Application To Distribute In Kind {10.0}

FORM 10.0 - APPLICATION TO DISTRIBUTE IN KIND [R.C. 2113.55]. This form is used in the Probate Court of Stark County, Ohio, to request court approval for distributing personal property from a deceased person's estate directly to beneficiaries instead of liquidating the assets for cash distribution. Under R.C. 2113.55, this application is submitted by the fiduciary (executor or administrator) handling the estate. It applies to personal property that is not specifically bequeathed in a will and is available for distribution. Before approval, the fiduciary must confirm that the decedent’s known debts have either been paid or there are sufficient assets available to cover them. The form also requires information on whether all interested parties, such as heirs or beneficiaries, have consented to the proposed distribution. If consent is not unanimous, the fiduciary must provide notice to those who have not agreed, and a hearing may be scheduled to address any objections. The application may also be used when the distribution is intended to satisfy allowances for support due to the surviving spouse or minor children or to fulfill a portion of the statutory share owed to the surviving spouse under Ohio’s laws of descent and distribution. The accompanying Schedule of Property to Be Distributed in Kind lists each item, its recipient, and its appraised value. If the court finds that the proposed distribution complies with legal requirements and is in the best interests of the estate, it will authorize the fiduciary to proceed with the distribution. If there are objections, a hearing will be held to resolve any disputes before finalizing the distribution. www.FormsWorkflow.com