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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. § 2127.28 Expense of sale
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The probate court may, after notice to all parties in interest, allow a real estate commission in an action to sell real property by an executor, administrator, or guardian, but an allowance shall be passed upon by the court prior to the sale. The court may allow payment for cert…
Ohio Rev. Code Ann. § 2127.29 Order of sale
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When the bond required by section 2127.27 of the Revised Code is filed and approved by the court, it shall order the sale of the real property included in the complaint set forth in section 2127.10 of the Revised Code, or the part of the real property it considers necessary for t…
Ohio Rev. Code Ann. § 2127.30 Order of sale when an equitable estate is included
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If the order of sale set forth in section 2127.29 of the Revised Code includes real property in which the ward or the estate has an equitable interest only, the court may make an order for the appraisement and sale of that equitable estate free from dower, for the indemnity of th…
Ohio Rev. Code Ann. § 2127.31 Persons interested may give bond to prevent sale
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An order to sell the real property of a decedent shall not be granted in an action by an executor or administrator, if, after the action is commenced and before the order of sale is granted, any person interested in the estate gives bond to the executor or administrator in a sum …

Showing 601–650 of 998

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Ohio Rev. Code Ann. § 2127.32 Public or private sale

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The real property included in the court's order of sale, as provided in section 2127.29 of the Revised Code, shall be sold either in whole or in parcels at public auction at the door of the courthouse in the county in which the order of sale was granted, or at another place, as t…

Ohio Rev. Code Ann. § 2127.33 Price at which real property may be sold

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If the sale authorized by a court as provided in section 2127.32 of the Revised Code is private, the real property shall not be sold for less than the appraised value. If the sale is at public auction, the real property if improved shall not be sold for less than two thirds of th…

Ohio Rev. Code Ann. § 2127.34 Terms of sale

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The order for the sale of real property, granted by the probate court in an action by an executor, administrator, or guardian, shall prescribe the terms of the sale, and payment of the purchase money, either in whole or in part, for cash, or on deferred payments. In the sales by …

Ohio Rev. Code Ann. § 2127.35 Confirmation of sale - deed

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An executor, administrator, or guardian shall make return of the executor's, administrator's, or guardian's proceedings under the order for the sale of real property granted by the probate court. The court, after careful examination, if satisfied that the sale has in all respects…

Ohio Rev. Code Ann. § 2127.36 Security for deferred payments

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The order for the sale of real property granted in an action by an executor, administrator, or guardian shall require that before the delivery of the deed the deferred installments of the purchase money be secured by mortgage on the real property sold, and mortgage notes bearing …

Ohio Rev. Code Ann. § 2127.37 Compensation of executor, administrator, or guardian

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If an action to sell real property is prosecuted by an executor or administrator, the executor or administrator shall be allowed the compensation provided by law, by the probate court from which the executor's or administrator's letters issued. If that action is by a guardian, th…

Ohio Rev. Code Ann. § 2127.38 Distribution of money received from sale of real property

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The sale price of real property sold following an action by an executor, administrator, or guardian shall be applied and distributed as follows: (A)(1) To discharge the costs and expenses of the sale, including reasonable fees to be fixed by the probate court for services perform…

Ohio Rev. Code Ann. § 2127.39 When proceeds of sale marshaled in conformity with will

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If an action to sell real property is brought by an executor or administrator with the will annexed, if in the will of the deceased there is a disposition of the decedent's estate for the payment of debts, or a provision that may require or induce the probate court to marshal the…

Ohio Rev. Code Ann. § 2127.40 Sale by executor or administrator of real property fraudulently transferred by decedent

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When an action is brought by an executor or administrator to sell real property to pay debts, the real property subject to sale shall include all rights and interests in real property transferred by the decedent in the decedent's lifetime with intent to defraud the decedent's cre…

Ohio Rev. Code Ann. § 2127.41 Proceeds arising from partition of real property may be reached by the executor or administrator

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If, after the institution of proceedings for the partition of the real property of a decedent, it is found that the assets in the possession or under the control of the executor or administrator probably are insufficient to pay the debts of the estate, together with the allowance…

Ohio Rev. Code Ann. § 2127.42 Sale of lands of foreign wards

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Wards living out of this state and owning real property within it are entitled to the benefit of sections 2127.01 to 2127.43 of the Revised Code. Complaints for the sale of real property by guardians of those wards shall be filed in the county in which the real property is situat…

Ohio Rev. Code Ann. § 2127.43 Sale of real property by trustees of nonresidents

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This chapter extends to an action brought by the trustee of a nonresident minor or person with a mental illness or mental impairment to sell the real property of the ward. Last updated March 10, 2023 at 11:12 AM

Ohio Rev. Code Ann. § 2129.01 Record of extracounty and extrastate proceedings

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The authenticated record of any extracounty or extrastate administration proceedings filed in the probate court shall be admitted to record, docketed, and indexed in the same manner as local administration proceedings.

Ohio Rev. Code Ann. § 2129.02 Proceedings by nonresident executor or administrator to bar creditor's claims

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If letters of administration or letters testamentary have been granted in any state other than this state, in any territory or possession of the United States, or in any foreign country, as to the estate of a deceased resident of that state, territory, possession, or country, and…

Ohio Rev. Code Ann. § 2129.03 Delivery of personal property and payment of debts to nonresident executor or administrator

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The money, debts, and other personal property located in Ohio belonging to a nonresident decedent may be delivered to the nonresident executor or administrator without further liability to the estate, provided the person delivering such money, debts, or other personal property ha…

Ohio Rev. Code Ann. § 2129.04 Ancillary administration

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When a nonresident decedent leaves property in Ohio, ancillary administration proceedings may be had upon application of any interested person in any county in Ohio in which is located property of the decedent, or in which a debtor of such decedent resides. Such applicant may or …

Ohio Rev. Code Ann. § 2129.05 Foreign wills

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Authenticated copies of wills of persons not domiciled in this state, executed and proved according to the laws of any state or territory of the United States, relative to property in this state, may be admitted to record in the probate court of a county where a part of that prop…

Ohio Rev. Code Ann. § 2129.06 Will made outside the United States

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A will executed, proved, and allowed in a country other than the United States and territories thereof, according to the laws of such foreign state or country, may be allowed and admitted to record in this state in the manner and for the purpose mentioned in sections 2129.07 to 2…

Ohio Rev. Code Ann. § 2129.07 Proceedings to admit foreign will to record

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(A) An authenticated copy of a will executed, proved, and allowed in a country other than the United States and territories of the United States, and the probate of that will shall be produced by the executor, or by a person interested in the will, to the probate court of the cou…

Ohio Rev. Code Ann. § 2129.08 Appointment of ancillary administrator

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(A) After an authenticated copy of the will of a nonresident decedent has been allowed and admitted to record as provided in this chapter, and after there has been filed in the probate court a complete exemplification of the record of the grant of the domiciliary letters of appoi…

Ohio Rev. Code Ann. § 2129.10 Procedure

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Except as otherwise provided in this chapter, the procedure in ancillary administration shall be the same as in the administration of the estates of resident decedents.

Ohio Rev. Code Ann. § 2129.11 No domiciliary administration

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If no domiciliary administration has been commenced, the ancillary administrator shall proceed with the administration in this state as though the decedent had been a resident of this state at the time of the decedent's death.

Ohio Rev. Code Ann. § 2129.12 Presentation of claims

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Creditors having claims against the estate of a nonresident decedent shall file them with the ancillary administrator who is appointed in accordance with sections 2109.21 and 2129.08 of the Revised Code, within the time and in the manner provided by sections 2117.06 and 2117.07 o…

Ohio Rev. Code Ann. § 2129.13 Sale of real property

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If an ancillary administrator finds that the personal property of the nonresident decedent in this state is not sufficient to pay the expenses of administration, public rates and taxes, and other valid claims that have been presented, the ancillary administrator shall proceed to …

Ohio Rev. Code Ann. § 2129.14 Sale requested by domiciliary executor or administrator

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A domiciliary executor or administrator of a nonresident decedent may file in the probate court by which the ancillary administrator was appointed information showing that it will be necessary to sell real property of the decedent located in this state to pay debts and legacies, …

Ohio Rev. Code Ann. § 2129.15 Certificate of assets and liabilities

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Within five months after appointment, the ancillary administrator of a nonresident decedent shall forward to the domiciliary administrator, if any, of the decedent, if the name and address of the domiciliary administrator are known, a certificate showing all assets of the estate …

Ohio Rev. Code Ann. § 2129.16 Property not to be sold

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An ancillary administrator shall not sell property of a nonresident decedent if the domiciliary administrator or executor, or any other person having an interest in the estate, within thirty days after the forwarding of the certificate of assets and liabilities required by sectio…

Ohio Rev. Code Ann. § 2129.17 Transcript to be filed

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An ancillary administrator shall file in the probate court of every county in this state in which real property of the nonresident decedent is located a certified copy of the records in the court of the ancillary administrator's appointment that affect the title to that real prop…

Ohio Rev. Code Ann. § 2129.18 Determination of heirship

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Whenever property of a nonresident decedent as to whose estate ancillary administration proceedings are being had in this state passes by the laws of intestate succession or under a will to a beneficiary not named in the will, proceedings may be had to determine the persons entit…

Ohio Rev. Code Ann. § 2129.19 Application for certificate of transfer

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Prior to filing the ancillary administrator's final account, an ancillary administrator shall file in the probate court an application for a certificate of transfer as to the real property of the nonresident decedent situated in this state, in the same manner as in the administra…

Ohio Rev. Code Ann. § 2129.20 Payments to ancillary administrator

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Any person indebted to the estate of a nonresident decedent or holding property belonging thereto may pay such indebtedness or deliver such property to the ancillary administrator when appointed, and shall thereupon be discharged from further liability to said estate.

Ohio Rev. Code Ann. § 2129.21 Bona fide purchaser protected

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The bona fide purchaser of real or personal property sold as provided by law by an ancillary administrator shall take the title free from all obligations of the estate.

Ohio Rev. Code Ann. § 2129.22 Estate discharged by payment

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When an ancillary administrator has paid a claim against the estate of a non-resident decedent, such estate shall be fully discharged of all liability therefor.

Ohio Rev. Code Ann. § 2129.23 Distribution

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When the expense of the ancillary administration of a nonresident decedent's estate, including any attorney's fee that is allowed by the probate court, all public charges and taxes, and all claims of creditors presented as provided in section 2129.12 of the Revised Code, have bee…

Ohio Rev. Code Ann. § 2129.24 Fees

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Probate judges, county recorders, and county auditors shall for services required by sections 2129.01 to 2129.30, inclusive, of the Revised Code, charge and collect the same fees as for similar services in the administration of the estates of resident decedents.

Ohio Rev. Code Ann. § 2129.25 Foreign executor or administrator may be authorized to sell real property

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When an executor or administrator is appointed in any other state, territory, or foreign country for the estate of a person dying out of this state, and no executor or administrator for the estate is appointed in this state, the foreign executor or administrator may file an authe…

Ohio Rev. Code Ann. § 2129.26 Bond

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If it appears to the probate court granting the order of sale set forth in section 2129.25 of the Revised Code that the foreign executor or administrator is bound with sufficient surety in the state or country in which the foreign executor or administrator was appointed to accoun…

Ohio Rev. Code Ann. § 2129.27 Trusts created by foreign will

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Trusts created by a will made out of this state and relating to lands situated herein may be executed as provided in sections 2129.28 to 2129.30, inclusive, of the Revised Code, after the will is admitted to record in this state.

Ohio Rev. Code Ann. § 2129.28 Trustee's bond

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If a trustee is named in a foreign will that creates a trust relating to real property situated in this state, the trustee may execute the trust upon giving bond to the state in the sum and with the sureties that the probate court of the county in which the real property or a par…

Ohio Rev. Code Ann. § 2129.29 Trustee appointed by a foreign court

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If a trustee has been appointed under a foreign will that creates a trust relating to real property situated in this state by a foreign court according to the laws of the foreign jurisdiction, the trustee may execute the trust upon giving bond as provided in section 2129.28 of th…

Ohio Rev. Code Ann. § 2129.30 Probate court may appoint a trustee under a foreign will

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If necessary, the probate court of the county where the property affected by the trust is situated, on application by petition of the parties interested, may appoint a trustee to carry into effect a trust created by a foreign will. The trustee, before entering upon the trust, sha…

Ohio Rev. Code Ann. § 2131.01 Present value determinations

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Present values for probate matters shall be the values determined for Ohio estate tax purposes pursuant to division (B) of section 5731.01 of the Revised Code.

Ohio Rev. Code Ann. § 2131.02 Legal disability defined

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"Legal disability" as used in Chapters 2101., 2103., 2105., 2107., 2109., 2111., 2113., 2115., 2117., 2119., 2121., 2123., 2125., 2127., 2129., and 2131. of the Revised Code includes the following:(A) Persons under the age of eighteen years;(B) Persons of unsound mind;(C) Persons…

Ohio Rev. Code Ann. § 2131.03 Definitions

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As used in sections 2131.03 to 2131.036 of the Revised Code: (A) "Disability" has the same meaning as in the "Americans with Disabilities Act of 1990," 42 U.S.C. 12102; (B) "Supportive services" means any service provided through a program or agency at the federal, state, or loca…

Ohio Rev. Code Ann. § 2131.031 Disability barred as a factor for minor's caretaker

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(A) No court, public children services agency, private child placing agency, or private noncustodial agency shall deny or limit a person from any of the following solely on the basis that the person has a disability: (1) Exercising custody, parenting time, or visitation rights wi…

Ohio Rev. Code Ann. § 2131.032 Determination of whether to implement modifications or supportive services

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(A) A court, public children services agency, private child placing agency, or private noncustodial agency, when determining whether to grant a person with a disability the right to conduct activities or exercise authority as described in division (A) of section 2131.031 of the R…