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House OKs modest change to probate code to help low‑income estates
Summary
House Bill 55, which allows courts to pay up to $5,000 of probate administration costs from sale proceeds in certain limited circumstances, passed unanimously 92-0. Sponsors said the change will make it more feasible for attorneys to handle low‑asset estates and ensure individuals' final wishes are carried out.
The Ohio House on March 20 unanimously passed House Bill 55 to adjust probate administration rules in limited circumstances so that up to $5,000 of administration costs may be paid from sale proceeds of a decedent's residence when the court finds no other assets are available.
Sponsor Representative Stewart said the change fills a gap that often leaves low‑income estates without legal representation because attorneys have little expectation of payment when sales satisfy liens and mortgages but leave nothing to cover administration work. "Every Ohioan regardless of their income level deserves to have their last wishes respected under the law," Stewart said on the floor.
Under the bill as presented on the floor, when a court finds no other assets are available, it may allow up to $5,000 in administration costs to be paid ahead of mortgages and liens from proceeds of a sale conducted to satisfy debts and claims. Supporters noted the change is limited in scope, has the backing of the Ohio State Bar Association and was advanced unanimously in committee.
Representative Isaacson and other members urged passage on the grounds that the change is narrowly targeted to help low‑income Ohioans and does not broadly alter probate priorities. The House passed the measure 92-0.
