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Ohio Statutes, Title 21

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Title 21, Title 21. Courts-Probate-Juvenile

25 chapters · 998 sections in this title.

All chapters in Title 21998 Ch 2151, Chapter 2151 | Juvenile Court206 Ch 2108, Chapter 2108 | Human Bodies Or Parts…80 Ch 2113, Chapter 2113 | Executors And Adminis…77 Ch 2109, Chapter 2109 | Fiduciaries70 Ch 2107, Chapter 2107 | Wills65 Ch 2111, Chapter 2111 | Guardians; Conservato…65 Ch 2101, Chapter 2101 | Probate Court - Juris…58 Ch 2152, Chapter 2152 | Delinquent Children; …55 Ch 2127, Chapter 2127 | Sale Of Lands44 Ch 2117, Chapter 2117 | Presentment Of Claims…36 Ch 2105, Chapter 2105 | Descent And Distribution34 Ch 2129, Chapter 2129 | Ancillary Administration29 Ch 2133, Chapter 2133 | Modified Uniform Righ…22 Ch 2131, Chapter 2131 | Miscellaneous20

70 sections·Filtered byTitle 21✕Ch 2109✕

Ohio Rev. Code Ann. § 2109.01 Fiduciary defined
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"Fiduciary," as used in Chapters 2101. to 2131. of the Revised Code, means any person, other than an assignee or trustee for an insolvent debtor or a guardian under sections 5905.01 to 5905.19 of the Revised Code, appointed by and accountable to the probate court and acting in a …
Ohio Rev. Code Ann. § 2109.02 Appointment and duties
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Every fiduciary, before entering upon the execution of a trust, shall receive letters of appointment from a probate court having jurisdiction of the subject matter of the trust. The duties of a fiduciary shall be those required by law, and such additional duties as the court orde…
Ohio Rev. Code Ann. § 2109.021 Fiduciary filings by mail or in person
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After letters of appointment are issued to a fiduciary, the court shall accept filings by mail in matters of estates, guardianships, or trusts, unless the court in writing notifies the fiduciary or attorney of record that a personal appearance is necessary, or a personal appearan…
Ohio Rev. Code Ann. § 2109.03 Fiduciary's attorney
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At the time of the appointment of a fiduciary, the fiduciary shall file in the probate court the name of the attorney, if any, who will represent the fiduciary in matters relating to the trust. After the name of an attorney has been filed, notices sent to that fiduciary in the fi…

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Ohio Rev. Code Ann. § 2109.04 Bond

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(A)(1) Unless otherwise provided by law, order, or local rule, every fiduciary, prior to the issuance of the fiduciary's letters as provided by section 2109.02 of the Revised Code, shall file in the probate court in which the letters are to be issued a bond with a penal sum in an…

Ohio Rev. Code Ann. § 2109.05 Bond - trust created by will

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When considered necessary by the probate court and not otherwise directed in the will, a bond, as provided by sections 2109.01 to 2109.58 of the Revised Code, shall be required in all trusts created by will and not fully discharged, on the petition of an interested person and aft…

Ohio Rev. Code Ann. § 2109.06 New or additional bond

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The probate court that appoints a fiduciary may, on its own motion or on the application of any interested party, and after notice to the fiduciary, require a new bond or sureties or an additional bond or sureties whenever, in the opinion of the court, the interests of the trust …

Ohio Rev. Code Ann. § 2109.07 Bond conditions - administrator - when not required

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(A) The bond required of an administrator by section 2109.04 of the Revised Code shall not be required in either of the following cases: (1) It shall not be required of a surviving spouse to administer the deceased spouse's estate if the surviving spouse is entitled to the entire…

Ohio Rev. Code Ann. § 2109.08 Bond conditions - special administrator

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The bond required by section 2109.04 of the Revised Code of a special administrator shall be conditioned as follows:(A) To file with the probate court within three months an inventory of the tangible and intangible personal property of the deceased that has or may come to the spe…

Ohio Rev. Code Ann. § 2109.09 Bond conditions - executor

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(A) Unless the testator has specified otherwise in the will, the bond required of an executor by section 2109.04 of the Revised Code shall not be required of the executor to administer an estate in accordance with the will of the testator if the executor is the next of kin and if…

Ohio Rev. Code Ann. § 2109.10 Bond when executor or administrator is sole residuary legatee or distributee

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If an executor or administrator is sole residuary legatee or distributee and if division (A) of section 2109.07 or division (A) of section 2109.09 of the Revised Code does not apply, instead of giving the bond prescribed by section 2109.04 of the Revised Code, the executor or adm…

Ohio Rev. Code Ann. § 2109.11 Bond conditions - testamentary trustees

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The bond required by section 2109.04 of the Revised Code of a testamentary trustee shall be conditioned as follows: (A) To make and return to the probate court within the time required by section 2109.58 of the Revised Code a true inventory of all moneys, rights, credits, other p…

Ohio Rev. Code Ann. § 2109.12 Bond conditions - guardians

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Any bond required by or pursuant to section 2109.04 of the Revised Code of a guardian shall be conditioned as follows: (A) If applicable, to make and return to the probate court within the time required by section 2111.14 of the Revised Code a true inventory of all moneys, rights…

Ohio Rev. Code Ann. § 2109.13 Deposit of personal property in lieu of bond

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In any case in which a bond is required by the probate court from a fiduciary and the value of the estate or fund is such that the court deems it inexpedient to require security in the full amount prescribed by section 2109.04 of the Revised Code, the court may direct the deposit…

Ohio Rev. Code Ann. § 2109.14 Deposit of works of art in museum authorized - reduction of bond

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If the estate held by a fiduciary consists in whole or in part of works of nature or of art that are suitable for preservation and exhibition in a museum or other similar institution, the probate court may authorize and direct that any or all of those works be deposited with a co…

Ohio Rev. Code Ann. § 2109.15 Informality of bond

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No bond executed by a fiduciary shall be void or held invalid because of any informality in such bond or because of informality or illegality in the appointment of such fiduciary. Such bond shall have the same effect as if the appointment had been legally made and the bond execut…

Ohio Rev. Code Ann. § 2109.16 One bond for two or more wards

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When a person is appointed guardian of several minors who are children of the same parentage and inherit from the same estate, separate bonds shall not be required. In such cases, only one application for letters of guardianship is necessary, and the letters issued to such guardi…

Ohio Rev. Code Ann. § 2109.17 Sureties

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If the bond of a fiduciary is executed by personal sureties, one or more of the sureties shall be a resident of the county in which the fiduciary applies for appointment. The sureties shall own real property worth double the sum to be secured, over and above all encumbrances, and…

Ohio Rev. Code Ann. § 2109.18 Release of a fiduciary's sureties

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A surety of a fiduciary or the executor or administrator of a surety may make application at any time to the probate court to be released from the bond of such fiduciary. Such surety shall file a written request therefor with the probate judge of such court and give at least five…

Ohio Rev. Code Ann. § 2109.19 Bond of indemnity to surety

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If a fiduciary wastes or unfaithfully administers an estate, on the application of a surety on the fiduciary's bond the probate court granting letters of appointment to the fiduciary may order the fiduciary to render an account and to execute to the surety a bond of indemnity wit…

Ohio Rev. Code Ann. § 2109.20 Guardian may give real property mortgage to secure bond

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Instead of the sureties required on a guardian's bond by section 2109.04 of the Revised Code, a guardian of the person and estate or of the estate only of any ward may execute to the ward a mortgage upon unencumbered real property. The guardian first shall furnish to the probate …

Ohio Rev. Code Ann. § 2109.21 Residence qualifications of fiduciary

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(A) An administrator, special administrator, administrator de bonis non, or administrator with the will annexed shall be a resident of this state and shall be removed on proof that the administrator is no longer a resident of this state. (B)(1)(a) To qualify for appointment as ex…

Ohio Rev. Code Ann. § 2109.22 Marriage no disqualification for fiduciary

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The marriage of any person does not disqualify the person from acting as fiduciary, whether the marriage occurs before or after the person's appointment and qualification, and all of the person's acts in that capacity shall have the same validity as though the person were unmarri…

Ohio Rev. Code Ann. § 2109.24 Resignation or removal of fiduciary

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The probate court at any time may accept the resignation of any fiduciary upon the fiduciary's proper accounting, if the fiduciary was appointed by, is under the control of, or is accountable to the court. The fiduciary may resign by filing a written statement with the court afte…

Ohio Rev. Code Ann. § 2109.25 Fiduciary in military service - removal and reinstatement

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(A) Whenever it appears to the satisfaction of the probate court that a fiduciary is unable to perform the fiduciary's duties because the fiduciary is engaged or is about to engage in military service as defined by this section, the court may remove the fiduciary and appoint a su…

Ohio Rev. Code Ann. § 2109.26 Vacancy before termination of the trust - accounting - successor fiduciary

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If a sole fiduciary dies, is dissolved, declines to accept, resigns, is removed, or becomes incapacitated prior to the termination of the trust, the probate court shall require a final account of all dealings of the trust to be filed by the fiduciary if a living person and able t…

Ohio Rev. Code Ann. § 2109.27 Surviving fiduciaries

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When two or more fiduciaries have been appointed jointly to execute a trust and one or more of them dies, declines, resigns, or is removed, the title shall pass to the remaining fiduciaries who shall execute the trust, unless the creating instrument expresses a contrary intention…

Ohio Rev. Code Ann. § 2109.28 Merger of fiduciaries

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A trust company or state or national bank having trust powers, resulting from merger or consolidation shall, upon filing proof thereof in the probate court, and without a new appointment, succeed to the rights and duties of all predecessor companies, as fiduciary. A purchase of s…

Ohio Rev. Code Ann. § 2109.29 Rights as to shares in corporation

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A corporation need not, unless ordered by a court, take notice of any duty of a fiduciary, or any restriction or limitation of the right, capacity, authority, or interest of such fiduciary, or see to the performance of any duty or requirement imposed upon such fiduciary by Chapte…

Ohio Rev. Code Ann. § 2109.30 Accounts of fiduciaries

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(A) Every executor and administrator shall render an account of the executor's and administrator's administration at the time and in the manner prescribed in section 2109.301 of the Revised Code. Every guardian or conservator shall render an account of the ward's estate at the ti…

Ohio Rev. Code Ann. § 2109.301 Administrator or executor rendering account

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(A) An administrator or executor shall render an account at any time other than a time otherwise mentioned in this section upon an order of the probate court issued for good cause shown either at its own instance or upon the motion of any person interested in the estate. Except a…

Ohio Rev. Code Ann. § 2109.302 Guardian or conservator rendering account

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(A) Every guardian or conservator shall render an account of the administration of the ward's estate at least once in each two years. The guardian or conservator shall render an account at any time other than a time otherwise mentioned in this section upon the order of the probat…

Ohio Rev. Code Ann. § 2109.303 Testamentary trustee rendering account

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(A) Except as provided in division (B) of this section, every testamentary trustee shall, and every other fiduciary not subject to section 2109.301 or 2109.302 of the Revised Code may, render an account of the trustee's or other fiduciary's administration of the estate or trust a…

Ohio Rev. Code Ann. § 2109.31 Citation to fiduciary to file account

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(A) If a fiduciary neglects or refuses to file an account, inventory, certificate of notice of probate of will, or report when due according to section 2107.19, 2109.30, 2111.49, or 2115.02 of the Revised Code or when ordered by the probate court, the court at its own instance ma…

Ohio Rev. Code Ann. § 2109.32 Hearing on fiduciary's account

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(A) Every fiduciary's account required by section 2109.301, 2109.302, or 2109.303 of the Revised Code shall be set for hearing before the probate court. The hearing on the account shall be set not earlier than thirty days after the filing of the account. At the hearing upon an ac…

Ohio Rev. Code Ann. § 2109.33 Service of additional notice - exceptions to account

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A fiduciary may serve notice of the hearing upon the fiduciary's account to be conducted under section 2109.32 of the Revised Code, or may cause the notice to be served, upon any person who is interested in the estate or trust, including creditors as the court may direct. The pro…

Ohio Rev. Code Ann. § 2109.34 Representation in account proceeding

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If an interest in an estate or trust is or may be possessed by persons who will compose a certain class upon the happening of any future event, the unborn members of that class shall be considered to be represented in any hearing upon a fiduciary's account required by section 210…

Ohio Rev. Code Ann. § 2109.35 Effect of order settling account - vacation of order

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The order of the probate court upon the settlement of a fiduciary's account shall have the effect of a judgment and may be vacated only as follows: (A) The order may be vacated for fraud, upon motion of any person affected by the order or upon the court's own order, if the motion…

Ohio Rev. Code Ann. § 2109.36 Order of distribution

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An application for an order of distribution of the assets of an estate or trust held by a fiduciary may be set for hearing before the probate court at the time that the court shall designate. The fiduciary may serve notice of the hearing upon the application, or cause the notice …

Ohio Rev. Code Ann. § 2109.361 Application by beneficiary for approval of third-party distribution

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(A) As used in this section, "third-party distribution" means the distribution by a fiduciary of an estate or trust of the assets of that estate or trust when both of the following apply: (1) The fiduciary makes the distribution to either of the following persons:(a) The transfer…

Ohio Rev. Code Ann. § 2109.37 Investment of trust funds by fiduciary

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(A) Except as otherwise provided by law, including division (D) of this section, or by the instrument creating the trust, a fiduciary having funds belonging to a trust that are to be invested may invest them in the following: (1) Bonds or other obligations of the United States or…

Ohio Rev. Code Ann. § 2109.371 Additional eligible investments

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(A) In addition to those investments made eligible by section 2109.37 or 2109.372 of the Revised Code, investments may be made by a fiduciary other than a guardian under sections 5905.01 to 5905.19 of the Revised Code, and subject to the restriction placed on an administrator or …

Ohio Rev. Code Ann. § 2109.372 Holding cash or making temporary investments

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(A) As used in this section: (1) "Short term trust-quality investment fund" means a short term investment fund that meets both of the following conditions: (a) The fund may be either a collective investment fund established in accordance with section 1111.14 of the Revised Code o…

Ohio Rev. Code Ann. § 2109.38 Retaining unauthorized investments

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Sections 2109.37, 2109.371, and 2109.372 of the Revised Code do not prohibit a fiduciary from retaining any part of a trust estate as received by the fiduciary even though that part is not of the class or percentage permitted to fiduciaries, or from retaining any investment made …

Ohio Rev. Code Ann. § 2109.39 Receiving distribution in kind

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A fiduciary entitled to a distributive share of the assets of an estate or trust has the same right as other beneficiaries to accept or demand distribution in kind and may retain any security or investment so distributed to the fiduciary as though it were a part of the original e…

Ohio Rev. Code Ann. § 2109.40 Participation in corporate reorganization

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Unless the instrument creating a trust forbids, a fiduciary may do all of the things that an individual holder might do with respect to securities held by the fiduciary, including the exercise or sale of subscription rights, the acceptance of new stock in the same corporation in …

Ohio Rev. Code Ann. § 2109.41 Deposit of funds

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(A) Immediately after appointment and throughout the term of the appointment, but subject to section 2109.372 of the Revised Code and except as provided in division (C) of this section, every fiduciary, pending payment of current obligations of the fiduciary's trust or estate, di…

Ohio Rev. Code Ann. § 2109.42 Liability for failure to invest

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Subject to section 2109.372 of the Revised Code, a fiduciary who has funds belonging to a trust that are not required for payment of current obligations of the fiduciary's trust or distribution shall, unless otherwise ordered by the probate court, invest those funds within a reas…

Ohio Rev. Code Ann. § 2109.43 Personal use of trust property prohibited

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No fiduciary shall make any personal use of the funds or property belonging to a trust. For a violation of this section, the fiduciary and the fiduciary's bond shall be liable in an action for any loss occasioned by that use and for any additional amount by way of forfeiture, not…

Ohio Rev. Code Ann. § 2109.44 Prohibited transactions; purchase of property

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(A) Fiduciaries shall not buy from or sell to themselves and shall not have in their individual capacities any dealings with the estate, except as expressly authorized by the instrument creating the trust and then only with the approval of the probate court in each instance. No c…