Postings

• H.B. 345 "Probate Omnibus". Effective July 23, 2002

There is a new house bill that will effect Probate Court. This bill went into effect on July 23, 2002. The Following are some of the Highlights of the Bill:

• R.C. §§ 1339.66 and 2109.62 - increase the threshold for terminating a trust from $50,000 to $100,000.
• R.C. §1548.072 - ownership of watercraft may be transferable on death when application is made for the certificate of title.
• R.C. §2106.18 - Right of surviving spouse to automobile of decedent - autos registered as transfer-on-death are not included in the two automobiles to which a surviving spouse is allowed (similar provision already existed for autos titled jointly).
• R.C. §2107.06 - a witness to a last will and testament must be at least 18 years.
• R.C. §2107.27 - Notice for admission to lost, spoliated or destroyed wills - Notice must now be given to spouse, all interested under 2105, all legatees named in the will, and all legatees and devisees named in the will that is revoked by the lost will (all individuals affected by admission of the lost will).
• R.C. §2107.27 - the parties to a lost will proceeding call and are responsible for the witnesses.
• R.C. § 2113.30 - Continuing decedent's business - allows a fiduciary to continue a decedent's business for 4 months instead of 1 month.
• R.C. §2113.61 - Certificate of transfer - specifically allows a certificate of transfer to be issued after an inventory is filed.
• R.C. §2117.25 - Order of debts to be paid - specifically subrogates the right of a creditor against that of a person who pays any of the decedent's debts. Elevates the payor to the status of what the creditor would be. (For example, a good Samaritan who paid the funeral bill would be entitled, after costs of administration, to $2000 for funeral expenses and $2000 for burial expenses.)
• R.C. §2305.121 - Statute of limitations - 2 year statute of limitations from date of grantor's death for actions to contest validity of trust; amendment of trust; revocation of trust; or the validity of transfers.
  

For more information see: www.legislature.state.oh.us/bills.cfm?ID=124_HB_345.

• New to the Forms Section. Effective March 2, 2002.

The Forms section of Probate Court's website underwent some minor changes again on Saturday March 2, 2002. The following is a brief explanation of the items that were added.

• Under Adoption->Individual Forms we added the following:
  • "Home Study List"
  • 200.30 - Application and Order For Recording Of Proceedings
  • 200.31 - Praecipe Of Transcript Of Proceedings
• Under Name Change->Individual Forms we:
  • Added 202.00 - Entry Setting Hearing
  • Removed 630.62 - Entry Adopting Decision of Magistrate
• Under Guardianship->Individual Forms we:
  • Added 210.05 - Consent To Attorney Fees
  • Added 213.80 - Entry Setting Hearing On Account
  • Added 245.XX - Application And Entry Extending Time For Filing
  • Removed 13.80 - Entry Setting Hearing On Account (Replaced by 213.80)
  • Removed 113.81 - Entry Continuing Hearing And Ordering Notice
• Under Estate Administration->Individual Forms we:
  • Added 245.XX - Application And Entry Extending Time For Filing
  • Removed 113.81 - Entry Continuing Hearing And Ordering Notice
• Under Conservatorship->Individual Forms we:
  • Added 245.XX - Application And Entry Extending Time For Filing
  • Added 213.80 - Entry Setting Hearing On Account
  • Removed 113.81 - Entry Continuing Hearing And Ordering Notice
• Under Trusts->Individual Forms we:
  • Added 213.80 - Entry Setting Hearing On Account
  • Added 245.XX - Application And Entry Extending Time For Filing
  • Removed 13.80 - Entry Setting Hearing On Account (Replaced by 213.80)
  • Removed 113.81 - Entry Continuing Hearing And Ordering Notice
    

• New to the Forms Section. Effective February 23, 2002.

The "200.21 - Entry Ordering Notice by Publication" for Adoption case types has been added to the Forms section. It can be found under "Forms - Adoptions - Individual Forms."

Furthermore, we have finished the forms needed to file a Declaration of Paternity. This required us to add a whole new section in the "Forms" section. This is also available on the home page. There are currently two forms for this case type, "658.00 - Joint Declaration" and "659.00 - Order Affirming Joint Declaration." These are available individually, or together in a packet.

Finally, the 5.9 - Report of Distribution can now be found with the other Individual Forms for Estate Administration.

• New to the Forms Section. Effective January 28, 2002.

We have just added "Custodial Account" to our forms section. You now have access to all of the forms needed to file a custodial account. Furthermore, form "13.8 - Entry Setting Hearing On Account" has changed it's form number to 213.80. Form 13.8 is now the "Application & Entry Extending Administration." This change is due to H.B. 85.

• H.B. 85 "2001 Probate Reform". Effective January 1, 2002.

House Bill 85 imposes many significant changes in the administration of decedent's estates. Since the obligation to file an Ohio Estate Tax Return has been eliminated for the vast majority of estates, the entire probate process has been accelerated. Some of the most important changes are highlighted here.

• An estate administration must be completed within 6 months unless one of six statutory tests are met, such as if an Ohio or Federal Estate Tax Return must be filed, or if there is a will contest or other litigation involving the estate.
• Notice of the admission of the will to probate must be sent within 2 weeks of its admission to probate.
• The certificate of notice of probate of will must be filed within 2 months of a fiduciary's appointment or the fiduciary and attorney will be cited to appear.
• The time period to bring a will contest is decreased from 4 months to 3 months.
• There is no waiting period to deposit unclaimed inheritances with the county treasurer. This is a change from the previous 6-month waiting period.
• The citation to a surviving spouse will be sent after the initial fiduciary appointment, not the filing of the inventory as is currently done. The spouse will have 5 months to make his or her decision. A fiduciary must provide a copy of an account to each heir or beneficiary unless their address is unknown.
• A supplemental final account is permitted when assets are discovered after a final account, in many cases eliminating the need to reopen an estate.
• Personal liability of distributees is limited under the new law, instead of joint and several liability.

H.B. 85 is intended to eliminate many of the delays commonly associated with probate administration. Administration of decedent's estates should be simpler and expedited under the Act.

Estates should be completed in 6 months or less in most cases. For more information see: www.legislature.state.oh.us/bills.cfm?ID=124_HB_85.