Important Notice Pertaining to House Bill 51

When H.B. 51 was introduced in the legislature it had effective date language which applied to estates that are in existence or initiated after the effective date of the Act. Subsequent to its introduction, H.B. 51 was amended to include language which reduces creditors time to file claims against an estate to six months from date of death. The Bill passed without changing the effective date language and becomes effective April 8, 2004.

Recognizing a problem with the effective date applying to estates that are in existence (6 month creditor claim applying to existing estates) an emergency clause was put in H.B. 161 to correct the effective date language of H.B.51. The corrections are as follows:

Sections 2106.01, 2106.02, and 2109.32 apply to estates that are in existence or initiated on or after April 8, 2004.

Section 2101.163 applies to civil actions and proceedings that are pending or brought on or after April 8, 2004.

Sections 2107.19, 2109.301, 2113.53. 2117.06. 2117.07, 2117.11, and 2117.12 apply to estates of decedents who die on or after April 8, 2004.

As a result of the corrections in H.B. 161, the six-month limit for creditors to file claims against an estate applies to estates of decedents who die on or after April 8, 2004.

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