Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 686
2025-2026
Representative Schmidt
Cosponsors: Representatives Jarrells,
Click, Odioso, White, E., Lett, Brennan, Daniels, John, Johnson,
Deeter, Bird, Thomas, C.
To
amend sections 2101.16, 2101.162, 2111.03, 2111.121, 2111.51, and
2113.031 and to enact section 3109.044 of the Revised Code
to
enact the Parker Kahle Act regarding guardianship of an adult child
with a disability and the allocation of parental rights and
responsibilities.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
2101.16, 2101.162, 2111.03,
2111.121
,
2111.51, and 2113.031
be amended and section 3109.044 of the Revised Code be enacted to
read as follows:
Sec.
2101.16.
(A)
Except as provided in section 2101.164 of the Revised Code, the fees
enumerated in this division shall be charged and collected, if
possible, by the probate judge and shall be in full for all services
rendered in the respective proceedings:
1
2
3
A
(1)
Account,
in addition to advertising charges
B
___________________________________________________
$12.00
C
Waivers
and proof of notice of hearing on account, per page, minimum one
dollar
D
___________________________________________________
$1.00
E
(2)
Account
of distribution, in addition to advertising charges
F
___________________________________________________
$7.00
G
(3)
Adoption
of child, petition for
H
___________________________________________________
$20.00
I
(4)
Alter
or cancel contract for sale or purchase of real property,
complaint to
J
___________________________________________________
$20.00
K
(5)
Application
and order not otherwise provided for in this section or by rule
adopted pursuant to division (E) of this section
L
___________________________________________________
$5.00
M
(6)
Appropriation
suit, per day, hearing in
N
___________________________________________________
$20.00
O
(7)
Birth,
application for registration of
P
___________________________________________________
$7.00
Q
(8)
Birth
record, application to correct
R
___________________________________________________
$5.00
S
(9)
Bond,
application for new or additional
T
___________________________________________________
$5.00
U
(10)
Bond,
application for release of surety or reduction of
V
___________________________________________________
$5.00
W
(11)
Bond,
receipt for securities deposited in lieu of
X
___________________________________________________
$5.00
Y
(12)
Certified
copy of journal entry, record, or proceeding, per page, minimum
fee one dollar
Z
___________________________________________________
$1.00
AA
(13)
Citation
and issuing citation, application for
AB
___________________________________________________
$5.00
AC
(14)
Change
of name, petition for
AD
___________________________________________________
$20.00
AE
(15)
Claim,
application of administrator or executor for allowance of
administrator's or executor's own
AF
___________________________________________________
$10.00
AG
(16)
Claim,
application to compromise or settle
AH
___________________________________________________
$10.00
AI
(17)
Claim,
authority to present
AJ
___________________________________________________
$10.00
AK
(18)
Commissioner,
appointment of
AL
___________________________________________________
$5.00
AM
(19)
Compensation
for extraordinary services and attorney's fees for fiduciary,
application for
AN
___________________________________________________
$5.00
AO
(20)
Competency,
application to procure adjudication of
AP
___________________________________________________
$20.00
AQ
(21)
Complete
contract, application to
AR
___________________________________________________
$10.00
AS
(22)
Concealment
of assets, citation for
AT
___________________________________________________
$10.00
AU
(23)
Construction
of will, complaint for
AV
___________________________________________________
$20.00
AW
(24)
Continue
decedent's business, application to
AX
___________________________________________________
$10.00
AY
Monthly
reports of operation
AZ
___________________________________________________
$5.00
BA
(25)
Declaratory
judgment, complaint for
BB
___________________________________________________
$20.00
BC
(26)
Deposit
of guardianship nomination
BD
___________________________________________________
$10.00
BE
(26)
(27)
Deposit
of will
BF
___________________________________________________
$5.00
BG
(27)
(28)
Designation
of heir
BH
___________________________________________________
$20.00
BI
(28)
(29)
Distribution
in kind, application, assent, and order for
BJ
___________________________________________________
$5.00
BK
(29)
(30)
Distribution
under section 2109.36 of the Revised Code, application for an
order of
BL
___________________________________________________
$7.00
BM
(30)
(31)
Docketing
and indexing proceedings, including the filing and noting of all
necessary documents, maximum fee, fifteen dollars
BN
___________________________________________________
$15.00
BO
(31)
(32)
Exceptions
to any proceeding named in this section, contest of appointment or
BP
___________________________________________________
$10.00
BQ
(32)
(33)
Election
of surviving partner to purchase assets of partnership,
proceedings relating to
BR
___________________________________________________
$10.00
BS
(33)
(34)
Election
of surviving spouse under will
BT
___________________________________________________
$5.00
BU
(34)
(35)
Fiduciary,
including an assignee or trustee of an insolvent debtor or any
guardian or conservator accountable to the probate court,
appointment of
BV
___________________________________________________
$35.00
BW
(35)
(36)
Foreign
will, application to record
BX
___________________________________________________
$10.00
BY
Record
of foreign will, additional, per page
BZ
___________________________________________________
$1.00
CA
(36)
(37)
Forms
when supplied by the probate court, not to exceed
CB
___________________________________________________
$10.00
CC
(37)
(38)
Heirship,
complaint to determine
CD
___________________________________________________
$20.00
CE
(38)
(39)
Injunction
proceedings
CF
___________________________________________________
$20.00
CG
(39)
(40)
Improve
real property, petition to
CH
___________________________________________________
$20.00
CI
(40)
(41)
Inventory
with appraisement
CJ
___________________________________________________
$10.00
CK
(41)
(42)
Inventory
without appraisement
CL
___________________________________________________
$7.00
CM
(42)
(43)
Investment
or expenditure of funds, application for
CN
___________________________________________________
$10.00
CO
(43)
(44)
Invest
in real property, application to
CP
___________________________________________________
$10.00
CQ
(44)
(45)
Lease
for oil, gas, coal, or other mineral, petition to
CR
___________________________________________________
$20.00
CS
(45)
(46)
Lease
or lease and improve real property, petition to
CT
___________________________________________________
$20.00
CU
(46)
(47)
Marriage
license
CV
___________________________________________________
$10.00
CW
Certified
abstract of each marriage
CX
___________________________________________________
$2.00
CY
(47)
(48)
Minor
or incompetent person, etc., disposal of estate under twenty-five
thousand dollars of
CZ
___________________________________________________
$10.00
DA
(48)
(49)
Mortgage
or mortgage and repair or improve real property, complaint to
DB
___________________________________________________
$20.00
DC
(49)
(50)
Newly
discovered assets, report of
DD
___________________________________________________
$7.00
DE
(50)
(51)
Nonresident
executor or administrator to bar creditors' claims, proceedings by
DF
___________________________________________________
$20.00
DG
(51)
(52)
Power
of attorney or revocation of power, bonding company
DH
___________________________________________________
$10.00
DI
(52)
(53)
Presumption
of death, petition to establish
DJ
___________________________________________________
$20.00
DK
(53)
(54)
Probating
will
DL
___________________________________________________
$15.00
DM
Proof
of notice to beneficiaries
DN
___________________________________________________
$5.00
DO
(54)
(55)
Purchase
personal property, application of surviving spouse to
DP
___________________________________________________
$10.00
DQ
(55)
(56)
Purchase
real property at appraised value, petition of surviving spouse to
DR
___________________________________________________
$20.00
DS
(56)
(57)
Receipts
in addition to advertising charges, application and order to
record
DT
___________________________________________________
$5.00
DU
Record
of those receipts, additional, per page
DV
___________________________________________________
$1.00
DW
(57)
(58)
Record
in excess of fifteen hundred words in any proceeding in the
probate court, per page
DX
___________________________________________________
$1.00
DY
(58)
(59)
Release
of estate by mortgagee or other lienholder
DZ
___________________________________________________
$5.00
EA
(59)
(60)
Relieving
an estate from administration under section 2113.03 of the Revised
Code or granting an order for a summary release from
administration under section 2113.031 of the Revised Code
EB
___________________________________________________
$60.00
EC
(60)
(61)
Removal
of fiduciary, application for
ED
___________________________________________________
$10.00
EE
(61)
(62)
Requalification
of executor or administrator
EF
___________________________________________________
$10.00
EG
(62)
(63)
Resignation
of fiduciary
EH
___________________________________________________
$5.00
EI
(63)
(64)
Sale
bill, public sale of personal property
EJ
___________________________________________________
$10.00
EK
(64)
(65)
Sale
of personal property and report, application for
EL
___________________________________________________
$10.00
EM
(65)
(66)
Sale
of real property, petition for
EN
___________________________________________________
$25.00
EO
(66)
(67)
Terminate
guardianship, petition to
EP
___________________________________________________
$10.00
EQ
(67)
(68)
Transfer
of real property, application, entry, and certificate for
ER
___________________________________________________
$7.00
ES
(68)
(69)
Unclaimed
money, application to invest
ET
___________________________________________________
$7.00
EU
(69)
(70)
Vacate
approval of account or order of distribution, motion to
EV
___________________________________________________
$10.00
EW
(70)
(71)
Writ
of execution
EX
___________________________________________________
$5.00
EY
(71)
(72)
Writ
of possession
EZ
___________________________________________________
$5.00
FA
(72)
(73)
Wrongful
death, application and settlement of claim for
FB
___________________________________________________
$20.00
FC
(73)
(74)
Year's
allowance, petition to review
FD
___________________________________________________
$7.00
FE
(74)
(75)
Guardian's
report, filing and review of
FF
___________________________________________________
$5.00
FG
(75)
(76)
Person
with a mental illness subject to court order, filing of affidavit
and proceedings for
FH
___________________________________________________
$25.00
(B)(1)
In relation to an application for the appointment of a guardian or
the review of a report of a guardian under section 2111.49 of the
Revised Code, the probate court, pursuant to court order or in
accordance with a court rule, may direct that the applicant or the
estate pay any or all of the expenses of an investigation conducted
pursuant to section 2111.041 or division (A)(2) of section 2111.49 of
the Revised Code. If the investigation is conducted by a public
employee or investigator who is paid by the county, the fees for the
investigation shall be paid into the county treasury. If the court
finds that an alleged incompetent or a ward is indigent, the court
may waive the costs, fees, and expenses of an investigation.
(2)
In relation to the appointment or functioning of a guardian for a
minor or the guardianship of a minor, the probate court may direct
that the applicant or the estate pay any or all of the expenses of an
investigation conducted pursuant to section 2111.042 of the Revised
Code. If the investigation is conducted by a public employee or
investigator who is paid by the county, the fees for the
investigation shall be paid into the county treasury. If the court
finds that the guardian or applicant is indigent, the court may waive
the costs, fees, and expenses of an investigation.
(3)
In relation to the filing of an affidavit of mental illness for a
person with a mental illness subject to court order, the court may
waive the fee under division
(A)(75)
(A)(76)
of this section if the court finds that the affiant is indigent or
for good cause shown.
(C)
Thirty dollars of the thirty-five-dollar fee collected pursuant to
division
(A)(34)
(A)(35)
of this section and twenty dollars of the sixty-dollar fee collected
pursuant to division
(A)(59)
(A)(60)
of this section shall be deposited by the county treasurer in the
indigent guardianship fund created pursuant to section 2111.51 of the
Revised Code.
(D)
The fees of witnesses, jurors, sheriffs, coroners, and constables for
services rendered in the probate court or by order of the probate
judge shall be the same as provided for similar services in the court
of common pleas.
(E)
The probate court, by rule, may require an advance deposit for costs,
not to exceed one hundred twenty-five dollars, at the time
application is made for an appointment as executor or administrator
or at the time a will is presented for probate.
(F)(1)
The "putative father registry fund" is hereby created in
the state treasury. The department of children and youth shall use
the money in the fund to fund the department's costs of performing
its duties related to the putative father registry established under
section 3107.062 of the Revised Code.
(2)
If the department determines that money in the putative father
registry fund is more than is needed for its duties related to the
putative father registry, the department may use the surplus moneys
in the fund as permitted in division (D) of section 2151.3527 or
section 5103.155 of the Revised Code.
Sec.
2101.162.
(A)(1)
The probate judge may determine that, for the efficient operation of
the probate court, additional funds are required to computerize the
court, make available computerized legal research services, or to do
both. Upon making a determination that additional funds are required
for either or both of those purposes, the probate judge shall charge
a fee not to exceed three dollars or authorize and direct a deputy
clerk of the probate court to charge a fee not to exceed three
dollars, in addition to the fees specified in divisions (A)(1), (3),
(4), (6), (14) to (17), (20) to (25),
(27)
(28)
,
(30)
(31)
to
(32)
(33)
,
(34),
(35),
(36),
(37)
(38)
to
(48)
(49)
,
(50)
(51)
to
(55)
(56)
,
(59)
(60)
to
(61)
(62)
,
(63)
(64)
to
(66)
(67)
,
(69)
(70)
,
and
(72)
(73)
of section 2101.16 of the Revised Code and the fee charged in
connection with the docketing and indexing of an appeal.
(2)
All moneys collected under division (A)(1) of this section shall be
paid to the county treasurer. The treasurer shall place the moneys
from the fees in a separate fund to be disbursed, upon an order of
the probate judge, in an amount no greater than the actual cost to
the court of procuring and maintaining computerization of the court,
computerized legal research services, or both.
(3)
If the court determines that the funds in the fund described in
division (A)(2) of this section are more than sufficient to satisfy
the purpose for which the additional fee described in division (A)(1)
of this section was imposed, the court may declare a surplus in the
fund and expend those surplus funds for other appropriate
technological expenses of the court.
(B)(1)
The probate judge may determine that, for the efficient operation of
the probate court, additional funds are required to computerize the
office of the clerk of the court and, upon that determination, may
charge a fee, not to exceed ten dollars, or authorize and direct a
deputy clerk of the probate court to charge a fee, not to exceed ten
dollars, in addition to the fees specified in divisions (A)(1), (3),
(4), (6), (14) to (17), (20) to (25),
(27)
(28)
,
(30)
(31)
to
(32)
(33)
,
(34)
(35)
,
(35)
(36)
,
(37)
(38)
to
(48)
(49)
,
(50)
(51)
to
(55)
(56)
,
(59)
(60)
to
(61)
(62)
,
(63)
(64)
to
(66)
(67)
,
(69)
(70)
,
and
(72)
(73)
of section 2101.16 of the Revised Code and the fee charged in
connection with the docketing and indexing of an appeal. Subject to
division (B)(2) of this section, all moneys collected under this
division shall be paid to the county treasurer to be disbursed, upon
an order of the probate judge and subject to appropriation by the
board of county commissioners, in an amount no greater than the
actual cost to the probate court of procuring and maintaining
computer systems for the office of the clerk of the court.
(2)
If the probate judge makes the determination described in division
(B)(1) of this section, the board of county commissioners may issue
one or more general obligation bonds for the purpose of procuring and
maintaining the computer systems for the office of the clerk of the
probate court. In addition to the purposes stated in division (B)(1)
of this section for which the moneys collected under that division
may be expended, the moneys additionally may be expended to pay debt
charges on and financing costs related to any general obligation
bonds issued pursuant to this division as they become due. General
obligation bonds issued pursuant to this division are Chapter 133.
securities.
Sec.
2111.03.
(A)
A
person applying for appointment as a guardian, including, but not
limited to, as a limited guardian, pursuant to section 2111.02 of the
Revised Code, shall file with the probate court an application that
contains a statement of the whole estate of the ward, its probable
value, and the probable annual rents of the ward's real property, and
that also contains the following:
(A)
(1)
A statement whether the applicant ever has been charged with or
convicted of any crime involving theft, physical violence, or sexual,
alcohol, or substance abuse, and, if the applicant has been so
charged or convicted, the date and place of each charge and each
conviction;
(B)
(2)
A statement whether a limited guardianship is sought and, if sought,
a specification of the limited powers that are requested and a
statement whether the limited guardianship is to be for a definite or
indefinite period;
(C)
(3)
In the case of an application for the appointment of a guardian of a
minor, all of the following:
(1)
(a)
Name, age, and residence of the minor;
(2)
(b)
Name and residence of each parent of the minor;
(3)
(c)
Name, degree of kinship, age, and address of next of kin of the
minor, if no parent is living or if a parent of the minor is absent,
under disability, or for other reason cannot be notified;
(4)
(d)
Name and residence address of the person having custody of the minor.
(D)
(4)
In the case of an application for the appointment of a guardian of an
alleged incompetent, all of the following:
(1)
(a)
Name, age, and residence of the person for whom such appointment is
sought;
(2)
(b)
Facts upon which the application is based;
(3)
(c)
Name, degree of kinship, age, and address of the next of kin of the
alleged incompetent.
(B)
The
court, on its own motion, shall proceed as provided in this chapter,
upon suggestion by the bureau of workers' compensation that any
person who has made application for or been awarded compensation or
death benefits as an employee or the dependent of a killed employee
is a minor or incompetent. In that case, no application need be filed
and the bureau shall furnish the court with the name and residence of
such person and the name, degree of kinship, age, and address of the
father, mother, or next of kin of such person insofar as known by the
bureau.
(C)
A parent or legal custodian may apply for guardianship of the
applicant's incompetent adult child at any time after the child
reaches seventeen years and six months of age.
The
applicant shall notify the probate court if the child is the subject
of a pending proceeding or a court order to allocate parental rights
and responsibilities. If the child is the subject of such a pending
proceeding or court order at the time of the filing of the
application, the applicant shall serve a copy of the guardianship
hearing notice upon the court with jurisdiction over the proceeding
or court order.
Sec.
2111.121.
(A)
A person may nominate in a writing, as described in this division,
another person to be the guardian of the nominator's person, estate,
or both or the guardian of the person, the estate, or both, of one or
more of the nominator's minor or incompetent adult children, whether
born at the time of the execution of the writing or afterward,
subject to notice and a hearing pursuant to section 2111.02 of the
Revised Code. The nomination is for consideration by a court if
proceedings for the appointment of a guardian of the person, the
estate, or both, for the person making the nomination or if
proceedings for the appointment of a guardian as the guardian of the
person, the estate, or both of one or more of the nominator's minor
or incompetent adult children are commenced at a later time. The
person may authorize, in a writing of that nature, the person
nominated as guardian to nominate a successor guardian for
consideration by a court. The person also may direct, in a writing of
that nature, that bond be waived for a person nominated as guardian
in it or nominated as a successor guardian in accordance with an
authorization in it.
To
be effective as a nomination, the writing shall be signed by the
person making the nomination in the presence of two witnesses; signed
by the witnesses; and contain, immediately prior to their signatures,
an attestation of the witnesses that the person making the nomination
signed the writing in their presence; or be acknowledged by the
person making the nomination before a notary public.
(B)
A person's nomination, in a writing as described in division (A) of
this section, of a guardian of the nominator's person, estate, or
both or of a guardian of the person, the estate, or both of one or
more of the nominator's minor children or incompetent adult children
is revoked by the person's subsequent nomination, in a writing as
described in division (A) of this section, of a guardian of the
nominator's person, estate, or both or of a guardian of the person,
the estate, or both of one or more of the nominator's minor children
or incompetent adult children, and, except for good cause shown or
disqualification, the court shall make its appointment in accordance
with the person's most recent nomination. If the writing contains a
waiver of bond, the court shall waive bond of the person nominated as
guardian unless it is of the opinion that the interest of the trust
demands it.
(C)
Nomination of a person as a guardian or successor guardian of the
person, the estate, or both of one or more of the nominator's minor
or incompetent adult children under division (A) of this section, and
any subsequent appointment of the guardian or successor guardian as
guardian under section 2111.02 of the Revised Code, does not vacate
the jurisdiction of any other court that previously may have
exercised jurisdiction over the person of the minor or incompetent
adult child.
(D)
The writing containing the nomination of a person to be the guardian
of the person, the estate, or both of one or more of the nominator's
minor or incompetent adult children under division (A) of this
section may be filed with the probate court for safekeeping, and the
probate court shall designate the nomination as the nomination of a
standby guardian.
(E)
The nomination of a person to be the guardian of the nominator's
incompetent adult child under division (A) of this section may be
filed at any time after the child reaches seventeen years and six
months of age.
(F)
A nominator of a person to be the guardian of the nominator's minor
or incompetent adult children may file a guardianship nomination at
the probate court of the county where the minor or incompetent adult
children reside.
Sec.
2111.51.
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)
(A)(35)
of section 2101.16 of the Revised Code, and twenty dollars of the
sixty-dollar fee collected pursuant to division
(A)(59)()
(A)(60)
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.
Sec.
2113.031.
(A)
As used in this section:
(1)
"Financial institution" has the same meaning as in section
5725.01 of the Revised Code. "Financial institution" also
includes a credit union and a fiduciary that is not a trust company
but that does trust business.
(2)
"Funeral and burial expenses" means whichever of the
following applies:
(a)
The funeral and burial expenses of the decedent that are included in
the bill of a funeral director;
(b)
The funeral expenses of the decedent that are not included in the
bill of a funeral director and that have been approved by the probate
court;
(c)
The funeral and burial expenses of the decedent that are described in
divisions (A)(2)(a) and (b) of this section.
(3)
"Surviving spouse" means either of the following:
(a)
The surviving spouse of a decedent who died leaving the surviving
spouse and no minor children;
(b)
The surviving spouse of a decedent who died leaving the surviving
spouse and minor children, all of whom are children of the decedent
and the surviving spouse.
(B)(1)
If the value of the assets of the decedent's estate does not exceed
the lesser of five thousand dollars or the amount of the decedent's
funeral and burial expenses, any person who is not a surviving spouse
and who has paid or is obligated in writing to pay the decedent's
funeral and burial expenses, including a person described in section
2108.89 of the Revised Code, may apply to the probate court for an
order granting a summary release from administration in accordance
with this section.
(2)
If either of the following applies, the decedent's surviving spouse
may apply to the probate court for an order granting a summary
release from administration in accordance with this section:
(a)
The decedent's funeral and burial expenses have been prepaid, and the
value of the assets of the decedent's estate does not exceed the
total of the following items:
(i)
The allowance for support that is made under division (A) of section
2106.13 of the Revised Code to the surviving spouse and, if
applicable, to the decedent's minor children and that is
distributable in accordance with division (B)(1) or (2) of that
section;
(ii)
An amount, not exceeding five thousand dollars, for the decedent's
funeral and burial expenses referred to in division (A)(2)(c) of this
section.
(b)
The decedent's funeral and burial expenses have not been prepaid, the
decedent's surviving spouse has paid or is obligated in writing to
pay the decedent's funeral and burial expenses, and the value of the
assets of the decedent's estate does not exceed the total of the
items referred to in divisions (B)(2)(a)(i) and (ii) of this section.
(C)
A probate court shall order a summary release from administration in
connection with a decedent's estate only if the court finds that all
of the following are satisfied:
(1)
A person described in division (B)(1) of this section is the
applicant for a summary release from administration, and the value of
the assets of the decedent's estate does not exceed the lesser of
five thousand dollars or the amount of the decedent's funeral and
burial expenses, or the applicant for a summary release from
administration is the decedent's surviving spouse, and the
circumstances described in division (B)(2)(a) or (b) of this section
apply.
(2)
The application for a summary release from administration does all of
the following:
(a)
Describes all assets of the decedent's estate that are known to the
applicant;
(b)
Is in the form that the supreme court prescribes pursuant to its
powers of superintendence under Section 5 of Article IV, Ohio
Constitution, and is consistent with the requirements of this
division;
(c)
Has been signed and acknowledged by the applicant in the presence of
a notary public or a deputy clerk of the probate court;
(d)
Sets forth the following information if the decedent's estate
includes a described type of asset:
(i)
If the decedent's estate includes a motor vehicle, the motor
vehicle's year, make, model, body type, manufacturer's vehicle
identification number, certificate of title number, and date of death
value;
(ii)
If the decedent's estate includes an account maintained by a
financial institution, that institution's name and the account's
complete identifying number and date of death balance;
(iii)
If the decedent's estate includes one or more shares of stock or
bonds, the total number of the shares and bonds and their total date
of death value and, for each share or bond, its serial number, the
name of its issuer, its date of death value, and, if any, the name
and address of its transfer agent.
(3)
The application for a summary release from administration is
accompanied by all of the following that apply:
(a)
A receipt, contract, written declaration as defined in section
2108.70 of the Revised Code, or other document that confirms the
applicant's payment or obligation to pay the decedent's funeral and
burial expenses or, if applicable in the case of the decedent's
surviving spouse, the prepayment of the decedent's funeral and burial
expenses;
(b)
An application for a certificate of transfer as described in section
2113.61 of the Revised Code, if an interest in real property is
included in the assets of the decedent's estate;
(c)
The fee required by division
(A)(59)
(A)(60)
of section 2101.16 of the Revised Code.
(4)
At the time of its determination on the application, there are no
pending proceedings for the administration of the decedent's estate
and no pending proceedings for relief of the decedent's estate from
administration under section 2113.03 of the Revised Code.
(5)
At the time of its determination on the application, there are no
known assets of the decedent's estate other than the assets described
in the application.
(D)
If the probate court determines that the requirements of division (C)
of this section are satisfied, the probate court shall issue an order
that grants a summary release from administration in connection with
the decedent's estate. The order has, and shall specify that it has,
all of the following effects:
(1)
It relieves the decedent's estate from administration.
(2)
It directs the delivery to the applicant of the decedent's personal
property together with the title to that property.
(3)
It directs the transfer to the applicant of the title to any
interests in real property included in the decedent's estate.
(4)
It eliminates the need for a financial institution, corporation, or
other entity or person referred to in any provision of divisions (A)
to (F) of section 5731.39 of the Revised Code to obtain, as otherwise
would be required by any of those divisions, the written consent of
the tax commissioner prior to the delivery, transfer, or payment to
the applicant of an asset of the decedent's estate.
(E)
A certified copy of an order that grants a summary release from
administration together with a certified copy of the application for
that order constitutes sufficient authority for a financial
institution, corporation, or other entity or person referred to in
divisions (A) to (F) of section 5731.39 of the Revised Code or for a
clerk of a court of common pleas to transfer title to an asset of the
decedent's estate to the applicant for the summary release from
administration.
(F)
This section does not affect the ability of qualified persons to file
an application to relieve an estate from administration under section
2113.03 of the Revised Code or to file an application for the grant
of letters testamentary or letters of administration in connection
with the decedent's estate.
Sec.
3109.044.
(A)
As used in this section, "person with a disability" has the
same meaning as in section 3119.10 of the Revised Code.
(B)
When a person with a disability is the subject of a pending
proceeding or a court order to allocate parental rights and
responsibilities and has reached the age of majority, the court shall
retain jurisdiction of the allocation or parental rights and
responsibilities for the care of the person with a disability until a
probate court has issued a final order appointing a guardian for the
person with a disability pursuant to Chapter 2111. of the Revised
Code. The court having jurisdiction shall address and issue any
necessary final appealable orders prior to transferring or
terminating jurisdiction of the parental rights and responsibilities
for care of the person with a disability.
(C)
Except as provided under division (I) of section 3109.04 of the
Revised Code, any existing order allocating parental rights and
responsibilities for the care of, or parenting time rights or
visitation and companionship rights with, the person with a
disability shall remain in effect until the probate court has issued
a final order appointing the guardian for the person with a
disability under Chapter 2111. of the Revised Code.
(D)
The court having jurisdiction shall prohibit either parent from
canceling or making changes to any existing health care coverage or
public assistance benefits for the person with a disability while the
proceeding to appoint a guardian for the person with a disability is
pending.
(E)
The court having jurisdiction may appoint a guardian ad litem for the
person with a disability who is the subject of a proceeding or order
for the allocation of parental rights and responsibilities for or
parenting time rights or visitation and companionship rights until
the probate court issues a final order appointing a guardian for the
person with a disability. If the court having jurisdiction has
appointed a guardian ad litem for the person with a disability, the
guardian ad litem shall conduct an investigation without bias against
the gender of the parent or the person with a disability. The
guardian ad litem shall thoroughly review all case filings, including
any previous reports by a guardian ad litem.
A
guardian ad litem appointed under this division shall bill for costs
based on the time the guardian ad litem spends reviewing or
discussing information relevant to the case. If the court requires a
deposit for the guardian ad litem, the costs shall be capped at the
amount the court assigns for the deposit, unless a party requests and
accepts responsibility of payment for additional time with the
guardian ad litem. The court having jurisdiction shall allocate
payment by each party for the guardian ad litem in proportion to the
time spent with each parent. Upon approving the final order for
payment, the court shall order the entity holding the deposit to
issue a refund of any remaining deposit funds.
Section
2.
That
existing
sections
2101.16, 2101.162, 2111.03,
2111.121
,
2111.51, and 2113.031
of the Revised Code
are
hereby
repealed.
Section
3.
This
act shall be known as the Parker Kahle Act.