the sum of one thousand dollars, and that any remaining costs are paid by the family or friends of the deceased.