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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. § 2115.04 Notice of inventory
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Not less than five days previous thereto, a written notice stating the time and place of making the inventory required by section 2115.02 of the Revised Code, must be served by the executor or administrator on the surviving spouse, but such notice may be waived in writing by such…
Ohio Rev. Code Ann. § 2115.05 Who shall make inventory
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After giving the notice required in section 2115.04 of the Revised Code, the executor or administrator, with the aid of the appraiser, if an appraisement is to be made, shall make the inventory required by section 2115.02 of the Revised Code.
Ohio Rev. Code Ann. § 2115.06 Appraisers - compensation - fees may be charged against the estate
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The real property and personal property comprised in the inventory required by section 2115.02 of the Revised Code, unless an appraisement of that real property or personal property has been dispensed with by an order of the probate court, shall be appraised by one suitable disin…
Ohio Rev. Code Ann. § 2115.07 Oath and duties of appraisers
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Before proceeding to the execution of their duties, the appraisers of a decedent's estate shall agree that they will truly, honestly, and impartially appraise the estate and property exhibited to them and perform the other duties required in the premises according to the best of …

Showing 501–550 of 998

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Ohio Rev. Code Ann. § 2115.09 Inventory contents

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The inventory required by section 2115.02 of the Revised Code shall contain a particular statement of all securities for the payment of money that belong to the deceased and are known to the executor or administrator. The inventory shall specify the name of the debtor in each sec…

Ohio Rev. Code Ann. § 2115.10 Emblements to be included in inventory - right of entry

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The emblements raised by labor, whether severed or not from the land of the deceased at the time of the decedent's death, are assets in the possession or under the control of the executor or administrator and shall be included in the inventory required by section 2115.02 of the R…

Ohio Rev. Code Ann. § 2115.11 Discharge of a debt in a will

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The discharge or bequest, in a will, of a debt or demand of a testator against an executor named in the will, or against any other person, is not valid as against the decedent's creditors, but is only a specific bequest of that debt or demand. The amount of the debt or demand sha…

Ohio Rev. Code Ann. § 2115.12 Naming of person executor does not discharge debt

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The naming of a person as executor in a will shall not operate as a discharge or bequest of a just claim that the testator had against that executor. The claim shall be included among the assets of the deceased in the inventory required by section 2115.02 of the Revised Code. The…

Ohio Rev. Code Ann. § 2115.15 Signing, certifying, and return of inventory

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Upon the completion of the inventory required by section 2115.02 of the Revised Code, it shall be signed by the appraisers at its end, and the appraisers shall certify that the inventory is a true and correct appraisement of the property exhibited to them. It is not necessary for…

Ohio Rev. Code Ann. § 2115.16 Hearing on inventory

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Upon the filing of the inventory required by section 2115.02 of the Revised Code, the probate court shall set a day, not later than one month after the day the inventory was filed, for a hearing on the inventory. The executor or administrator may serve notice of the hearing, or m…

Ohio Rev. Code Ann. § 2115.17 Real property appraisal conclusive

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When the inventory required by section 2115.02 of the Revised Code has been approved by the probate court, the appraisement of the real property as set forth in the inventory shall be conclusive for all purposes except estate tax, unless a reappraisal is ordered by the court.

Ohio Rev. Code Ann. § 2117.01 Debts due an executor or administrator

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No part of the assets of a deceased shall be retained by an executor or administrator in satisfaction of the executor's or the administrator's own claim, until it has been proved to and allowed by the probate court. That debt is not entitled to preference over others of the same …

Ohio Rev. Code Ann. § 2117.02 Presentation of claim to probate court

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An executor or administrator within three months after the date of appointment shall present any claim the executor or administrator has against the estate to the probate court for allowance. The claim shall not be paid unless allowed by the court. When an executor or administrat…

Ohio Rev. Code Ann. § 2117.03 Disinterested person to represent estate

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At any time after the presentation by an executor or administrator of a claim that the executor or administrator owns against the estate the executor or administrator represents to the probate court for allowance, the court on its own motion, or on motion by any interested party,…

Ohio Rev. Code Ann. § 2117.04 Appeal from final order or judgment

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Upon the hearing as to the allowance of an executor's or administrator's claim against the estate the executor or administrator represents, an appeal may be taken from a final order or judgment of the probate court upon a matter of law by any person affected by the order or judgm…

Ohio Rev. Code Ann. § 2117.05 Compromise and settlement of claims

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On the application of an executor or administrator for authority to compromise and settle a claim in favor of or against a decedent's estate, the probate court, upon hearing on such application and after reasonable notice has been given to all persons who would be adversely affec…

Ohio Rev. Code Ann. § 2117.06 Presentation and allowance of creditor's claims - pending action against decedent

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(A) All creditors having claims against an estate, including claims arising out of contract, out of tort, on cognovit notes, or on judgments, whether due or not due, secured or unsecured, liquidated or unliquidated, shall present their claims in one of the following manners: (1) …

Ohio Rev. Code Ann. § 2117.061 Notice of receipt of medicaid benefits to administrator of estate recovery program

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(A) As used in this section: (1) "Medicaid estate recovery program" means the program instituted under section 5162.21 of the Revised Code.(2) "Person responsible for the estate" means the executor, administrator, commissioner, or person who filed pursuant to section 2113.03 of t…

Ohio Rev. Code Ann. § 2117.07 Acceleration of bar against claims of potential claimants

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An executor or administrator may accelerate the bar against claims against the estate established by section 2117.06 of the Revised Code by giving written notice to a potential claimant that identifies the decedent by name, states the date of the death of the decedent, identifies…

Ohio Rev. Code Ann. § 2117.08 Authentication of claims

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When a claim is presented against the estate of a deceased person, the executor or administrator may require satisfactory written proof in support of it and also the affidavit of the claimant that the claim is justly due, that no payments have been made on the claim, and that the…

Ohio Rev. Code Ann. § 2117.09 Disputed claims

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If an executor or administrator doubts the justice of any claim presented against the estate the executor or administrator represents, the executor or administrator may enter into an agreement in writing with the claimant to refer the matter in controversy to three disinterested …

Ohio Rev. Code Ann. § 2117.10 Failure of lienholder to present claim

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The failure of the holder of a valid lien upon any of the assets of an estate to present the lienholder's claim upon the indebtedness secured by the lien, as provided in this chapter, shall not affect the lien if the same is evidenced by a document admitted to public record, or i…

Ohio Rev. Code Ann. § 2117.11 Rejection of a claim

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An executor or administrator, or a distributee who receives the presentation of a claim as provided in division (A)(2) of section 2117.06 of the Revised Code, shall reject a creditor's claim against the estate by giving the claimant written notice of the disallowance of the claim…

Ohio Rev. Code Ann. § 2117.12 Action on rejected claim barred

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When a claim against an estate has been rejected in whole or in part but not referred to referees, or when a claim has been allowed in whole or in part and thereafter rejected, the claimant must commence an action on the claim, or that part of the claim that was rejected, within …

Ohio Rev. Code Ann. § 2117.13 Claims rejected on requisition of heir, devisee, or creditor

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If a devisee, legatee, heir, creditor, or other interested party files in the probate court a written requisition on the executor or administrator to reject a claim presented for allowance against the estate the executor or administrator represents, whether the claim has been all…

Ohio Rev. Code Ann. § 2117.14 Parties to action on claim rejected on requisition

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The devisee, legatee, heir, creditor, or other interested party filing the requisition referred to in section 2117.13 of the Revised Code, shall be made a party defendant with the executor or administrator to any action on a claim rejected on requisition and have a right to plead…

Ohio Rev. Code Ann. § 2117.15 Payment of debts - report of insolvency

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An executor or administrator may proceed to pay the debts due from the estate in accordance with Chapters 2113. to 2125. of the Revised Code. If it appears at any time that the estate is insolvent, the executor or administrator may report that fact to the court, and apply for any…

Ohio Rev. Code Ann. § 2117.17 Hearing allowing and classifying claims

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(A) The probate court on its own motion may, and on motion of the executor or administrator shall, assign all claims against the estate that have been presented and any other known valid debts of the estate for hearing on a day certain. Upon the assignment, and in no case less th…

Ohio Rev. Code Ann. § 2117.18 Personal property taxes, penalties, and interest

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Taxes, penalties, and interest placed on a duplicate or added by the county auditor or the tax commissioner because of a failure to make a return or because of a false or incomplete return for taxation shall be a debt of a decedent and have the same priority and be paid as other …

Ohio Rev. Code Ann. § 2117.19 No allowance to tax inquisitors

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For the years during which property is required to be listed in the name of an executor or administrator, no percentage or part of any increased tax on such property of an estate, covered by an inventory required by section 2115.02 of the Revised Code, shall be allowed or paid to…

Ohio Rev. Code Ann. § 2117.25 Order in which debts to be paid

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(A) Every executor or administrator shall proceed with diligence to pay the debts of the decedent and shall apply the assets in the following order: (1) Costs and expenses of administration;(2) An amount, not exceeding four thousand dollars, for funeral expenses that are included…

Ohio Rev. Code Ann. § 2117.251 Claim of funeral director arises after death - preneed funeral contracts

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A claim under the bill of a funeral director pursuant to section 2117.25 of the Revised Code arises subsequent to the death of the decedent and is not in satisfaction of a personal obligation of the individual during the individual's lifetime. If a decedent during the decedent's …

Ohio Rev. Code Ann. § 2117.27 Vendor's lien not preferred

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A vendor's lien not disclosed of record shall not, after the death of the vendee, have priority as against general creditors of the deceased.

Ohio Rev. Code Ann. § 2117.28 Debts not due

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Debts not due may, and on demand of the creditor shall, if assets are available therefor, be paid by the executor or administrator according to the class to which they belong. If the debt does not bear interest before maturity, it shall be discounted at the legal rate of interest…

Ohio Rev. Code Ann. § 2117.29 Beneficiary taking subject to mortgage

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When the only debts of an estate remaining unpaid are secured by liens on property of the estate, the devisees, legatees, or heirs entitled to receive such property may be permitted to take the same subject to such liens, if all the lienholders consent and waive recourse to all t…

Ohio Rev. Code Ann. § 2117.30 Suits against executor or administrator

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(A) No suit shall be brought against an executor or administrator by a creditor of the decedent or by any other party interested in the estate until after five months from the time of the appointment of the executor or administrator, or the expiration of the further time allowed …

Ohio Rev. Code Ann. § 2117.31 Estate of deceased joint debtor

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When two or more persons are indebted in a joint contract, or upon a judgment founded on the joint contract, and either of them dies, the decedent's estate shall be liable for the debt as if the contract had been joint and several, or as if the judgment had been against the deced…

Ohio Rev. Code Ann. § 2117.33 Claims previously barred

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No law relating to limitation of actions against a new administrator shall revive a claim which is barred, during the continuance in office of the original executor or administrator, or of a former administrator de bonis non.

Ohio Rev. Code Ann. § 2117.34 Execution - limitations

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No execution against the assets of an estate shall issue upon a judgment against an executor or administrator unless upon the order of the probate court that appointed the executor or administrator. If an account has been rendered by the executor or administrator and settled by t…

Ohio Rev. Code Ann. § 2117.35 Executions against executor or administrator

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All executions against executors and administrators for debts due from the deceased shall run against the assets of the estate of the deceased in the possession or under the control of the executors and administrators.

Ohio Rev. Code Ann. § 2117.36 Real property not liable for debts

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No real property of a deceased person that has been aliened or encumbered by the decedent's heirs prior to the issuing of letters testamentary or of administration shall be liable while in the possession or under the control of a bona fide purchaser for value or to the prejudice …

Ohio Rev. Code Ann. § 2117.37 Presentation of contingent claims

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If a claim is contingent at the time of a decedent's death and a cause of action subsequently accrues on the claim, it shall be presented to the executor or administrator, in the same manner as other claims, before the expiration of six months after the date of death of the deced…

Ohio Rev. Code Ann. § 2117.38 Assets from which payment to be made

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If an executor or administrator has made a partial distribution of the assets of the estate at the time a claim is presented under section 2117.37 of the Revised Code, and if the claim is allowed or after rejection is found to be due from the estate, but the assets remaining in t…

Ohio Rev. Code Ann. § 2117.39 Contingent claims not to be presented

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If at the time a cause of action accrues on a contingent claim against a decedent's estate, or if within two months thereafter an account of final distribution has been filed, no claim need be presented to the executor or administrator and the claimant may proceed by civil action…

Ohio Rev. Code Ann. § 2117.40 Estate of deceased in the hands of heirs

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If a cause of action on a contingent claim accrues after the settlement of an estate or at such time that a claim thereon does not have to be presented to the executor or administrator, or if a contingent claim is presented to the executor or administrator as provided by section …

Ohio Rev. Code Ann. § 2117.41 Payment of contingent claims after settlement of estate

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A claimant whose cause of action accrues as provided in section 2117.37 of the Revised Code may bring suit to recover on the claim against the heirs, next of kin, surviving spouse as next of kin, devisees, and legatees under the decedent's will, each of whom shall be liable to th…

Ohio Rev. Code Ann. § 2117.42 Creditors may proceed against all in one action

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If, in the cases specified in section 2117.41 of the Revised Code, more than one person is liable for the debt, the creditor shall proceed by one action to recover the debt against all so liable, or as many of them who are within the reach of process. By the verdict of a jury if …

Ohio Rev. Code Ann. § 2119.01 Trustee for absentee

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When a person owning property in this state has disappeared and has not been heard from, after diligent inquiry and for at least three months, under circumstances that afford reasonable ground to believe that the person is dead, cannot return, or refuses to return to the person's…

Ohio Rev. Code Ann. § 2119.02 Notice

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The probate court, before appointing a trustee for an absentee, shall cause notice of the filing of the application under section 2119.01 of the Revised Code and of the time and place of hearing on the application to be published once a week for four consecutive weeks in a newspa…

Ohio Rev. Code Ann. § 2119.03 Powers of trustee

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(A) The trustee appointed under section 2119.01 of the Revised Code may proceed without order of the probate court to do the following: (1) Take possession of the property of the absentee wherever situated within the state;(2) Collect all debts due to the absentee;(3) Retain and …