reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.18 | Equities and Priorities.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Upon the hearing of an action to obtain authority to sell real property by an executor, administrator, or guardian, if satisfied that all necessary parties defendant are properly before the court, and that the demand for relief ought to be granted, the court may determine the equities among the parties and the priorities of lien of the several lien holders on the real property, and order a distribution of the money arising from the sale in accordance with its determination. The court may in the same cause order contributions among all parties in interest.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.19 | Release of Liens.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When an action to obtain authority to sell real property is determined by the probate court, the probate judge shall make the necessary order for an entry of release and satisfaction of all mortgages and other liens upon the real property except the mortgage that is assumed by the purchaser. The executor, administrator, or guardian shall enter the release and satisfaction, together with a memorandum of the title of the case, the character of the proceedings, and the volume and page of record where recorded, upon the record of the mortgage, judgment, or other lien in the office where it appears as matter of record. If the executor, administrator, or guardian fails to enter the release and satisfaction, the court, on the application of an interested party, may enter the release and satisfaction and tax in the executor's, administrator's, or guardian's cost bill the fee provided by law for entering the release and satisfaction, and a fee of twenty-five cents to the court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.20 | Sale Subject to Mortgage.

Effective:
October 5, 1961
Latest Legislation:
Senate Bill 3 - 104th General Assembly
The probate court, with the consent of the mortgagee, may authorize the sale of lands subject to mortgage, but the giving of any such consent shall release the estate of the decedent or ward should a deficit later appear.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.21 | Complaint of Guardian to Have Land Laid Out in Town Lots.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a guardian's complaint in an action to obtain authority to sell real property seeks to have real property laid out in town lots, and the court finds it to the advantage of the ward, it shall authorize the survey and platting of the real property as provided by law. Upon subsequent return of the survey and plat, the court, if it approves it, shall authorize the guardian on behalf of the guardian's ward to sign, seal, and acknowledge the plat in that behalf for record.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.22 | Appraisement May Be Dispensed With - New Appraisement - Appraisers.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If an appraisement of the real property is contained in the inventory required of an executor or administrator by section 2115.02 of the Revised Code, and of a guardian by section 2111.14 of the Revised Code, the probate court may order a sale in accordance with the appraisement, or order a new appraisement. If a new appraisement is not ordered, the value set forth in the inventory shall be the appraised value of the real property. If the court orders a new appraisement, the value returned shall be the appraised value of the real property.
If the interest of the deceased or ward in the real property is fractional and undivided, and if a party requests and the court orders the entire interest in the real property to be sold, a new appraisement of the entire interest in the real property shall be ordered.
If the relief requested is granted and new appraisement is ordered, the court shall appoint one, or on request of the executor, administrator, or guardian, not exceeding three judicious and disinterested persons of the vicinity, not next of kin of the complainant, to appraise the real property in whole and in parcels at its true value in money. If the real property lies in two or more counties the court may appoint appraisers in any or all of the counties in which the real property or a part of it is situated.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.23 | Agreement of Appraisers.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The appraisers appointed under section 2127.22 of the Revised Code shall agree to truly and impartially appraise the real property at its fair cash value upon actual view and to perform the duties required of them by the order of the court. The appraisement shall be signed by the appraisers, and the officer to whom it is issued shall make return of it to the court for confirmation.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.24 | Vacancy in Appraisers.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a person appointed by the court under section 2127.22 of the Revised Code as an appraiser fails to discharge the person's duties, the probate judge on the judge's own motion or on the motion of the executor, administrator, or guardian may appoint another appraiser.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.25 | Compensation of Appraisers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Appraisers appointed under section 2127.22 of the Revised Code shall each be paid such compensation as the court thinks proper for services performed by them.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.27 | Additional Bond Before Sale.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Upon the return and approval of the appraisement provided for by section 2127.22 of the Revised Code, the court shall require the executor, administrator, or guardian to execute a bond with two or more personal sureties, or one or more corporate sureties, whose qualifications shall be those provided by section 2109.17 of the Revised Code. The bond shall be payable to the state in an amount that the court considers sufficient, having regard to the amount of real property to be sold, its appraised value, the amount of the original bond given by the executor, administrator, or guardian, and the distribution to be made of the proceeds arising from the sale. The bond shall be conditioned for the faithful discharge of the executor's, administrator's, or guardian's duties and the payment of, and accounting for, all moneys arising from the sale according to law. The bond shall be additional to that given by the executor, administrator, or guardian at the time of appointment. If the court finds the amount of the original bond given by the executor, administrator, or guardian is sufficient, having regard for the amount of real property to be sold, its appraised value, and the distribution to be made of the proceeds arising from the sale, the giving of additional bond may be dispensed with by order of the court. The bond shall be given in the court from which the executor, administrator, or guardian was appointed.
If the action to obtain authority to sell real property is pending in another court, the latter shall proceed no further until there is filed in that court a certificate from the court in which the executor, administrator, or guardian was appointed, under its seal, that the bond has been given or that the original bond is sufficient. This section does not prevent the court in an action to sell real property from ordering the sale of that real property without bond in cases where the testator had provided by the testator's will that the executor need not give bond.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.28 | Expense of Sale.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 certificate or abstract of title or policy of title insurance in connection with the sale of any real property by an executor, administrator, or guardian.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.29 | Order of Sale.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 the interest of all parties concerned. If the complaint alleges that it is necessary to sell part of the real property, and that by the partial sale the residue of the real property, or a specific part of it, would be greatly injured, the court, if it so finds, may order a sale of the whole real property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.30 | Order of Sale When an Equitable Estate Is Included.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 the estate against any claim for purchase money, and for payment of the value of the dower in money, as the court considers equitable, having regard for the rights of all parties in interest.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.31 | Persons Interested May Give Bond to Prevent Sale.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
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 with sureties approved by the probate court, conditioned to pay all debts and legacies found due from the estate, the charges of administration, and the allowance for support to the surviving spouse, minor children, or surviving spouse and minor children of the decedent as provided in section 2106.13 of the Revised Code, insofar as the personal property of the decedent is insufficient. If the bond is not given until after the order of sale is granted, and the executor or administrator in reliance on the bond abates the action, the bond shall be binding upon the obligors, and may be enforced as though given prior to the granting of the order of sale.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.32 | Public or Private Sale.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 the court directs, and the order shall fix the place, day, and hour of sale. If it appears to be more for the interest of the ward or the estate to sell the real property at private sale, the court may authorize the complainant to sell it either in whole or in parcels. If an order for private sale is issued, it shall be returned by the complainant. Upon motion and showing of a person interested in the proceeds of the sale, filed after thirty days from the date of the order, the court may require the complainant to return the order, if the premises have not been sold. Upon return of the order, the court may order the real property to be sold at public sale.
If upon showing of any person interested, the court finds that it will be to the interest of the ward or the estate, it may order a reappraisement and sale in parcels.
If the sale is to be public, the executor, administrator, or guardian shall give notice of the time and place of the sale by advertisement at least three weeks successively in a newspaper published in the county where the real property is situated.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.33 | Price at Which Real Property May Be Sold.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 the appraised value, or if not improved, for less than one half of the appraised value. In private sales if no sale has been effected after one bona fide effort to sell under this section, or if in public sales the real property remains unsold for want of bidders when offered pursuant to advertisement, the court may fix the price for which the real property may be sold or may set aside the appraisement and order a new appraisement. If the new appraisement does not exceed five hundred dollars, and upon the first offer under the new appraisement at public sale there are no bids, then upon the motion of any party interested the court may order the real property to be readvertised and sold at public auction to the highest bidder.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.34 | Terms of Sale.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 executors or administrators, deferred payments shall not exceed two years with interest.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.35 | Confirmation of Sale - Deed.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 been legally made, shall confirm the sale, and order the executor, administrator, or guardian to make a deed to the purchaser.
The deed shall be received in all courts as prima-facie evidence that the executor, administrator, or guardian in all respects observed the direction of the court, and complied with the requirements of the law, shall convey the interest in the real property directed to be sold by the court, and shall vest title to the interest in the purchaser as if conveyed by the deceased in the deceased's lifetime, or by the ward free from disability, and by the owners of the remaining interests in the real property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.36 | Security for Deferred Payments.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 interest at a rate approved by the probate court. If after the sale is made, and before delivery of the deed, the purchaser offers to pay the full amount of the purchase money in cash, the court may order that it be accepted, if for the best interest of the estate or the ward, and direct its distribution.
The court in that order may also direct the sale, without recourse, of any or all of the notes taken for deferred payments, if for the best interest of the estate or the ward, at not less than their face value with accrued interest, and direct the distribution of the proceeds.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.37 | Compensation of Executor, Administrator, or Guardian.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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, the guardian's duties and obligations in the action shall be considered by the court appointing the guardian in awarding the compensation that the court considers reasonable.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.38 | Distribution of Money Received From Sale of Real Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The sale price of real property sold following an action by an executor, administrator, or guardian shall be applied and distributed as follows:
(A) To discharge the costs and expenses of the sale, including reasonable fees to be fixed by the probate court for services performed by attorneys for the fiduciary in connection with the sale, and compensation, if any, to the fiduciary for services in connection with the sale as the court may fix, which costs, expenses, fees, and compensation shall be paid prior to any liens upon the real property sold and notwithstanding the purchase of the real property by a lien holder;
(B) To the payment of taxes, interest, penalties, and assessments then due against the real property, and to the payment of mortgages and judgments against the ward or deceased person, according to their respective priorities of lien, so far as they operated as a lien on the real property of the deceased at the time of the sale, or on the estate of the ward at the time of the sale, that shall be apportioned and determined by the court, or on reference to a master, or otherwise;
(C)(1) In the case of an executor or administrator, the remaining proceeds of sale shall be applied as follows:
(a) To the payment of legacies with which the real property of the deceased was charged, if the action is to sell real property to pay legacies;
(b) To discharge the claims and debts of the estate in the order provided by law.
(2) Whether the executor or administrator was appointed in this state or elsewhere, the surplus of the proceeds of sale shall be considered for all purposes as real property, and be disposed of accordingly.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.39 | When Proceeds of Sale Marshaled in Conformity With Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 assets differently from the way the law otherwise would prescribe, those devises, or parts of the will, shall be set forth in the complaint, and a copy of the will exhibited to the court, whereupon the court shall marshal the proceeds of the sale accordingly, so far as it can be done consistently with the rights of creditors.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.40 | Sale by Executor or Administrator of Real Property Fraudulently Transferred by Decedent.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 creditors, except that real property fraudulently transferred cannot be taken from any person who purchased them for a valuable consideration, in good faith, and without knowledge of the fraud. No claim to that real property shall be made unless within four years next after the decease of the grantor.
If real property fraudulently transferred is to be included in that action, the executor or administrator, either before or at the same time, may commence a civil action in the court of common pleas in the county in which the real property is situated to recover possession of it, or, in the action for its sale, the executor or administrator may allege the fraud and have the fraudulent transfer avoided. But when the real property is included in the complaint before the recovery of possession by the executor or administrator, the action shall be brought in the court of common pleas in the county in which the real property is situated.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.41 | Proceeds Arising From Partition of Real Property May Be Reached by the Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 for support of the surviving spouse, minor children, or surviving spouse and minor children as provided in section 2106.13 of the Revised Code, the expenses of administration, and the legacies that are a charge upon the real property, the executor or administrator shall make a written statement to the probate court of the assets, indebtedness, expenses, and legacies, and the court shall ascertain the amount necessary to pay the debts, expenses, and legacies and give a certificate of the amount to the executor or administrator.
The executor or administrator then shall present the certificate to the court in which the proceedings for partition are or have been pending, and, on the motion of the executor or administrator, the court shall order the amount named in the certificate to be paid over to the executor or administrator out of the proceeds of the sale of the premises, if thereafter they are sold or already have been sold. This section does not prohibit an executor or administrator from proceeding to sell real property belonging to the estate for the payment of debts or legacies, although it has been sold on partition or otherwise, or the proceeds of the sale have been fully distributed.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.42 | Sale of Lands of Foreign Wards.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 situated, or if situated in two or more counties, then in one of the counties in which a part of it is situated. Additional security shall be required from the guardians, if considered necessary by the probate court of the county in which the complaints are filed.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.43 | Sale of Real Property by Trustees of Nonresidents.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
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
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.01 | Record of Extracounty and Extrastate Proceedings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.02 | Proceedings by Nonresident Executor or Administrator to Bar Creditor's Claims.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 if no ancillary administration proceedings have been commenced in this state, the person to whom the letters of appointment were granted may file an authenticated copy of them in the probate court of any county of this state in which is located real property of the decedent.
The claim of any creditor of that decedent shall be subject to section 2117.06 of the Revised Code. The person filing those letters in the probate court may accelerate the bar against claims against the estate established by that section, by giving written notice to a potential claimant that identifies the decedent by name, states the date of the death of the decedent, identifies the court, states its mailing address, and informs the potential claimant that any claims the potential claimant may have against the estate are required to be presented to the court within the earlier of thirty days after receipt of the notice by the potential claimant or six months after the date of the death of the decedent. A claim of that potential claimant that is not presented to the court within the earlier of thirty days after receipt of the notice by the potential claimant or six months after the date of the death of the decedent is forever barred as a possible lien upon the real property of the decedent in this state. If, at the expiration of that period, any such claim has been filed and remains unpaid after reasonable notice of the claim to the nonresident executor or administrator, ancillary administration proceedings as to the estate may be had forthwith.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.03 | Delivery of Personal Property and Payment of Debts to Nonresident Executor or Administrator.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
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 has no knowledge of ancillary proceedings being had or having been had in Ohio.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.04 | Ancillary Administration.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 may not be a creditor of the estate. The ancillary administration first granted shall extend to all the estate of the deceased within the state, and shall exclude the jurisdiction of any other court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.05 | Foreign Wills.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
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 property is situated. The authenticated copies, so recorded, shall be as valid as wills made in this state.
When such a will, or authenticated copy, is admitted to record, a copy of the will or of the authenticated copy, with the copy of the order to record it annexed to that copy, certified by the probate judge under the seal of the probate court, may be filed and recorded in the office of the probate judge of any other county where a part of the property is situated, and it shall be as effectual as the authenticated copy of the will would be if approved and admitted to record by the court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.06 | Will Made Outside the United States.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 2129.30, inclusive, of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.07 | Proceedings to Admit Foreign Will to Record.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
(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 county in which there is any estate upon which the will may operate. The court then shall continue the application to admit it to probate for two months. Notice of the filing of the application shall be given to all persons interested in the will, in a public newspaper published in or in general circulation in the county in which the application is made, at least three weeks consecutively. The first publication shall be at least forty days before the time set for the final hearing of the application. If on the final hearing, it appears to the court that the instrument ought to be allowed in this state, it shall order the copy to be filed and recorded. The will, and the probate and record of it, then shall have the same effect as if the will originally had been proved and allowed in that court.
(B) This section does not give effect to the will of an alien different from that which it would have had if originally proved and allowed in this state.
(C) When the copy of the will has been filed and recorded, and when no ancillary administration proceedings have been had or are being had in this state, sections 2106.01 to 2106.08 of the Revised Code, relating to the election of a surviving spouse, shall apply the same as in the case of resident decedents, except that an election under section 2106.01 of the Revised Code shall not be made subject to division (E) of that section, but instead shall be made at any time after the death of a decedent but not later than six months after the recording of the copy of the will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.08 | Appointment of Ancillary Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(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 appointment and of any other records of the court of domiciliary administration that the court requires, the court shall appoint as the ancillary administrator the person named in the will, or nominated in accordance with any power of nomination conferred in the will, as general executor of the decedent's estate or as executor of the portion of the decedent's estate located in this state, provided that the person makes application and qualifies under division (B)(2) of section 2109.21 of the Revised Code and in all other respects as required by law. If the testator in the will naming or providing for the nomination of that executor orders or requests that bond not be given by that executor, bond shall not be required unless, for sufficient reason, the court requires it.
(B) If a nonresident decedent died intestate, or failed to designate in the nonresident decedent's will any person qualified to act as ancillary administrator or to confer in the will a power to nominate a person as an executor as described in division (A) of this section, or if the will of a nonresident decedent conferred that power but no person qualified to act as ancillary administrator was nominated, the court shall appoint in that capacity a suitable person who is a resident of the county including, but not limited to, a creditor of the estate.
(C) An ancillary administrator, acting as to the estate of a testate decedent that is located in this state, may sell and convey the real and personal property by virtue of the will as executors or administrators with the will annexed may do.
(D) No person shall be appointed as an ancillary administrator of the estate of a nonresident presumed decedent that is located in this state, except after Chapter 2121. of the Revised Code, relative to the appointment of an ancillary administrator, has been complied with.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.10 | Procedure.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.11 | No Domiciliary Administration.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.12 | Presentation of Claims.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
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 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.13 | Sale of Real Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 sell as much of the real property of the decedent located in this state that is necessary to pay those debts. The procedure shall be the same as in sales of real property in administration proceedings relating to the estates of resident decedents under sections 2127.01 to 2127.43 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.14 | Sale Requested by Domiciliary Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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, and the court may thereupon authorize the ancillary administrator to sell any part or all of the real property that is necessary. The ancillary administrator shall proceed to sell the real property in the manner provided by section 2129.13 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.15 | Certificate of Assets and Liabilities.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 in this state and all debts and liabilities including estimated expenses of administration. If the name and address of the domiciliary administrator are not known, the certificate shall be forwarded to the next of kin of the deceased whose names and addresses are known and to the court having jurisdiction in estate matters in the county in which the decedent resided at the time of death.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.16 | Property Not to Be Sold.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
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 section 2129.15 of the Revised Code pays to the ancillary administrator a sum sufficient to pay all expenses of administration, pubic rates and charges, and creditors' claims filed in the state, or secures the payment of such sum to the satisfaction of the probate court. The domiciliary administrator or executor, or any other person having an interest in the estate, may likewise prevent the sale of any part of such property by paying, or securing to the satisfaction of the court the payment of, the appraised value of the property withheld from sale.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.17 | Transcript to Be Filed.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.18 | Determination of Heirship.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 entitled to that property in the same manner as in the estates of resident decedents under sections 2123.01 to 2123.07 of the Revised Code. The ancillary administrator shall file a certified copy of the finding in the probate court in every county in this state in which real property of the decedent is located. The administrator shall procure and file in the court for the information of the court a certified copy of any determination of heirship relative to the decedent's estate made in the state of the domiciliary administration.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.19 | Application for Certificate of Transfer.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 administration of the estates of resident decedents under section 2113.61 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.20 | Payments to Ancillary Administrator.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.21 | Bona Fide Purchaser Protected.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.22 | Estate Discharged by Payment.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.23 | Distribution.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 been paid, any residue of the personal property and the proceeds of any real property sold for the payment of debts shall be distributed by the ancillary administrator as follows:
(A) With the approval of the court, the residue may be delivered to the domiciliary administrator or executor.
(B) If the court so orders, the residue shall be delivered to the persons entitled to it.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.24 | Fees.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.25 | Foreign Executor or Administrator May Be Authorized to Sell Real Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 authenticated copy of the foreign executor's or administrator's appointment in the probate court of any county in which there is real property of the deceased, together with an authenticated copy of the will. After filing those copies, the foreign executor or administrator may be authorized, under an order of the court, to sell real property for the payment of debts or legacies and charges of administration, in the manner prescribed in sections 2127.01 to 2127.43 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.26 | Bond.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 account for the proceeds of the sale, for the payment of debts or legacies, and for charges of administration, and an authenticated copy of the bond is filed in court, no further bond for that purpose shall be required of the foreign executor or administrator. If the court finds that the bond is insufficient, before making the sale, the foreign executor or administrator shall give bond to this state with two or more sufficient sureties, conditioned to account for and dispose of the proceeds of the sale for the payment of the debts or legacies of the deceased and the charges of administration according to the laws of the state or country in which the foreign executor or administrator was appointed.
If the foreign executor or administrator is authorized by order of the court to sell more than is necessary for the payment of debts, legacies, and charges of administration, before making the sale, the foreign executor or administrator shall give bond with two or more sufficient sureties to this state, conditioned to account before the court for all the proceeds of the sale that remain and to dispose of the proceeds after payment of the debts, legacies, and charges.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2129 | Ancillary Administration › Section 2129.27 | Trusts Created by Foreign Will.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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.