(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)
Account, in addition to advertising charges
$
12.00
Waivers and proof of notice of hearing on account, per page, minimum one dollar
$
1.00
(2)
Account of distribution, in addition to advertising charges
$
7.00
(3)
Adoption of child, petition for
$
50.00
(4)
Alter or cancel contract for sale or purchase of real property, complaint to
$
20.00
(5)
Application and order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section
$
5.00
(6)
Appropriation suit, per day, hearing in
$
20.00
(7)
Birth, application for registration of
$
7.00
(8)
Birth record, application to correct
$
5.00
(9)
Bond, application for new or additional
$
5.00
(10)
Bond, application for release of surety or reduction of
$
5.00
(11)
Bond, receipt for securities deposited in lieu of
$
5.00
(12)
Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar
$
1.00
(13)
Citation and issuing citation, application for
$
5.00
(14)
Change of name, petition for
$
20.00
(15)
Claim, application of administrator or executor for allowance of administrator's or executor's own
$
10.00
(16)
Claim, application to compromise or settle
$
10.00
(17)
Claim, authority to present
$
10.00
(18)
Commissioner, appointment of
$
5.00
(19)
Compensation for extraordinary services and attorney's fees for fiduciary, application for
$
5.00
(20)
Competency, application to procure adjudication of
$
20.00
(21)
Complete contract, application to
$
10.00
(22)
Concealment of assets, citation for
$
10.00
(23)
Construction of will, complaint for
$
20.00
(24)
Continue decedent's business, application to
$
10.00
Monthly reports of operation
$
5.00
(25)
Declaratory judgment, complaint for
$
20.00
(26)
Deposit of will
$
5.00
(27)
Designation of heir
$
20.00
(28)
Distribution in kind, application, assent, and order for
$
5.00
(29)
Distribution under section 2109.36 of the Revised Code, application for an order of
$
7.00
(30)
Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars
$
15.00
(31)
Exceptions to any proceeding named in this section, contest of appointment or
$
10.00
(32)
Election of surviving partner to purchase assets of partnership, proceedings relating to
$
10.00
(33)
Election of surviving spouse under will
$
5.00
(34)
Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of
$
35.00
(35)
Foreign will, application to record
$
10.00
Record of foreign will, additional, per page
$
1.00
(36)
Forms when supplied by the probate court, not to exceed
$
10.00
(37)
Heirship, complaint to determine
$
20.00
(38)
Injunction proceedings
$
20.00
(39)
Improve real property, petition to
$
20.00
(40)
Inventory with appraisement
$
10.00
(41)
Inventory without appraisement
$
7.00
(42)
Investment or expenditure of funds, application for
$
10.00
(43)
Invest in real property, application to
$
10.00
(44)
Lease for oil, gas, coal, or other mineral, petition to
$
20.00
(45)
Lease or lease and improve real property, petition to
$
20.00
(46)
Marriage license
$
10.00
Certified abstract of each marriage
$
2.00
(47)
Minor or incompetent person, etc., disposal of estate under twenty-five thousand dollars of
$
10.00
(48)
Mortgage or mortgage and repair or improve real property, complaint to
$
20.00
(49)
Newly discovered assets, report of
$
7.00
(50)
Nonresident executor or administrator to bar creditors' claims, proceedings by
$
20.00
(51)
Power of attorney or revocation of power, bonding company
$
10.00
(52)
Presumption of death, petition to establish
$
20.00
(53)
Probating will
$
15.00
Proof of notice to beneficiaries
$
5.00
(54)
Purchase personal property, application of surviving spouse to
$
10.00
(55)
Purchase real property at appraised value, petition of surviving spouse to
$
20.00
(56)
Receipts in addition to advertising charges, application and order to record
$
5.00
Record of those receipts, additional, per page
$
1.00
(57)
Record in excess of fifteen hundred words in any proceeding in the probate court, per page
$
1.00
(58)
Release of estate by mortgagee or other lienholder
$
5.00
(59)
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
$
60.00
(60)
Removal of fiduciary, application for
$
10.00
(61)
Requalification of executor or administrator
$
10.00
(62)
Resignation of fiduciary
$
5.00
(63)
Sale bill, public sale of personal property
$
10.00
(64)
Sale of personal property and report, application for
$
10.00
(65)
Sale of real property, petition for
$
25.00
(66)
Terminate guardianship, petition to
$
10.00
(67)
Transfer of real property, application, entry, and certificate for
$
7.00
(68)
Unclaimed money, application to invest
$
7.00
(69)
Vacate approval of account or order of distribution, motion to
$
10.00
(70)
Writ of execution
$
5.00
(71)
Writ of possession
$
5.00
(72)
Wrongful death, application and settlement of claim for
$
20.00
(73)
Year's allowance, petition to review
$
7.00
(74)
Guardian's report, filing and review of
$
5.00
(75)
Mentally ill person subject to court order, filing of affidavit and proceedings for
$
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 mentally ill person subject to court order, the court may waive the fee under division (A)(75) 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) of this section and twenty dollars of the sixty-dollar fee collected pursuant to division (A)(59) 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) Thirty dollars of the fifty-dollar fee collected pursuant to division (A)(3) of this section shall be deposited into the "putative father registry fund," which is hereby created in the state treasury. The department of job and family services 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 (C) of section 2151.3529, division (B) of section 2151.3530, or section 5103.155 of the Revised Code.
Amended by 130th General Assembly File No. 56, SB 23, §1, eff. 3/20/2015.
Amended by 130th General Assembly File No. TBD, SB 43, §1, eff. 9/17/2014.
Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.
Amended by 128th General AssemblyFile No.13, SB 106, §1, eff. 3/23/2010.
Effective Date: 06-26-2003; 2007 HB372 03-24-2008
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