HB 686

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,  1
  2111.121, 2111.51, and 2113.031 and to enact  2
  section 3109.044 of the Revised Code to enact  3
  the Parker Kahle Act regarding guardianship of  4
  an adult child with a disability and the  5
  allocation of parental rights and  6
  responsibilities.  7
    BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
        Section 1. That sections 2101.16, 2101.162, 2111.03,  8
2111.121, 2111.51, and 2113.031 be amended and section 3109.044  9
of the Revised Code be enacted to read as follows:  10
        Sec. 2101.16. (A) Except as provided in section 2101.164  11
of the Revised Code, the fees enumerated in this division shall  12
be charged and collected, if possible, by the probate judge and  13
shall be in full for all services rendered in the respective  14
proceedings:  15
  16
        1  2  3
A     (1)    Account, in addition to advertising charges
H. B. No. 686  Page 2
As Introduced
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
H. B. No. 686  Page 3
As Introduced
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
H. B. No. 686  Page 4
As Introduced
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
H. B. No. 686  Page 5
As Introduced
AZ  ___________________________________________________     $5.00
BA   (25) Declaratory judgment, complaint for
BB  ___________________________________________________     $20.00
BC   (26) Deposit of guardianship nomination
BD  ___________________________________________________     $10.00
BE   (26) Deposit of will
     (27)
BF  ___________________________________________________     $5.00
BG   (27) Designation of heir
     (28)
BH  ___________________________________________________     $20.00
BI   (28) Distribution in kind, application, assent, and order
     (29) for
BJ  ___________________________________________________     $5.00
BK   (29) Distribution under section 2109.36 of the Revised Code,
     (30) application for an order of
BL  ___________________________________________________     $7.00
BM   (30) Docketing and indexing proceedings, including the
     (31) filing and noting of all necessary documents, maximum
  fee, fifteen dollars
BN  ___________________________________________________     $15.00
H. B. No. 686  Page 6
As Introduced
BO   (31) Exceptions to any proceeding named in this section,
     (32) contest of appointment or
BP  ___________________________________________________     $10.00
BQ   (32) Election of surviving partner to purchase assets of
     (33) partnership, proceedings relating to
BR  ___________________________________________________     $10.00
BS   (33) Election of surviving spouse under will
     (34)
BT  ___________________________________________________     $5.00
BU   (34) Fiduciary, including an assignee or trustee of an
     (35) insolvent debtor or any guardian or conservator
  accountable to the probate court, appointment of
BV  ___________________________________________________     $35.00
BW   (35) Foreign will, application to record
     (36)
BX  ___________________________________________________     $10.00
BY  Record of foreign will, additional, per page
BZ  ___________________________________________________     $1.00
CA   (36) Forms when supplied by the probate court, not to exceed
     (37)
CB  ___________________________________________________     $10.00
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As Introduced
CC   (37) Heirship, complaint to determine
     (38)
CD  ___________________________________________________   $20.00
CE   (38) Injunction proceedings
     (39)
CF  ___________________________________________________   $20.00
CG   (39) Improve real property, petition to
     (40)
CH  ___________________________________________________   $20.00
CI   (40) Inventory with appraisement
     (41)
CJ  ___________________________________________________   $10.00
CK   (41) Inventory without appraisement
     (42)
CL  ___________________________________________________   $7.00
CM   (42) Investment or expenditure of funds, application for
     (43)
CN  ___________________________________________________   $10.00
CO   (43) Invest in real property, application to
     (44)
CP  ___________________________________________________   $10.00
H. B. No. 686  Page 8
As Introduced
CQ   (44) Lease for oil, gas, coal, or other mineral, petition to
     (45)
CR  ___________________________________________________     $20.00
CS   (45) Lease or lease and improve real property, petition to
     (46)
CT  ___________________________________________________     $20.00
CU   (46) Marriage license
     (47)
CV  ___________________________________________________     $10.00
CW  Certified abstract of each marriage
CX  ___________________________________________________     $2.00
CY   (47) Minor or incompetent person, etc., disposal of estate
     (48) under twenty-five thousand dollars of
CZ  ___________________________________________________     $10.00
DA   (48) Mortgage or mortgage and repair or improve real
     (49) property, complaint to
DB  ___________________________________________________     $20.00
DC   (49) Newly discovered assets, report of
     (50)
DD  ___________________________________________________     $7.00
DE   (50) Nonresident executor or administrator to bar creditors'
H. B. No. 686  Page 9
As Introduced
     (51) claims, proceedings by
DF  ___________________________________________________    $20.00
DG   (51) Power of attorney or revocation of power, bonding
     (52) company
DH  ___________________________________________________    $10.00
DI   (52) Presumption of death, petition to establish
     (53)
DJ  ___________________________________________________    $20.00
DK   (53) Probating will
     (54)
DL  ___________________________________________________    $15.00
DM  Proof of notice to beneficiaries
DN  ___________________________________________________    $5.00
DO   (54) Purchase personal property, application of surviving
     (55) spouse to
DP  ___________________________________________________    $10.00
DQ   (55) Purchase real property at appraised value, petition of
     (56) surviving spouse to
DR  ___________________________________________________    $20.00
DS   (56) Receipts in addition to advertising charges,
     (57) application and order to record
H. B. No. 686  Page 10
As Introduced
DT  ___________________________________________________    $5.00
DU  Record of those receipts, additional, per page
DV  ___________________________________________________    $1.00
DW   (57) Record in excess of fifteen hundred words in any
     (58) proceeding in the probate court, per page
DX  ___________________________________________________    $1.00
DY   (58) Release of estate by mortgagee or other lienholder
     (59)
DZ  ___________________________________________________    $5.00
EA   (59) Relieving an estate from administration under section
     (60) 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) Removal of fiduciary, application for
     (61)
ED  ___________________________________________________    $10.00
EE   (61) Requalification of executor or administrator
     (62)
EF  ___________________________________________________    $10.00
EG   (62) Resignation of fiduciary
     (63)
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As Introduced
EH  ___________________________________________________   $5.00
EI   (63) Sale bill, public sale of personal property
     (64)
EJ  ___________________________________________________   $10.00
EK   (64) Sale of personal property and report, application for
     (65)
EL  ___________________________________________________   $10.00
EM   (65) Sale of real property, petition for
     (66)
EN  ___________________________________________________   $25.00
EO   (66) Terminate guardianship, petition to
     (67)
EP  ___________________________________________________   $10.00
EQ   (67) Transfer of real property, application, entry, and
     (68) certificate for
ER  ___________________________________________________   $7.00
ES   (68) Unclaimed money, application to invest
     (69)
ET  ___________________________________________________   $7.00
EU   (69) Vacate approval of account or order of distribution,
     (70) motion to
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As Introduced
EV  ___________________________________________________     $10.00
EW   (70) Writ of execution
     (71)
EX  ___________________________________________________     $5.00
EY   (71) Writ of possession
     (72)
EZ  ___________________________________________________     $5.00
FA   (72) Wrongful death, application and settlement of claim for
     (73)
FB  ___________________________________________________     $20.00
FC   (73) Year's allowance, petition to review
     (74)
FD  ___________________________________________________     $7.00
FE   (74) Guardian's report, filing and review of
     (75)
FF  ___________________________________________________     $5.00
FG   (75) Person with a mental illness subject to court order,
     (76) filing of affidavit and proceedings for
FH  ___________________________________________________     $25.00
       (B)(1) In relation to an application for the appointment  17
of a guardian or the review of a report of a guardian under  18
section 2111.49 of the Revised Code, the probate court, pursuant  19
H. B. No. 686  Page 13
As Introduced
to court order or in accordance with a court rule, may direct  20
that the applicant or the estate pay any or all of the expenses  21
of an investigation conducted pursuant to section 2111.041 or  22
division (A)(2) of section 2111.49 of the Revised Code. If the  23
investigation is conducted by a public employee or investigator  24
who is paid by the county, the fees for the investigation shall  25
be paid into the county treasury. If the court finds that an  26
alleged incompetent or a ward is indigent, the court may waive  27
the costs, fees, and expenses of an investigation.  28
       (2) In relation to the appointment or functioning of a  29
guardian for a minor or the guardianship of a minor, the probate  30
court may direct that the applicant or the estate pay any or all  31
of the expenses of an investigation conducted pursuant to  32
section 2111.042 of the Revised Code. If the investigation is  33
conducted by a public employee or investigator who is paid by  34
the county, the fees for the investigation shall be paid into  35
the county treasury. If the court finds that the guardian or  36
applicant is indigent, the court may waive the costs, fees, and  37
expenses of an investigation.  38
       (3) In relation to the filing of an affidavit of mental  39
illness for a person with a mental illness subject to court  40
order, the court may waive the fee under division (A)(75)(A)(76)  41
of this section if the court finds that the affiant is indigent  42
or for good cause shown.  43
       (C) Thirty dollars of the thirty-five-dollar fee collected  44
pursuant to division (A)(34)(A)(35) of this section and twenty  45
dollars of the sixty-dollar fee collected pursuant to division  46
(A)(59)(A)(60) of this section shall be deposited by the county  47
treasurer in the indigent guardianship fund created pursuant to  48
section 2111.51 of the Revised Code.  49
H. B. No. 686  Page 14
As Introduced
        (D) The fees of witnesses, jurors, sheriffs, coroners, and  50
constables for services rendered in the probate court or by  51
order of the probate judge shall be the same as provided for  52
similar services in the court of common pleas.  53
        (E) The probate court, by rule, may require an advance  54
deposit for costs, not to exceed one hundred twenty-five  55
dollars, at the time application is made for an appointment as  56
executor or administrator or at the time a will is presented for  57
probate.  58
        (F)(1) The "putative father registry fund" is hereby  59
created in the state treasury. The department of children and  60
youth shall use the money in the fund to fund the department's  61
costs of performing its duties related to the putative father  62
registry established under section 3107.062 of the Revised Code.  63
        (2) If the department determines that money in the  64
putative father registry fund is more than is needed for its  65
duties related to the putative father registry, the department  66
may use the surplus moneys in the fund as permitted in division  67
(D) of section 2151.3527 or section 5103.155 of the Revised  68
Code.  69
        Sec. 2101.162. (A)(1) The probate judge may determine  70
that, for the efficient operation of the probate court,  71
additional funds are required to computerize the court, make  72
available computerized legal research services, or to do both.  73
Upon making a determination that additional funds are required  74
for either or both of those purposes, the probate judge shall  75
charge a fee not to exceed three dollars or authorize and direct  76
a deputy clerk of the probate court to charge a fee not to  77
exceed three dollars, in addition to the fees specified in  78
divisions (A)(1), (3), (4), (6), (14) to (17), (20) to (25),  79
H. B. No. 686  Page 15
As Introduced
(27)(28), (30)(31) to (32)(33), (34), (35), (36), (37)(38) to  80
(48)(49), (50)(51) to (55)(56), (59)(60) to (61)(62), (63)(64)  81
to (66)(67), (69)(70), and (72)(73) of section 2101.16 of the  82
Revised Code and the fee charged in connection with the  83
docketing and indexing of an appeal.  84
       (2) All moneys collected under division (A)(1) of this  85
section shall be paid to the county treasurer. The treasurer  86
shall place the moneys from the fees in a separate fund to be  87
disbursed, upon an order of the probate judge, in an amount no  88
greater than the actual cost to the court of procuring and  89
maintaining computerization of the court, computerized legal  90
research services, or both.  91
       (3) If the court determines that the funds in the fund  92
described in division (A)(2) of this section are more than  93
sufficient to satisfy the purpose for which the additional fee  94
described in division (A)(1) of this section was imposed, the  95
court may declare a surplus in the fund and expend those surplus  96
funds for other appropriate technological expenses of the court.  97
       (B)(1) The probate judge may determine that, for the  98
efficient operation of the probate court, additional funds are  99
required to computerize the office of the clerk of the court  100
and, upon that determination, may charge a fee, not to exceed  101
ten dollars, or authorize and direct a deputy clerk of the  102
probate court to charge a fee, not to exceed ten dollars, in  103
addition to the fees specified in divisions (A)(1), (3), (4),  104
(6), (14) to (17), (20) to (25), (27)(28), (30)(31) to (32)(33),  105
(34)(35), (35)(36), (37)(38) to (48)(49), (50)(51) to (55)(56),  106
(59)(60) to (61)(62), (63)(64) to (66)(67), (69)(70), and (72)  107
(73) of section 2101.16 of the Revised Code and the fee charged  108
in connection with the docketing and indexing of an appeal.  109
H. B. No. 686  Page 16
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Subject to division (B)(2) of this section, all moneys collected  110
under this division shall be paid to the county treasurer to be  111
disbursed, upon an order of the probate judge and subject to  112
appropriation by the board of county commissioners, in an amount  113
no greater than the actual cost to the probate court of  114
procuring and maintaining computer systems for the office of the  115
clerk of the court.  116
       (2) If the probate judge makes the determination described  117
in division (B)(1) of this section, the board of county  118
commissioners may issue one or more general obligation bonds for  119
the purpose of procuring and maintaining the computer systems  120
for the office of the clerk of the probate court. In addition to  121
the purposes stated in division (B)(1) of this section for which  122
the moneys collected under that division may be expended, the  123
moneys additionally may be expended to pay debt charges on and  124
financing costs related to any general obligation bonds issued  125
pursuant to this division as they become due. General obligation  126
bonds issued pursuant to this division are Chapter 133.  127
securities.  128
       Sec. 2111.03. (A) A person applying for appointment as a  129
guardian, including, but not limited to, as a limited guardian,  130
pursuant to section 2111.02 of the Revised Code, shall file with  131
the probate court an application that contains a statement of  132
the whole estate of the ward, its probable value, and the  133
probable annual rents of the ward's real property, and that also  134
contains the following:  135
       (A)(1) A statement whether the applicant ever has been  136
charged with or convicted of any crime involving theft, physical  137
violence, or sexual, alcohol, or substance abuse, and, if the  138
applicant has been so charged or convicted, the date and place  139
H. B. No. 686  Page 17
As Introduced
of each charge and each conviction;  140
       (B)(2) A statement whether a limited guardianship is  141
sought and, if sought, a specification of the limited powers  142
that are requested and a statement whether the limited  143
guardianship is to be for a definite or indefinite period;  144
       (C)(3) In the case of an application for the appointment  145
of a guardian of a minor, all of the following:  146
       (1)(a) Name, age, and residence of the minor;  147
       (2)(b) Name and residence of each parent of the minor;  148
       (3)(c) Name, degree of kinship, age, and address of next  149
of kin of the minor, if no parent is living or if a parent of  150
the minor is absent, under disability, or for other reason  151
cannot be notified;  152
       (4)(d) Name and residence address of the person having  153
custody of the minor.  154
       (D)(4) In the case of an application for the appointment  155
of a guardian of an alleged incompetent, all of the following:  156
       (1)(a) Name, age, and residence of the person for whom  157
such appointment is sought;  158
       (2)(b) Facts upon which the application is based;  159
       (3)(c) Name, degree of kinship, age, and address of the  160
next of kin of the alleged incompetent.  161
       (B) The court, on its own motion, shall proceed as  162
provided in this chapter, upon suggestion by the bureau of  163
workers' compensation that any person who has made application  164
for or been awarded compensation or death benefits as an  165
employee or the dependent of a killed employee is a minor or  166
H. B. No. 686  Page 18
As Introduced
incompetent. In that case, no application need be filed and the  167
bureau shall furnish the court with the name and residence of  168
such person and the name, degree of kinship, age, and address of  169
the father, mother, or next of kin of such person insofar as  170
known by the bureau.  171
       (C) A parent or legal custodian may apply for guardianship  172
of the applicant's incompetent adult child at any time after the  173
child reaches seventeen years and six months of age.  174
       The applicant shall notify the probate court if the child  175
is the subject of a pending proceeding or a court order to  176
allocate parental rights and responsibilities. If the child is  177
the subject of such a pending proceeding or court order at the  178
time of the filing of the application, the applicant shall serve  179
a copy of the guardianship hearing notice upon the court with  180
jurisdiction over the proceeding or court order.  181
       Sec. 2111.121. (A) A person may nominate in a writing, as  182
described in this division, another person to be the guardian of  183
the nominator's person, estate, or both or the guardian of the  184
person, the estate, or both, of one or more of the nominator's  185
minor or incompetent adult children, whether born at the time of  186
the execution of the writing or afterward, subject to notice and  187
a hearing pursuant to section 2111.02 of the Revised Code. The  188
nomination is for consideration by a court if proceedings for  189
the appointment of a guardian of the person, the estate, or  190
both, for the person making the nomination or if proceedings for  191
the appointment of a guardian as the guardian of the person, the  192
estate, or both of one or more of the nominator's minor or  193
incompetent adult children are commenced at a later time. The  194
person may authorize, in a writing of that nature, the person  195
nominated as guardian to nominate a successor guardian for  196
H. B. No. 686  Page 19
As Introduced
consideration by a court. The person also may direct, in a  197
writing of that nature, that bond be waived for a person  198
nominated as guardian in it or nominated as a successor guardian  199
in accordance with an authorization in it.  200
       To be effective as a nomination, the writing shall be  201
signed by the person making the nomination in the presence of  202
two witnesses; signed by the witnesses; and contain, immediately  203
prior to their signatures, an attestation of the witnesses that  204
the person making the nomination signed the writing in their  205
presence; or be acknowledged by the person making the nomination  206
before a notary public.  207
       (B) A person's nomination, in a writing as described in  208
division (A) of this section, of a guardian of the nominator's  209
person, estate, or both or of a guardian of the person, the  210
estate, or both of one or more of the nominator's minor children  211
or incompetent adult children is revoked by the person's  212
subsequent nomination, in a writing as described in division (A)  213
of this section, of a guardian of the nominator's person,  214
estate, or both or of a guardian of the person, the estate, or  215
both of one or more of the nominator's minor children or  216
incompetent adult children, and, except for good cause shown or  217
disqualification, the court shall make its appointment in  218
accordance with the person's most recent nomination. If the  219
writing contains a waiver of bond, the court shall waive bond of  220
the person nominated as guardian unless it is of the opinion  221
that the interest of the trust demands it.  222
       (C) Nomination of a person as a guardian or successor  223
guardian of the person, the estate, or both of one or more of  224
the nominator's minor or incompetent adult children under  225
division (A) of this section, and any subsequent appointment of  226
H. B. No. 686  Page 20
As Introduced
the guardian or successor guardian as guardian under section  227
2111.02 of the Revised Code, does not vacate the jurisdiction of  228
any other court that previously may have exercised jurisdiction  229
over the person of the minor or incompetent adult child.  230
       (D) The writing containing the nomination of a person to  231
be the guardian of the person, the estate, or both of one or  232
more of the nominator's minor or incompetent adult children  233
under division (A) of this section may be filed with the probate  234
court for safekeeping, and the probate court shall designate the  235
nomination as the nomination of a standby guardian.  236
       (E) The nomination of a person to be the guardian of the  237
nominator's incompetent adult child under division (A) of this  238
section may be filed at any time after the child reaches  239
seventeen years and six months of age.  240
       (F) A nominator of a person to be the guardian of the  241
nominator's minor or incompetent adult children may file a  242
guardianship nomination at the probate court of the county where  243
the minor or incompetent adult children reside.  244
       Sec. 2111.51. Each county shall establish in the county  245
treasury an indigent guardianship fund. All revenue that the  246
general assembly appropriates to the indigent guardianship fund  247
for a county, thirty dollars of the thirty-five-dollar fee  248
collected pursuant to division (A)(34)(A)(35) of section 2101.16  249
of the Revised Code, and twenty dollars of the sixty-dollar fee  250
collected pursuant to division (A)(59)()(A)(60) of that section  251
shall be deposited into the fund that is established in that  252
county. Expenditures from the fund shall be made only upon order  253
of the probate judge and only for payment of any cost, fee,  254
charge, or expense associated with the establishment, opening,  255
maintenance, or termination of a guardianship for an indigent  256
H. B. No. 686  Page 21
As Introduced
ward.  257
        If a probate court determines that there are reasonably  258
sufficient funds in the indigent guardianship fund of the county  259
in which the court is located to meet the needs of indigent  260
guardianships in that county, the court, by order, may declare a  261
surplus in the indigent guardianship fund and expend the surplus  262
funds for other guardianship expenses or for other court  263
purposes.  264
        Sec. 2113.031. (A) As used in this section:  265
        (1) "Financial institution" has the same meaning as in  266
section 5725.01 of the Revised Code. "Financial institution"  267
also includes a credit union and a fiduciary that is not a trust  268
company but that does trust business.  269
        (2) "Funeral and burial expenses" means whichever of the  270
following applies:  271
        (a) The funeral and burial expenses of the decedent that  272
are included in the bill of a funeral director;  273
        (b) The funeral expenses of the decedent that are not  274
included in the bill of a funeral director and that have been  275
approved by the probate court;  276
        (c) The funeral and burial expenses of the decedent that  277
are described in divisions (A)(2)(a) and (b) of this section.  278
        (3) "Surviving spouse" means either of the following:  279
        (a) The surviving spouse of a decedent who died leaving  280
the surviving spouse and no minor children;  281
        (b) The surviving spouse of a decedent who died leaving  282
the surviving spouse and minor children, all of whom are  283
H. B. No. 686  Page 22
As Introduced
children of the decedent and the surviving spouse.  284
       (B)(1) If the value of the assets of the decedent's estate  285
does not exceed the lesser of five thousand dollars or the  286
amount of the decedent's funeral and burial expenses, any person  287
who is not a surviving spouse and who has paid or is obligated  288
in writing to pay the decedent's funeral and burial expenses,  289
including a person described in section 2108.89 of the Revised  290
Code, may apply to the probate court for an order granting a  291
summary release from administration in accordance with this  292
section.  293
       (2) If either of the following applies, the decedent's  294
surviving spouse may apply to the probate court for an order  295
granting a summary release from administration in accordance  296
with this section:  297
       (a) The decedent's funeral and burial expenses have been  298
prepaid, and the value of the assets of the decedent's estate  299
does not exceed the total of the following items:  300
       (i) The allowance for support that is made under division  301
(A) of section 2106.13 of the Revised Code to the surviving  302
spouse and, if applicable, to the decedent's minor children and  303
that is distributable in accordance with division (B)(1) or (2)  304
of that section;  305
       (ii) An amount, not exceeding five thousand dollars, for  306
the decedent's funeral and burial expenses referred to in  307
division (A)(2)(c) of this section.  308
       (b) The decedent's funeral and burial expenses have not  309
been prepaid, the decedent's surviving spouse has paid or is  310
obligated in writing to pay the decedent's funeral and burial  311
expenses, and the value of the assets of the decedent's estate  312
H. B. No. 686  Page 23
As Introduced
does not exceed the total of the items referred to in divisions  313
(B)(2)(a)(i) and (ii) of this section.  314
       (C) A probate court shall order a summary release from  315
administration in connection with a decedent's estate only if  316
the court finds that all of the following are satisfied:  317
       (1) A person described in division (B)(1) of this section  318
is the applicant for a summary release from administration, and  319
the value of the assets of the decedent's estate does not exceed  320
the lesser of five thousand dollars or the amount of the  321
decedent's funeral and burial expenses, or the applicant for a  322
summary release from administration is the decedent's surviving  323
spouse, and the circumstances described in division (B)(2)(a) or  324
(b) of this section apply.  325
       (2) The application for a summary release from  326
administration does all of the following:  327
       (a) Describes all assets of the decedent's estate that are  328
known to the applicant;  329
       (b) Is in the form that the supreme court prescribes  330
pursuant to its powers of superintendence under Section 5 of  331
Article IV, Ohio Constitution, and is consistent with the  332
requirements of this division;  333
       (c) Has been signed and acknowledged by the applicant in  334
the presence of a notary public or a deputy clerk of the probate  335
court;  336
       (d) Sets forth the following information if the decedent's  337
estate includes a described type of asset:  338
       (i) If the decedent's estate includes a motor vehicle, the  339
motor vehicle's year, make, model, body type, manufacturer's  340
H. B. No. 686  Page 24
As Introduced
vehicle identification number, certificate of title number, and  341
date of death value;  342
       (ii) If the decedent's estate includes an account  343
maintained by a financial institution, that institution's name  344
and the account's complete identifying number and date of death  345
balance;  346
       (iii) If the decedent's estate includes one or more shares  347
of stock or bonds, the total number of the shares and bonds and  348
their total date of death value and, for each share or bond, its  349
serial number, the name of its issuer, its date of death value,  350
and, if any, the name and address of its transfer agent.  351
       (3) The application for a summary release from  352
administration is accompanied by all of the following that  353
apply:  354
       (a) A receipt, contract, written declaration as defined in  355
section 2108.70 of the Revised Code, or other document that  356
confirms the applicant's payment or obligation to pay the  357
decedent's funeral and burial expenses or, if applicable in the  358
case of the decedent's surviving spouse, the prepayment of the  359
decedent's funeral and burial expenses;  360
       (b) An application for a certificate of transfer as  361
described in section 2113.61 of the Revised Code, if an interest  362
in real property is included in the assets of the decedent's  363
estate;  364
       (c) The fee required by division (A)(59)(A)(60) of section  365
2101.16 of the Revised Code.  366
       (4) At the time of its determination on the application,  367
there are no pending proceedings for the administration of the  368
decedent's estate and no pending proceedings for relief of the  369
H. B. No. 686  Page 25
As Introduced
decedent's estate from administration under section 2113.03 of  370
the Revised Code.  371
       (5) At the time of its determination on the application,  372
there are no known assets of the decedent's estate other than  373
the assets described in the application.  374
       (D) If the probate court determines that the requirements  375
of division (C) of this section are satisfied, the probate court  376
shall issue an order that grants a summary release from  377
administration in connection with the decedent's estate. The  378
order has, and shall specify that it has, all of the following  379
effects:  380
       (1) It relieves the decedent's estate from administration.  381
       (2) It directs the delivery to the applicant of the  382
decedent's personal property together with the title to that  383
property.  384
       (3) It directs the transfer to the applicant of the title  385
to any interests in real property included in the decedent's  386
estate.  387
       (4) It eliminates the need for a financial institution,  388
corporation, or other entity or person referred to in any  389
provision of divisions (A) to (F) of section 5731.39 of the  390
Revised Code to obtain, as otherwise would be required by any of  391
those divisions, the written consent of the tax commissioner  392
prior to the delivery, transfer, or payment to the applicant of  393
an asset of the decedent's estate.  394
       (E) A certified copy of an order that grants a summary  395
release from administration together with a certified copy of  396
the application for that order constitutes sufficient authority  397
for a financial institution, corporation, or other entity or  398
H. B. No. 686  Page 26
As Introduced
person referred to in divisions (A) to (F) of section 5731.39 of  399
the Revised Code or for a clerk of a court of common pleas to  400
transfer title to an asset of the decedent's estate to the  401
applicant for the summary release from administration.  402
       (F) This section does not affect the ability of qualified  403
persons to file an application to relieve an estate from  404
administration under section 2113.03 of the Revised Code or to  405
file an application for the grant of letters testamentary or  406
letters of administration in connection with the decedent's  407
estate.  408
       Sec. 3109.044. (A) As used in this section, "person with a  409
disability" has the same meaning as in section 3119.10 of the  410
Revised Code.  411
       (B) When a person with a disability is the subject of a  412
pending proceeding or a court order to allocate parental rights  413
and responsibilities and has reached the age of majority, the  414
court shall retain jurisdiction of the allocation or parental  415
rights and responsibilities for the care of the person with a  416
disability until a probate court has issued a final order  417
appointing a guardian for the person with a disability pursuant  418
to Chapter 2111. of the Revised Code. The court having  419
jurisdiction shall address and issue any necessary final  420
appealable orders prior to transferring or terminating  421
jurisdiction of the parental rights and responsibilities for  422
care of the person with a disability.  423
       (C) Except as provided under division (I) of section  424
3109.04 of the Revised Code, any existing order allocating  425
parental rights and responsibilities for the care of, or  426
parenting time rights or visitation and companionship rights  427
with, the person with a disability shall remain in effect until  428
H. B. No. 686  Page 27
As Introduced
the probate court has issued a final order appointing the  429
guardian for the person with a disability under Chapter 2111. of  430
the Revised Code.  431
       (D) The court having jurisdiction shall prohibit either  432
parent from canceling or making changes to any existing health  433
care coverage or public assistance benefits for the person with  434
a disability while the proceeding to appoint a guardian for the  435
person with a disability is pending.  436
       (E) The court having jurisdiction may appoint a guardian  437
ad litem for the person with a disability who is the subject of  438
a proceeding or order for the allocation of parental rights and  439
responsibilities for or parenting time rights or visitation and  440
companionship rights until the probate court issues a final  441
order appointing a guardian for the person with a disability. If  442
the court having jurisdiction has appointed a guardian ad litem  443
for the person with a disability, the guardian ad litem shall  444
conduct an investigation without bias against the gender of the  445
parent or the person with a disability. The guardian ad litem  446
shall thoroughly review all case filings, including any previous  447
reports by a guardian ad litem.  448
       A guardian ad litem appointed under this division shall  449
bill for costs based on the time the guardian ad litem spends  450
reviewing or discussing information relevant to the case. If the  451
court requires a deposit for the guardian ad litem, the costs  452
shall be capped at the amount the court assigns for the deposit,  453
unless a party requests and accepts responsibility of payment  454
for additional time with the guardian ad litem. The court having  455
jurisdiction shall allocate payment by each party for the  456
guardian ad litem in proportion to the time spent with each  457
parent. Upon approving the final order for payment, the court  458
H. B. No. 686  Page 28
As Introduced
shall order the entity holding the deposit to issue a refund of  459
any remaining deposit funds.  460
       Section 2. That existing sections 2101.16, 2101.162,  461
2111.03, 2111.121, 2111.51, and 2113.031 of the Revised Code are  462
hereby repealed.  463
       Section 3. This act shall be known as the Parker Kahle  464
Act.  465