HB 446 Ohio House · 136th Legislature (2025-2026)

Modify trust and probate laws

Summary
To amend sections 1336.04, 1336.05, 1336.09, 1337.34, 1337.36, 1337.42, 1337.52, 2117.02, 5701.11, 5801.04, 5801.07, 5806.02, 5806.03, 5808.19, 5810.08, 5812.43, 5815.25, and 5816.11; to enact sections 5808.161, 5818.01, 5818.011, 5818.02, 5818.03, 5818.04, 5818.05, 5818.06, 5818.07, 5818.08, 5818.09, 5818.10, 5818.11, 5818.12, 5818.13, 5818.14, 5818.15, 5818.16, 5818.17, 5818.18, 5818.19, 5818.20, 5818.21, 5818.22, 5818.23, 5818.24, 5818.25, 5818.26, 5818.27, 5818.28, 5818.29, 5818.30, 5818.31, 5818.32, and 5818.33; and to repeal section 5808.08 of the Revised Code to modify trust and probate laws.
Bill status passed 3 of 5 stages cleared
Introduction
Sep 2025
Committee Review
Jun 2026
House Passage
May 2026
Senate Passage
Governor
Introduced Sep 15, 2025 Last action Jun 2, 2026
Maddy AI version diff · 1 comparison

What changed between versions

As Introduced As Passed by the House · 6 edits · May 20, 2026
MODERATE
This bill significantly expands Ohio's trust and probate laws by adding new sections to the Revised Code, updating existing sections, and clarifying the roles of guardians and executors. Key changes include extending the statute of limitations for challenging fraudulent transfers, modernizing rules for nonresident administrators and executors, and establishing a new 'Ohio Trust Protector and Directed Trust Act' to regulate third-party oversight of trusts.
Scope change
The bill expands the scope of the Ohio Trust Code to include new provisions for trust protectors and directed trusts, and broadens the applicability of probate rules to include nonresident fiduciaries under specific conditions.
REQUIREMENT

Added a new chapter (Chapter 5818) creating the 'Ohio Trust Protector and Directed Trust Act,' which defines protectors, outlines their powers and duties, and establishes rules for when they act as fiduciaries.

Updated powers of attorney sections to explicitly list mandatory duties for agents, including acting in good faith, preserving the principal's estate plan, and keeping accurate records.

Added new sections allowing trustees to reimburse persons treated as trust owners for their income tax liabilities attributable to the trust's income.

TIMELINE

Extended the time limit for creditors to sue to recover fraudulent transfers from four years to four years for intentional fraud and four years for transfers without value, with specific adjustments for death-related transfers.

ELIGIBILITY

Modified probate laws to allow nonresident individuals related to a decedent, private trust companies, and nonresidents from states with similar laws to serve as administrators, executors, or guardians without mandatory removal.

DEFINITION

Added new definitions for 'protector,' 'trust directive,' 'legacy trust,' and 'trust office' to clarify the legal framework for third-party oversight of trusts.

Floor votes · House May 20, 2026

How they voted

950
Passed
Total votes 95
May 20, 2026
D Democratic30
30 Yea
100% Yea
R Republican65
65 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
2
Jun 2, 2026
Committee
Referred to committee
upper
May 21, 2026
Introduced
Introduced
upper
May 20, 2026
Lower · Passed
Passed
lower
Oct 1, 2025
Committee
Referred to committee
lower
Sep 15, 2025
Introduced
Introduced
lower
2 primary · 0 co-sponsors

Sponsors