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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

998 sections·Filtered byTitle 21✕

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…

Showing 301–350 of 998

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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…

Ohio Rev. Code Ann. § 2109.45 Statement filed before private sale confirmed

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Before the probate court confirms a sale by an executor, administrator, guardian, assignee, or trustee made under an order allowing that officer to make a private sale, the court shall require that officer to file a statement indicating that the private sale was made after dilige…

Ohio Rev. Code Ann. § 2109.46 Mortgage by fiduciary

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When it appears to be for the best interests of the entrusted estate, a fiduciary other than an executor or administrator may, with the approval of the probate court, borrow money and mortgage real property belonging to the entrusted estate, whether the real property was acquired…

Ohio Rev. Code Ann. § 2109.47 Mortgage by a guardian

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Before the probate court makes an order authorizing a guardian to mortgage real property for the purpose of borrowing money to make repairs or improvements, the court shall appoint disinterested persons whose duty it shall be to investigate fully the necessity for and the advisab…

Ohio Rev. Code Ann. § 2109.48 Amount of loan

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If on the final hearing of a fiduciary's complaint to borrow money and mortgage real property belonging to the trust it appears to be for the best interests of the trust that the prayer of the complaint be granted, the probate court shall fix the amount necessary to be borrowed, …

Ohio Rev. Code Ann. § 2109.49 Investigation of trust

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The probate judge, if the probate judge considers it necessary or upon the written application of any party interested in the trust estate, may appoint a suitable person to investigate the administration of the trust or estate and report to the court. The expense of the investiga…

Ohio Rev. Code Ann. § 2109.50 Proceedings when assets concealed or embezzled

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Upon complaint made to the probate court of the county having jurisdiction of the administration of an estate, a testamentary trust, or a guardianship or of the county where a person resides against whom the complaint is made, by a person interested in the estate, testamentary tr…

Ohio Rev. Code Ann. § 2109.51 Imprisonment for disobeying citation

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If a person compelled under section 2109.50 of the Revised Code to appear for examination refuses to answer interrogatories propounded, the probate court shall commit the person to the county jail, and the person shall remain in close custody until the person submits to the court…

Ohio Rev. Code Ann. § 2109.52 Judgment on the complaint

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When passing on a complaint made under section 2109.50 of the Revised Code, the probate court shall determine, by the verdict of a jury if either party requires it or without if not required, whether the person accused is guilty of having concealed, embezzled, conveyed away, or b…

Ohio Rev. Code Ann. § 2109.53 Judgment against fiduciary - removal

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If a judgment is rendered against a fiduciary under section 2109.52 of the Revised Code, the fiduciary shall be removed by the probate court. If any portion of the estate, testamentary trust, or guardianship remains to be administered by the probate court at the time of the remov…

Ohio Rev. Code Ann. § 2109.54 Certificate of judgment - delivery to clerk of the court of common pleas

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The fiduciary in whose favor a judgment has been rendered by the probate court under section 2109.52 of the Revised Code shall deliver to the clerk of the court of common pleas a certificate of that judgment in accordance with section 2329.04 of the Revised Code. The probate cour…

Ohio Rev. Code Ann. § 2109.55 Judgment in favor of state

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If a judgment is rendered in the name of the state under section 2109.52 of the Revised Code and there is no fiduciary within this state, the prosecuting attorney shall cause the certificate provided for in section 2109.54 of the Revised Code to be filed in the clerk's office and…

Ohio Rev. Code Ann. § 2109.56 Conveyances

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All gifts, grants, or conveyances of real property, rents, or personal property and all bonds, judgments, or executions made or obtained with intent to avoid the purpose of the proceedings set forth in sections 2109.50 to 2109.55 of the Revised Code, or in contemplation of any ex…

Ohio Rev. Code Ann. § 2109.57 Appointment of trustee of funds of unknown or nonresident

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In any action or proceeding pending in a court of record, if it is made to appear to the court that any person entitled to all or a part of the proceeds of property sold in that action or proceeding is unknown or is a nonresident and not represented in the action or proceeding or…

Ohio Rev. Code Ann. § 2109.58 Inventory by fiduciary

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Each fiduciary as to whom definite provision is not made in sections 2111.14 and 2115.02 of the Revised Code shall make and file within three months after the fiduciary's appointment a full inventory of the real and personal property to be entrusted with the fiduciary, its value,…

Ohio Rev. Code Ann. § 2109.59 Failure of fiduciary to make payment or distribution

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If a fiduciary, upon demand, refuses or neglects to pay any creditor whose claim has been allowed by the fiduciary and not subsequently rejected or to pay any creditor or make distribution to any person interested in the estate whose claim or interest has been established by judg…

Ohio Rev. Code Ann. § 2109.60 Probate court may send case to the court of common pleas

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When a proceeding set forth in section 2109.59 of the Revised Code is pending in the probate court, the court, on motion of any party or on the court's own motion, may transfer the cause to the court of common pleas, and the court of common pleas shall hear, settle, and determine…

Ohio Rev. Code Ann. § 2109.61 Bond - parties to suit

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An action may be prosecuted on the bond of a fiduciary against any one or more of the obligors on the bond by any person who has been injured by reason of the breach of any condition of the bond. The action shall be prosecuted for the benefit of all persons who are interested in …

Ohio Rev. Code Ann. § 2109.62 Court termination of trust

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(A)(1) Upon the filing of a motion by a trustee with the court that has jurisdiction over the trust, upon the provision of reasonable notice to all beneficiaries who are known and in being and who have vested or contingent interests in the trust, and after holding a hearing, the …

Ohio Rev. Code Ann. § 2109.68 Allocation of receipts and expenditures between principal and income

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Allocation of receipts and expenditures between principal and income by an executor, administrator, or testamentary trustee shall be as prescribed in sections 5812.01 to 5812.52 of the Revised Code.

Ohio Rev. Code Ann. § 2109.69 Application of trust code provisions to testamentary trusts

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(A) Subject to division (B) of this section, the provisions of Chapters 5801. to 5811. of the Revised Code apply to testamentary trusts except to the extent that any provision of those chapters conflicts with any provision of Chapter 2109. of the Revised Code, or with any other p…

Ohio Rev. Code Ann. § 2111.01 Guardian and conservatorship definitions

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As used in Chapters 2101. to 2131. of the Revised Code:(A) "Guardian," other than a guardian under sections 5905.01 to 5905.19 of the Revised Code, means any person, association, or corporation appointed by the probate court to have the care and management of the person, the esta…

Ohio Rev. Code Ann. § 2111.011 Guardianship guide

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(A) The clerk of the probate court shall furnish a guardianship guide, prepared e ither by the attorney general w ith the approval of the Ohio judicial conference or b y the Ohio judicial conference under division (B) of this section, to a guardian at either of the following time…

Ohio Rev. Code Ann. § 2111.02 Appointment of guardian - limited, interim, emergency, or standby guardian - nomination

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(A) If found necessary, a probate court on its own motion or on application by any interested party shall appoint, subject to divisions (C) and (D) of this section and to section 2109.21 and division (B) of section 2111.121 of the Revised Code, a guardian of the person, the estat…

Ohio Rev. Code Ann. § 2111.021 Physically infirm adult may petition for conservatorship

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A competent adult who is physically infirm may petition the probate court of the county in which the petitioner resides, to place, for a definite or indefinite period of time, the petitioner's person, any or all of the petitioner's real or personal property, or both under a conse…

Ohio Rev. Code Ann. § 2111.022 Emergency order to freeze assets of missing person

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(A) A probate court, on its own motion or on application of an interested party, may issue an emergency ex parte order freezing the financial assets of an individual whom the court or applicant has reason to believe is missing or has gone or been taken to another state if it is r…

Ohio Rev. Code Ann. § 2111.03 Application for appointment as guardian

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A person applying for appointment as a guardian, including, but not limited to, as a limited guardian, pursuant to section 2111.02 of the Revised Code, shall file with the probate court an application that contains a statement of the whole estate of the ward, its probable value, …

Ohio Rev. Code Ann. § 2111.031 Appointing physicians and other persons to determine need for guardianship

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In connection with an application for the appointment of a guardian for an alleged incompetent, the court may appoint physicians, clinical nurse specialists, certified nurse practitioners, and other qualified persons to examine, investigate, or represent the alleged incompetent, …

Ohio Rev. Code Ann. § 2111.04 Notice of appointment

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(A) Except for an interim or emergency guardian appointed under division (B)(2) or (3) of section 2111.02 of the Revised Code, no guardian of the person, the estate, or both shall be appointed until at least seven days after the probate court has caused written notice, setting fo…

Ohio Rev. Code Ann. § 2111.041 Investigating circumstances of alleged incompetent

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(A) At the time of the service of notice upon an alleged incompetent, as required by division (A)(2)(a) of section 2111.04 of the Revised Code, the court shall require a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code or appoin…

Ohio Rev. Code Ann. § 2111.042 Investigating and report regarding guardianship of minor

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(A) In connection with the appointment of a guardian for a minor or the functioning of the guardianship of a minor, the court may appoint a regular probate court investigator appointed or designated under section 2101.11 of the Revised Code or appoint a temporary probate court in…

Ohio Rev. Code Ann. § 2111.05 Termination of guardianship based on value of ward's estate

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When the whole estate of a ward does not exceed twenty-five thousand dollars in value, the guardian may apply to the probate court for an order to terminate the guardianship. Upon proof that it would be for the best interest of the ward to terminate the guardianship, the court ma…

Ohio Rev. Code Ann. § 2111.06 Guardian of the person

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If the powers of the person appointed as guardian of a minor or incompetent are not limited by the order of appointment, the person shall be guardian both of the person and estate of the ward. In every instance the court shall appoint the same person as guardian of the person and…

Ohio Rev. Code Ann. § 2111.07 Powers of guardian of person and estate

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Each person appointed guardian of the person and estate of a minor shall have the custody of the ward, the obligation to provide for the education of the ward as required under section 3321.01 of the Revised Code, and the management of the ward's estate during minority, unless th…