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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. § 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 …

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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…

Ohio Rev. Code Ann. § 2113.55 Distribution in kind

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Before making distribution in kind of property which is not specifically bequeathed, an executor or administrator shall obtain the approval of the probate court or the consent of all of the legatees or distributees whose interests may be affected by such distribution. A distribut…

Ohio Rev. Code Ann. § 2113.56 Executor or administrator not liable

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An executor or administrator is not liable for any distribution made in compliance with sections 2113.53, 2113.54, and 2113.55 of the Revised Code, except that an order of distribution made pursuant to any of such sections may be vacated as provided in section 2109.35 of the Revi…

Ohio Rev. Code Ann. § 2113.58 Protection of remainderman's interest in personal property

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If by a will the use or income of personal property is given to a person for a term of years or for life and some other person has a remainder interest in the property, the probate court, unless the will otherwise provides, may authorize delivery of the personal property to the p…

Ohio Rev. Code Ann. § 2113.59 Lien on share of beneficiary

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When a beneficiary of an estate is indebted to such estate, the amount of the indebtedness if due, or the present worth of the indebtedness if not due, may be set off by the executor or administrator against any testate or intestate share of the estate to which such beneficiary i…

Ohio Rev. Code Ann. § 2113.61 Application for certificate of transfer of real property

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(A)(1) When real property passes by the laws of intestate succession or under a will, the administrator or executor shall file in probate court, at any time after the filing of an inventory that includes the real property but prior to the filing of the administrator's or executor…

Ohio Rev. Code Ann. § 2113.62 Record by county recorder

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Upon receipt of the certificate provided for in section 2113.61 of the Revised Code, the county recorder shall record it in the official records and index the certificate in the name of the decedent as grantor and the person to whom the real property passes as grantee in the inde…

Ohio Rev. Code Ann. § 2113.64 Investment of unclaimed money

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If a sum of money to be distributed to heirs, next of kin, or legatees, or owing from an estate to a creditor of the estate, remains unclaimed prior to the filing of a final account, the court may order it turned into the county treasury as provided in section 2113.65 of the Revi…

Ohio Rev. Code Ann. § 2113.65 Disposition of investment

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The person investing unclaimed money under section 2113.64 of the Revised Code shall file in the probate court a memorandum thereof, with the original certificates or evidences of title representing such investment, which shall be allowed as a sufficient voucher for such payment …

Ohio Rev. Code Ann. § 2113.66 Statute of limitations no defense

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The statute of limitations shall not be set up as a defense or bar to an action against an executor or administrator who fails or neglects to comply with the requirements of sections 2113.64 and 2113.65 of the Revised Code.

Ohio Rev. Code Ann. § 2113.67 Money paid to owner

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When a person entitled to the money invested or turned into the county treasury under section 2113.64 of the Revised Code satisfies the probate court of the person's right to receive it, the court shall order it to be paid over and transferred to the person. In case it has been t…

Ohio Rev. Code Ann. § 2113.68 Responsibility for safekeeping of evidences of title

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The probate judge with whom the certificates or evidences of title required by section 2113.65 of the Revised Code are deposited and each succeeding judge to whom they come, and the judges' sureties, shall be responsible for their safekeeping and application, as provided in secti…

Ohio Rev. Code Ann. § 2113.69 Newly discovered assets

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When newly discovered assets come into the possession or under the control of an executor or administrator after the filing of the original inventory required by section 2115.02 of the Revised Code, the executor or administrator shall administer, account for, and distribute those…

Ohio Rev. Code Ann. § 2113.70 Suit against foreign executors and administrators

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An executor or administrator appointed in any other state or country, or the executor's or administrator's legal representatives, may be prosecuted in any appropriate court in this state in the capacity of executor or administrator.

Ohio Rev. Code Ann. § 2113.71 Jurisdiction

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The several probate courts, courts of common pleas, and superior courts have the same authority over foreign executors and administrators as if they were appointed in this state.

Ohio Rev. Code Ann. § 2113.72 Proceedings against foreign executor or administrator

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Any court of common pleas may compel a foreign administrator or executor residing in this state, or having assets or property in this state, to account at the suit of an heir, distributee, or legatee, who is resident in this state, and make distribution of the amount found in the…

Ohio Rev. Code Ann. § 2113.73 Security for distributees and indemnification for sureties

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If a foreign administrator or executor has wasted, misapplied, or converted assets of an estate, or has insufficient property to discharge the foreign administrator's or executor's liability on account of the trust, or the foreign administrator's or executor's sureties are irresp…

Ohio Rev. Code Ann. § 2113.74 Other remedies

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The several provisional remedies and proceedings authorized by sections 2113.70 to 2113.73 of the Revised Code against a foreign executor or administrator also apply to the person and property of a foreign administrator or executor. The probate court or the court of common pleas …

Ohio Rev. Code Ann. § 2113.75 Foreign executor or administrator may prosecute suit in this state

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An executor or administrator appointed in any other state or country may commence and prosecute an action or proceeding in any court in this state, in the capacity as executor or administrator, in the same manner and under the same restrictions as a nonresident is permitted to su…

Ohio Rev. Code Ann. § 2113.81 Holding money and property in trust for safe keeping for nonresidents of United States

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If it appears that a legatee or a distributee, or a beneficiary of a trust not residing within the United States or its territories will not have the benefit, use, or control of the money or other property due the legatee or distributee from the estate or due the beneficiary from…

Ohio Rev. Code Ann. § 2113.82 Orders to pay money and property held in trust for safe keeping for nonresidents of United States

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When a person entitled to money or other property invested or turned into the county treasurer or to a trustee under section 2113.81 of the Revised Code satisfies the probate court of the person's right to receive it, the court shall order the county treasurer or the trustee to p…

Ohio Rev. Code Ann. § 2113.85 Apportionment of tax definitions

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As used in sections 2113.85 to 2113.90 of the Revised Code: (A) "Estate" means the gross estate of a decedent who is domiciled in this state, as determined for federal estate tax purposes under Subtitle B of the Internal Revenue Code of 1954, 26 U.S.C. 2001, as amended, for Ohio …

Ohio Rev. Code Ann. § 2113.86 Apportionment of taxes

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(A) Unless a will or another governing instrument otherwise provides, and except as otherwise provided in this section, a tax shall be apportioned equitably in accordance with the provisions of this section among all persons interested in an estate in proportion to the value of t…

Ohio Rev. Code Ann. § 2113.861 Apportionment of generation-skipping tax

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Except as provided in section 5815.27 of the Revised Code, the generation-skipping transfer tax imposed by Chapter 13 of subtitle B of the Internal Revenue Code of 1986, 100 Stat. 2718, 26 U.S.C. 2601-2624, as amended, and the generation-skipping tax levied by division (B) of sec…

Ohio Rev. Code Ann. § 2113.87 Requesting court to determine apportionment of tax

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(A) The fiduciary, or any person interested in the estate who objects to the manner of apportionment of a tax, may apply to the court that has jurisdiction of the estate and request the court to determine the apportionment of the tax. If there are no probate proceedings, the prob…

Ohio Rev. Code Ann. § 2113.88 Withholding or recovering amount of tax

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(A) The fiduciary may withhold from any property distributable to any person interested in the estate the amount of tax attributable to the person's interest. If the property in possession of the fiduciary and distributable to any person interested in the estate is insufficient t…

Ohio Rev. Code Ann. § 2113.89 Action to recover tax

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The fiduciary is not required to institute any suit or proceeding to recover from any person interested in the estate the amount of the tax apportioned to the person until three months after the final determination of the tax. A fiduciary who institutes a suit or proceedings with…

Ohio Rev. Code Ann. § 2113.90 Action by foreign fiduciary or obligated person

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(A) A fiduciary who is acting in another state or a person required to pay the tax who is domiciled in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax determined under Subtitle B of the "Internal R…

Ohio Rev. Code Ann. § 2115.01 Inventory defined

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As used in Chapters 2113. to 2125., inclusive, of the Revised Code, "inventory" includes appraisement.

Ohio Rev. Code Ann. § 2115.02 Inventory - separate schedule

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Within three months after the date of the executor's or administrator's appointment, unless the probate court grants an extension of time for good cause shown, the executor or administrator shall file with the court an inventory of the decedent's interest in real property located…

Ohio Rev. Code Ann. § 2115.03 Proceedings on refusal to file inventory

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If an executor or administrator neglects or refuses to return an inventory as provided by section 2115.02 of the Revised Code, the probate court shall issue an order requiring the executor or administrator, at an early day specified in the order, to return an inventory. After per…