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Sub. House Bill 479 (Effective 3/27/13) – Jurisdiction of the Probate Court

Expands the Jurisdiction of the Probate Court to include, with respect to a probate estate, guardianship, trust, or post-death dispute:
- A designation or removal of a beneficiary of a life insurance policy, annuity contract, retirement plan, brokerage account, security account, bank account, real property, or tangible personal property
- A designation or removal of a payable-on-death beneficiary or transfer-on-death beneficiary
- A change in the title to any asset involving a joint and survivorship interest
- An alleged gift
- The passing of assets upon the death of an individual otherwise than by will, intestate succession, or trust
Updates Sections 2131.08 and 2131.09 of the Revised Code, regarding the Rule Against Perpetuities, to be in line with Ohio common law.

Amended Sub. Senate Bill 160 (Effective 3/22/13) – Name Changes

Dispenses with the required notice under 2717.01 if such notice would jeopardize the applicant's personal safety upon satisfactory proof.
If notice is dispensed with because such notice would jeopardize the applicant’s personal safety, the court shall order the records of the change of name proceeding to be sealed and to be opened only by order of the court for good cause shown or at the request of the applicant for any reason.

Sub. House Bill 27 (Effective 3/22/13) – Adult Guardianship and Protective Proceedings Jurisdiction Act

Enacts the Adult Guardianship and Protective Proceedings Jurisdiction Act.
Enumerates the persons over whom the Court may exercise jurisdiction in guardianship proceedings.
A probate court may issue an emergency ex parte order freezing the financial assets of an individual whom the court or applicant has reason to believe is missing or has gone or been taken to another state if it is reasonably certain that immediate action is required to prevent significant financial harm to the individual.
Allows for increased communication and cooperation between the probate court and courts of other states in regards to guardianships.
Provides special jurisdiction to the probate court for emergency guardianship proceedings.

Sub. House Bill 247 (Effective 3/22/13) – Collection of Debts; Nomination of Guardian

If at any time the court finds that an amount owing to the court is due and uncollectible, in whole or in part, the court may direct the clerk of the court to cancel all or part of the claim. The clerk shall then effect the cancellation.
Allows a nomination of a guardian under R.C. 2111.121 to be made effective by signing the writing in the presence of two witnesses OR before a notary public.
Removes durable powers of attorney as an instrument in which a nomination may be made for guardianship.

Amended House Bill 212 (Effective 5/22/12) - Adoptions

Removes from the provisions adoption placement requirements of §5731.19 an adoption by a grandparent’s husband or wife and legal custodians, in addition to stepparents, grandparents and guardians.
Defines a “Legal custodian” to be a person who has been granted the legal custody of a child by a court with jurisdiction over the matter.
Further defines “Legal custody” to have the same meaning as used in §2151.011 of the Revised Code or any other substantially equivalent statute.

Senate Bill 117 (Effective 3/22/12) – UPOAA; Drug and Alcohol Abuse Treatment

Adopts the Ohio Uniform Power of Attorney Act (UPOAA); sections 1337.21 to 1337.64 of the Revised Code
Powers of attorney not governed by UPOAA include: 1) a power coupled with an interest, 2) a power to make health-care decisions, 3) a proxy or other delegation to exercise voting rights or management rights with respect to an entity, and 4) a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
A power of attorney created under UPOAA is durable unless it expressly provides otherwise.
A power of attorney is valid if created before the effective date of these changes if it was valid at the time of its execution. An out of state power of attorney is valid if it was executed validly under the laws of the state in which it was created. Powers of attorney created after the effective date of these changes are valid if executed in compliance with ' 1337.25.
A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
States that if there is a conflict between any provision of UPOAA and other Revised Code sections governing financial institutions or other entities, the other provision of Law controls.
Changes the anti-lapse statute for wills to be more consistent with the anti-lapse statute for trusts.
Grants the probate court jurisdiction to hear and determine petitions for alcohol and drug abuse treatment pursuant to ''3793.31-3793.39.
Allows a spouse, relative, or guardian, who is willing to arrange and guarantee payment for alcohol and drug abuse treatment, to petition the probate court to order treatment for a person who requires alcohol and/or drug abuse treatment.
Requires proof that the person ordered to treatment 1) suffers from alcohol and other drug abuse, 2) presents an imminent danger or imminent threat of danger to self, family, or others because of alcohol or drug abuse, or there is a substantial likelihood o such threat in the near future, and 3) the person can reasonably benefit from treatment.
Creates statutory provisions on the titling of trust assets.
Corrects the code to restore the income tax credit for Ohio resident trusts for taxes paid by Ohio trusts to other states on Amodified nonbusiness income.
Provides for the transfer of personal property from a trust to the trustee.

Amended Sub. Senate Bill 124 (effective January 13, 2012) - Wills and Fiduciaries

A will declared valid under 2107.081 may only be modified by a codicil if the codicil is also declared valid under 2107.081.
Reduces to one (1) month, the time requirement for the court to remove and open wills on deposit after notice of a testator's death.
Reduces to one (1) year, the time requirement that terminates a beneficial interest from passing to a named beneficiary who withholds or intentionally conceals a will.
Reduces to three (3) months, the time allowed for admitting an oral will to probate.
The Probate Court may cause a will to be produced by "judicial order" instead of by citation, attachment, or warrant.
Allows a copy of a destroyed recorded will to be recorded if the probate judge certifies the copy appears true. Removes the clerk of common pleas as an entity that may certify the copy.
Broadens residency requirements for a guardian so that the court, unless otherwise specified in a document, may appoint a non-resident of the county. The court may appoint a non-resident of the county or state as guardian of the person.
Allows the fiduciary of an estate to petition the court to purchase assets from the estate.
Every fiduciary must register a permanent address and notify the court of any changes; failure to do so is grounds for removal.
Allows fiduciaries other than guardians to invest in securities of corporations organized and existing under foreign governments and in bonds of foreign governments.
Authorizes a judge to appoint a public agency as guardian of a person or estate. Authorizes a judge to appoint a non-profit corporation as guardian of a person.
Eliminates personal liability for probate judges for default, malfeasance, or nonfeasance of an appointee (incorporating HB 28).
Modifies probate court involvement in Medicaid estate recovery program by eliminating the requirement for it to send form and content of form.

Click this link to view a complete bill summary of the changes

Amended Sub. House Bill 153 (effective June 30, 2011) - Ohio estate tax

Repeals the Ohio estate tax by limiting its application to estates of decedents dying before January 1, 2013. Estates of persons dying on or after January 1, 2013 will not be subject to Ohio estate tax.

Amended Sub. Senate Bill 106 (effective March 24, 2010) - Guardianship Monetary Qualifications - Savings Statute

The Probate Court may terminate or avoid the necessity of a guardianship when the estate is less than Twenty-Five Thousand ($25,000.00) Dollars
The Probate Court may approve the settlement of minor's claims without the appointment of a guardian when the settlement is less than Twenty-Five Thousand ($25,000.00) Dollars
The "Savings Statute" does not apply to: Actions to set aside antenuptial agreements, will contests, orders settling accounts, approval of inventories, actions concerning revocable trusts, and actions against a trustee

Senate Bill 124 (effective December 28, 2009) - Transfer on Death Deeds

A transfer on death designation is created by use of an affidavit instead of a deed
Deeds may no longer be used, and transfers made prior to the effective date are not affected.
The bill had an emergency effective date and took effect immediately upon the governor's signature

House Bill 7 (effective April 7, 2009) - Adoptions

Authorizes a maximum payment of $3,000.00 for a birth mother's living expenses that are incurred no more than sixty (60) days after the child's birth.
Reduces to six (6) months, the time that a child must reside with a foster caregiver before the foster caregiver may petition for adoption.
A birth parent's consent may not be required, if clear and convincing evidence is presented that there was no more than de minimis contact with the child.
An interlocutory order becomes final no more than one year after the adoptee is placed in the home, instead of from the date of the order.

House Bill 499 (effective September 12, 2008) - Ohio Trust Code Modifications

Provides that the administration of a trust is governed by the law designated in the instrument.
Allows for the modification or termination of a non-charitable and irrevocable trust with the consent of the settlor and all of the beneficiaries.
Provides that an alternative charitable purpose that is designated in the instrument, prevails over the Doctrine of Cy Pres.
Modifies the period of limitations of actions for certain actions pertaining to revocable trusts, that become irrevocable due to the death of the settlor.
Permits a trustee to provide a redacted copy of the relevant portions of the instrument to a beneficiary.
Grants to the trustee additional powers.
Removes certain information from a certification of trust.

Senate Bill 302 (effective September 11, 2008) - Method of Making a Will

A Will must be attested and subscribed by witnesses in the conscious presence of the testator.
"Conscious presence' means within the range of any of the testator's senses, excluding the sense of sight or sound that is sensed by telephonic, electronic, or other distant communication"

Substitute Senate Bill 163 (effective August 14, 2008) - Adoption and Disqualifying Offenses

Expands the types of offenses that disqualify an adoption petition from being granted.
Disqualifying offenses have been expanded to also include: cruelty to animals, permitting child abuse, menacing by stalking, menacing, soliciting or supporting terrorism, identity fraud, and ethnic intimidation.
Disqualifying offenses also include: two or more OVI or state OVUAC violations within three (3) years immediately preceding the filing of the Petition for Adoption.

Substitute House Bill 160 (effective June 20, 2008) - Disclaimers to Succession of Property

Allows a guardian of the estate or the personal representative of a decedent's estate to disclaim, with the probate court's consent, any succession to property
Eliminates the statutory reference to the nine (9) month period for a disclaimer
By eliminating the nine month reference, a disclaimer may be valid as to the property disclaimed, but may not be entitled to favorable tax considerations under the Internal Revenue Code

Amended Substitute Senate Bill 157 (effective May 14, 2008) - Nomination of Guardians for an Adult Incompetent Child

Allows a person to nominate in a durable power of attorney, a guardian for his or her adult incompetent child
The nomination has preference provided the person is suitable and qualified, and the adult incompetent child has no spouse or adult child
The removal of a non-resident guardian is discretionary with the probate court, instead of mandatory

Substitute House Bill 372 (effective March 24, 2008) - Estate of Decedents who Died in a Combat Zone

Enacts Section 2101.164 of the Revised Code
Exempts certain probate court costs for decedents who are members of the armed forces, or national guard, and who died from injuries received in a combat zone
Exempts court costs for filing a Will for probate
Exempts court costs for the administration of the decedent's estate
Exempts court costs for a release from administration and a summary release from administration

Senate Bill 134 (effective January 17, 2008) - Memorandum of Trust

Provides that a Memorandum of Trust may now be executed and acknowledged by only the trustee.
Modifies prior law that required the execution and acknowledgment by both the trustee and the settlor.

Substitute House Bill 83 (effective March 23, 2007) - Approval of Third-Party Distributions

Enacts Section 2109.361 of the Revised Code
Defines a third-party distribution as a distribution from an estate or trust to a person other than the beneficiary
Provides a procedure for the Probate Court to review third-party distributions
Does not apply to third-party distributions to an attorney who is representing the beneficiary

Substitute House Bill 416 (effective January 1, 2007) - Ohio Trust Code

Adopts the Ohio Trust Code, and creates a new Title 58
The Ohio Trust Code is a modified version of the Uniform Trust Code
The Ohio Trust Code applies to charitable trusts, non-charitable trusts and intervivos trusts
The Ohio Trust Code applies to testamentary trusts provided there is no conflict with Chapter 2109 of the Revised Code.
The Ohio Trust Code is a default code so that the terms of the trust will prevail over the statute.
The Ohio Trust Code permits interested parties to enter into written settlement agreements as to all matters affecting the trust.

Amended Substitute House Bill 426 (effective October 12, 2006) - Disposition of Remains - Funeral and Burial Expenses

Creates rights of disposition as to the remains of a decedent
Establishes an order of priority in the absence of a declaration
Increases the funeral bill priority pursuant to R.C. 2117.25(A)(2) from Two Thousand to Four Thousand Dollars
Increases the burial expense priority pursuant to R.C. 2117.25(A)(2) from Two Thousand to Three Thousand Dollars
Increases the funeral bill priority pursuant to R.C. 2117.25(A)(6) from One Thousand to Two Thousand Dollars
Increases the Summary Release From Administration from Two Thousand Dollars to Five Thousand Dollars for a non-spouse and from Forty Two Thousand Dollars to Forty Five Thousand Dollars for a spouse

Amended Substitute Senate Bill 238 (effective September 21, 2006) - Adoptions

Allows for a consenting adult who at age eighteen was in the permanent custody of a public or private child placing agency to be adopted
Establishes a uniform statewide automated child welfare information system to track child abuse and neglect cases
Falsification of a homestudy is a first-degree misdemeanor, and the Court has authority to strike the homestudy
Requires a multiple children assessment, as part of the homestudy, where there will be at least five children in the home following an adoption
Requires an assessor to make a home visit within seven days of the placement of a minor for adoption and every thirty days thereafter, until the final order is issued.

Amended House Bill 265 (effective July 20, 2006) - Execution of Wills

Enacts new Section 2107.24. of the Ohio Revised Code.
Creates a procedure that allows the probate court to treat a document as a Will even though the document does not comply with the statutory requirements of Section 2107.03.
A hearing is required and the proponent must prove by clear and convincing evidence that: (1) the decedent prepared the document, or had it prepared, and (2) the decedent executed the document and intended it to be the Will, and (3) two or more witnesses saw the decedent sign the document.

Substitute House Bill 144 (effective June 14, 2006) - Testimonial Privilege

The statute of limitations in a will contest, for all persons, is limited to three (3) months after the filing of the certificate.
Limits attorney-client testimonial privilege where the client is deceased, competency is at issue, and there is an executed document at issue or the client is the victim of fraud, duress or undue influence.
Limits physician-patient and dentist-patient testimonial privilege under similar circumstances as with the attorney-client testimonial privilege.

House Bill 81 (effective April 14, 2006) - Credit Unions

Allows a properly incorporated credit union to serve as a custodial depository of fiduciary funds for deposits in lieu of bond.
Allows fiduciary investments to be made with a credit union that is properly insured.

House Bill 246 (effective March 29, 2006) - Statutory Power of Attorney & Motorcycle

Creates a statutory form power of attorney.
Defines the statutory powers and limitation of an attorney in fact who operates under the statutory form.
Expands Section 2106.18(D) and allows a motorcycle to be taken as an "automobile" outside of probate.

Amended Substitute House Bill 51 (effective 4/08/04) - Misc. Probate Revisions

Permits the surviving spouse to waive the notification of his/her general elective rights.
Where there is no fiduciary appointed, the applicant for the admission of a will to probate must file the certificate of notice within two months of the admission.
No estate tax return is required where all property in the taxable estate qualifies for the marital deduction or the QTIP allowance.
Allows the probate judge to establish alternative dispute resolutions including mediation.

Amended House Bill 72 (effective 10/29/03) - Advance Directive for Mental Health Treatment

Permits a competent adult to execute an advance directive providing for the continuation, the withholding or the withdrawl of mental health treatment.
Permits the declarant to designate the treating physician in the advance directive.

Senate Bill 64 (effective 10/21/03) - Powers of Attorney & Termination of Trusts

Provides that a divorce, annulment, or dissolution of marriage revokes the former spouse's designation as attorney in fact, unless the power of attorney or separation agreement provides otherwise.
Remarriage to the former spouse or termination of the separation agreement does not revive the former spouse's designation under the power of attorney.
Provides for the distribution of the trust, following a premature termination, when the instrument fails to address the manner of distribution.
In the premature termination of a trust, it allows for a minor both living and unborn, an incompetent or person who cannot be identified or located to be bound by another person whose interests are substantially identical, provided there is no conflict of interest.

House Bill 95 (The Biennial Budget Bill) (effective September 26, 2003) - Medicaid Estate Recovery

The fiduciary of an estate is required to notify the Medicaid Estate Recovery Program of decedents who received Medicaid and were over age 55 or older.

Notice of Amendment to Local Rule 55.2 Photocopies: Pursuant to Sup. R. 55(B), the Stark County Probate Court amends Local Rule 55.2 Photocopies and the rule shall state: "Copies of any public record may be obtained during regular court hours at the cost of ten cents ($.10) per page."

Notice of Court Cost Increase: Pursuant to Section 2101.16(A)(34) of the Ohio Revised Code, the Stark County Probate Court is increasing costs for the appointment of fiduciaries by a sum of five ($5.00) dollars. The new total sum for an appointment of a fiduciary, including assignees or trustees of an insolvent debtor or any guardian or conservator accountable to the Court, will be thirty-five ($35.00) dollars. This cost increase will take effect for all appointments on or after January 2, 2012.

Probate Judge Dixie Park has adopted amendments to the Local Rules of the Stark County Probate Court with an effective date of December 31, 2009. A complete and current copy of the Local Rules are available on the webpage at the sidebar; "Local Rules".