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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

77 sections·Filtered byTitle 21✕Ch 2113✕

Ohio Rev. Code Ann. § 2113.01 What court shall grant letters
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Upon the death of a resident of this state who dies intestate, letters of administration of the decedent's estate shall be granted by the probate court of the county in which the decedent was a resident at the time of death. If the will of any person is admitted to probate in thi…
Ohio Rev. Code Ann. § 2113.03 Court may order estate released from administration
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(A) Subject to division (I) of this section, an estate may be released from administration under division (B) of this section if either of the following applies: (1) The value of the assets of the estate is thirty-five thousand dollars or less.(2) The value of the assets of the e…
Ohio Rev. Code Ann. § 2113.031 Summary release from administration
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(A) As used in this section:(1) "Financial institution" has the same meaning as in section 5725.01 of the Revised Code. "Financial institution" also includes a credit union and a fiduciary that is not a trust company but that does trust business.(2) "Funeral and burial expenses" …
Ohio Rev. Code Ann. § 2113.032 Application for release of medical and billing records
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Any person who is eligible to be appointed as a personal representative of an estate under the law of this state or named as executor in a will may file an application with the probate court in the county in which the decedent resided seeking the release of the decedent's medical…

Ohio Rev. Code Ann. § 2113.04 Payment of wages of deceased employee without administration

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(A) Any employer, including the state or a political subdivision, at any time after the death of an employee, may pay all wages or personal earnings due to the deceased employee to the following, preference being given in the order named, without requiring letters testamentary or…

Ohio Rev. Code Ann. § 2113.041 Request to financial institution to release account proceed to recover costs of services

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(A) The administrator of the medicaid estate recovery program established pursuant to section 5162.21 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correct…

Ohio Rev. Code Ann. § 2113.05 Letters testamentary shall issue

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When a will is approved and allowed, the probate court shall issue letters testamentary to the executor named in the will or to the executor nominated by holders of a power as described in section 2107.65 of the Revised Code, or to the executor named in the will and to a coexecut…

Ohio Rev. Code Ann. § 2113.06 To whom letters of administration shall be granted

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(A) Administration of the estate of an intestate shall be granted to persons mentioned in this division, in the following order: (1) To the surviving spouse of the deceased, if resident of the state;(2) To one of the next of kin of the deceased, resident of the state. (B) If the …

Ohio Rev. Code Ann. § 2113.07 Application for appointment as executor or administrator

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Before being appointed executor or administrator, every person shall make and file an application that shall contain the names of the surviving spouse and all the next of kin of the deceased known to the applicant, their addresses of usual residence if known, a statement in gener…

Ohio Rev. Code Ann. § 2113.11 Notice when deceased was an alien

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Upon the filing of an application for appointment as executor or administrator of the estate of a deceased alien with surviving heirs residing in a foreign country, or as soon thereafter during the administration of the estate as the probate court ascertains that the deceased was…

Ohio Rev. Code Ann. § 2113.12 Procedure if executor renounces

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If a person named as executor in the will of a decedent, or nominated as an executor by holders of a power as described in section 2107.65 of the Revised Code, refuses to accept the trust, or, if after being served notice for that purpose, neglects to appear and accept, or if the…

Ohio Rev. Code Ann. § 2113.13 Minority of an executor

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When a person nominated as executor is under the age of eighteen years at the time of admitting the will to probate, administration may be granted with the will annexed during the nominee's minority, unless there is another executor who will accept the trust. If there is that oth…

Ohio Rev. Code Ann. § 2113.14 Executor of an executor not to administer

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The executor of an executor has no authority, as such, to administer the estate of the first testator. On the death of the sole or surviving executor of a will, administration of that part of the estate of the first testator not already administered may be granted, with the will …

Ohio Rev. Code Ann. § 2113.15 Special administrator

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When there is delay in granting letters testamentary or of administration, the probate court may appoint a special administrator to collect and preserve the effects of the deceased and grant the special administrator any other authority that the court considers appropriate. The s…

Ohio Rev. Code Ann. § 2113.16 Termination of powers of special administrator

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Upon granting of letters testamentary or of administration, the power of a special administrator appointed under section 2113.15 of the Revised Code shall terminate and the special administrator shall transfer to the executor or administrator all the assets of the deceased in the…

Ohio Rev. Code Ann. § 2113.17 Creditor's claims before Special Administrator

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A creditor's claim may be presented in accordance with section 2117.06 of the Revised Code to a special administration appointed under section 2113.15 of the Revised Code.

Ohio Rev. Code Ann. § 2113.18 Removal of executor or administrator

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(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or…

Ohio Rev. Code Ann. § 2113.19 Administrator de bonis non

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When a sole executor or administrator dies without having fully administered the estate, the probate court shall grant letters of administration, with the will annexed or otherwise as the case requires, to some suitable person pursuant to section 2113.05 or 2113.06 of the Revised…

Ohio Rev. Code Ann. § 2113.20 Will proved after administration as of an intestate

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If a will of a deceased is proved and allowed after letters of administration have been granted as of an intestate estate, the first administration shall be revoked, unless before the revocation a complaint contesting the probate of the will is filed in the probate court. If a co…

Ohio Rev. Code Ann. § 2113.21 Powers of executors, administrators, and testamentary trustees during a will contest

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(A) When a will is contested, the executor, the administrator de bonis non, with the will annexed, or the testamentary trustee may, during the contest, do the following: (1) Control all the real property and all the personal property of the testator not administered before the co…

Ohio Rev. Code Ann. § 2113.22 Proceedings against former executor or administrator

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An executor or administrator appointed in the place of an executor or administrator who has resigned or been removed, whose letters have been revoked, or whose authority has been extinguished is entitled to the possession of all the unadministered personal effects and assets of t…

Ohio Rev. Code Ann. § 2113.23 Sales of former executor or administrator valid

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When letters of administration are revoked, when an executor or administrator, or administrator with the will annexed, is removed, resigns, or dies, when a will is declared invalid, or when an election to take under section 2105.06 of the Revised Code is made by or for a survivin…

Ohio Rev. Code Ann. § 2113.25 Time frame for collection of assets and administration of estate; extensions

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The executor or administrator of an estate shall collect the assets and complete the administration of that estate within six months after the date of appointment unless an extension of the time to file a final and distributive account is authorized under division (B) of section …

Ohio Rev. Code Ann. § 2113.26 Examination of executor or administrator

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The court, upon application of any interested party, may authorize the examination of the executor or administrator under oath in open court on any matter relating to the administration of the estate.

Ohio Rev. Code Ann. § 2113.30 Continuing decedent's business

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(A) Except as otherwise directed by the decedent in the decedent's will, an executor or administrator, without personal liability for losses incurred, may continue the decedent's business during four months next following the date of the appointment of that executor or administra…

Ohio Rev. Code Ann. § 2113.31 Responsibility of executor or administrator

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Every executor or administrator is chargeable with all assets of the deceased that come into the possession or under the control of the executor or administrator and are to be administered, although not included in the inventory required by section 2115.02 of the Revised Code. Th…

Ohio Rev. Code Ann. § 2113.311 Management and rental of real property by executor or administrator

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(A) If, within a reasonable time after the appointment of the executor or administrator, no one in authority has taken over the management and rental of any real property of which the decedent died seized, the executor or administrator, or an heir or devisee may, unless the will …

Ohio Rev. Code Ann. § 2113.32 Executors and administrators not to profit

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No profits shall be made by executors or administrators by the increase of any part of an estate, nor shall they sustain any loss by the decrease or destruction of such estate without their fault.

Ohio Rev. Code Ann. § 2113.33 Not responsible for bad debts

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An executor or administrator is not accountable for debts inventoried as due to the decedent, if it appears to the probate court that, without the executor's or administrator's fault, they remain uncollected.

Ohio Rev. Code Ann. § 2113.34 Chargeable with property consumed

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If an executor or administrator neglects to sell personal property that is required to be sold, and retains, consumes, or disposes of it for the executor's or administrator's own benefit, the executor or administrator shall be charged with the personal property at double the valu…

Ohio Rev. Code Ann. § 2113.35 Commissions

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(A) Executors and administrators shall be allowed fees upon the amount of all the personal property, including the income from the personal property, that is received and accounted for by them and upon the proceeds of real property that is sold, as follows:(1) For the first one h…

Ohio Rev. Code Ann. § 2113.36 Further allowance - counsel fees

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Allowances, in addition to those provided by section 2113.35 of the Revised Code for an executor or administrator, that the probate court considers just and reasonable shall be made for actual and necessary expenses and for extraordinary services not required of an executor or ad…

Ohio Rev. Code Ann. § 2113.37 Allowance for tombstone and cemetery lot

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The probate court, in settlement of an account, may allow as a credit to the following persons a just amount expended by the person for a tombstone or monument for the deceased and a just amount paid by the person to a cemetery association or corporation as a perpetual fund for c…

Ohio Rev. Code Ann. § 2113.39 Sale of property under authority of will

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If a qualified executor, administrator, or testamentary trustee is authorized by will or devise to sell any class of personal property or real property, no order shall be required from the probate court for the executor, administrator, or testamentary trustee to proceed with the …

Ohio Rev. Code Ann. § 2113.40 Sale of personal property

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(A) At any time after the appointment of an executor or administrator, the probate court, if satisfied that it would be for the best interests of the estate, may authorize the executor or administrator to sell at public or private sale, at a fixed price or for the best price obta…

Ohio Rev. Code Ann. § 2113.41 Public sale

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(A) Public sales of personal property as provided in section 2113.40 of the Revised Code shall be at public auction and, unless otherwise directed by the probate court, after notice of the sale has been given by any of the following methods: (1) By advertisement appearing at leas…

Ohio Rev. Code Ann. § 2113.42 Report of sale

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Within thirty days after any public or private sale of the personal property of an estate, the executor or administrator shall make a report of the sale to the probate court. The report shall include proof of proper notice of the sale if it was at a public auction, and, if a cler…

Ohio Rev. Code Ann. § 2113.43 Credit

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In all sales of the personal property of an estate the probate court may authorize the executor or administrator to sell on credit, the unpaid purchase price to be secured by notes or bonds with two or more sureties and approved by the executor or administrator. An executor or ad…

Ohio Rev. Code Ann. § 2113.44 Sale of notes secured by mortgage

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An executor or administrator, without court order, may sell and transfer, without recourse, any promissory notes secured by mortgage and the mortgage securing such notes at not less than the face value thereof with accrued interest.

Ohio Rev. Code Ann. § 2113.45 Mortgaged premises to be considered personal assets - possession

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When a mortgagee of real property, or an assignee of the mortgagee, dies without foreclosing the mortgage, the mortgaged premises and the debts secured by the mortgage shall be considered personal assets in the possession or under the control of the executor or administrator of t…

Ohio Rev. Code Ann. § 2113.46 Who may discharge mortgage

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In case of the redemption of a mortgage belonging to the estate of a decedent, the money paid on the redemption shall be received by the executor or administrator, and the executor or administrator shall release and discharge the mortgage. Until that redemption, if the executor, …

Ohio Rev. Code Ann. § 2113.47 Foreclosure of mortgage

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A mortgage belonging to an estate may be foreclosed by the executor or administrator.

Ohio Rev. Code Ann. § 2113.48 Action to complete contract to sell land

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When a person who has entered into a written contract for the sale and conveyance of an interest in real property dies before its completion, the executor or administrator of the decedent's estate, if not required to otherwise dispose of the contract, may, with the consent of the…

Ohio Rev. Code Ann. § 2113.49 Court may order alteration or cancellation of contract

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When a person who has entered into a written contract for the sale and conveyance of an interest in real property dies before its completion, the executor or administrator of the decedent's estate, if not required to otherwise dispose of the contract, may file a complaint for the…

Ohio Rev. Code Ann. § 2113.50 Completion of decedent's contract to buy land

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When a person who has entered into a written contract for the purchase of an interest in real property dies before the conveyance of the interest to the person, the executor or administrator of the decedent's estate, the surviving spouse, any heir, or any devisee or legatee havin…

Ohio Rev. Code Ann. § 2113.51 Property may be delivered to legatee

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The property of an estate that is specifically bequeathed may be delivered over to the legatee entitled to the property. The legatee shall secure its redelivery on demand to the executor or administrator. Otherwise, the property shall remain in the possession or under the control…

Ohio Rev. Code Ann. § 2113.52 Devisee takes subject to tax lien - exoneration of mortgage lien

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(A) A devisee taking real property under a devise in a will, unless the will otherwise provides, or an heir taking real property under the statutes of descent and distribution shall take the real property subject to all taxes, penalties, interest, and assessments that are a lien …

Ohio Rev. Code Ann. § 2113.53 Distribution of assets of estate

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(A) At any time after the appointment of an executor or administrator, the executor or administrator may distribute to the beneficiaries entitled to assets of the estate under the will, if there is no action pending to set aside the will, or to the heirs entitled to assets of the…

Ohio Rev. Code Ann. § 2113.531 General legacies - interest

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General legacies shall bear no interest unless specifically provided in the will.

Ohio Rev. Code Ann. § 2113.54 Distribution upon application of legatee or distributee

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When five months have expired after the appointment of an executor or administrator and the surviving spouse has made an election under section 2106.01 of the Revised Code, a legatee or distributee may apply to the probate court for an order requiring the executor or administrato…