reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2117 | Presentment of Claims Against Estate › Section 2117.37 | Presentation of Contingent Claims.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 decedent, or before the expiration of two months after the cause of action accrues, whichever is later, except as provided in section 2117.39 of the Revised Code. The executor or administrator shall allow or reject the claim in the same manner as other claims are allowed or rejected. If the claim is allowed, the executor or administrator shall proceed to pay it. If the claim is rejected, the claimant shall commence an action on the claim within two months after the rejection or be forever barred from maintaining an action on the claim.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2117 | Presentment of Claims Against Estate › Section 2117.38 | Assets From Which Payment to Be Made.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 the possession of the executor or administrator are insufficient to pay the claim in full, the assets remaining shall first be exhausted before proceeding to recover against the distributees of the assets of the estate. If a contingent claim is allowed or if after rejection it is found to be due from the estate, the creditor may bring an action thereon to recover from the distributees of the decedent's estate as provided in sections 2117.41 and 2117.42, inclusive, of the Revised Code, within two months after the final payment on account thereof by the executor or administrator, if such recovery is necessary for the payment of the claim in full.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2117 | Presentment of Claims Against Estate › Section 2117.39 | Contingent Claims Not to Be Presented.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 against the distributees of the decedent's estate as provided in sections 2117.41 and 2117.42 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2117 | Presentment of Claims Against Estate › Section 2117.40 | Estate of Deceased in the Hands of Heirs.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 2117.37 of the Revised Code, but the assets of the estate are insufficient for payment of the claim in full, then the heirs, next of kin, surviving spouse as next of kin, devisees, and legatees shall be liable for the payment of such claim or the unpaid balance thereof in an action in the court of common pleas as provided in sections 2117.41 and 2117.42 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2117 | Presentment of Claims Against Estate › Section 2117.41 | Payment of Contingent Claims After Settlement of Estate.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 the claimant in an amount not exceeding the value of the real and personal property that the person received under the will or on distribution of the estate. If, by the will of the deceased, any part of the estate or any one or more of the devisees and legatees is made exclusively liable for the debt, in exoneration of the residue of the estate or of the other devisees or legatees, the terms of the will shall be complied with in that respect and the persons and estate so exempt by the will shall be liable for only so much of the debt that cannot be recovered from those first chargeable with the debt.
No suit shall be maintained under this section unless commenced within six months next after the time when the cause of action first accrues, except in case the suit is for the balance due after a payment by the executor or administrator, in which case suit shall be brought within two months after the final payment by the executor or administrator. If the person entitled to bring the suit is under legal disability, the person may bring the action within one year after the person's disability is removed.
If any of those heirs, next of kin, surviving spouse as next of kin, devisees, or legatees dies without having paid the person's just proportion of the debt, the executors or administrators of that deceased person's estate shall be liable for that proportion to the extent the deceased person would have been if living.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2117 | Presentment of Claims Against Estate › Section 2117.42 | Creditors May Proceed Against All in One Action.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 either party requires it, the court shall determine what sum is due to the plaintiff. The jury also, according to the equities of the case, shall decide how much each of the defendants is liable to pay toward the satisfaction of the debt and the court shall render judgment accordingly.
No suit shall be dismissed or debarred for not making all the persons defendants who might have been included as defendants. In any stage of the cause the court may award process to bring in other parties and allow amendments necessary to charge them, as defendants, upon the terms that it considers reasonable.
If any of the persons who were originally liable for the debt is insolvent or unable to pay the person's proportion, or is beyond the reach of process, the others nevertheless shall be liable to the creditor for the whole amount of the debt; except that no one shall be compelled to pay more than the amount received by the person from the decedent's estate.
If, in consequence of insolvency, absence, or other cause, any of the persons liable for the debt fails to pay the person's just proportion to the creditor, the person shall be liable to indemnify all who, by reason of that person's failure, have paid more than their just proportion of the debt, such indemnity to be recovered by all of them jointly or in separate actions, by any one or more of them for their respective parts, at their election.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2119 | Trustee for Absentee › Section 2119.01 | Trustee for Absentee.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 home, and the person's estate requires attention, supervision, and care, or is needed for the maintenance of the person's dependents, the probate court, on application of the spouse or of one of the next of kin, may appoint a trustee to take possession and charge of the property of the person, other than the property with respect to which the person has made provision by written instrument designating an agent or attorney in fact. The application shall be filed in the county in which the person last resided or if the person's last known residence was outside this state, the application may be filed in any county in which that property is situated.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2119 | Trustee for Absentee › Section 2119.02 | Notice.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 newspaper of general circulation in the county and shall cause copies of the notice to be mailed to the spouse and next of kin of the absentee residing within the state, except the applicant, and to the absentee residing at the absentee's last known address. The court may order notice to be given to any other persons in the manner that it considers best.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2119 | Trustee for Absentee › Section 2119.03 | Powers of Trustee.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(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 invest the estate in accordance with Chapters 2113. to 2125. of the Revised Code.
(B) The trustee may pay that part or all of the income or principal of the estate as the court, from time to time, may direct for the maintenance and support of the absentee's dependents and, under the order of the court, may bring and defend suits on behalf of the absentee, compromise claims in favor of and against the absentee, and pay any debts of the absentee that the court finds necessary for the protection of the absentee's dependents, including insurance premiums, orders for an award of spousal support, and other obligations. The court may make any other orders that it considers proper for the care and custody of the property and its proceeds.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2119 | Trustee for Absentee › Section 2119.04 | Mortgage, Lease, or Sale of Real Property - Sale of Personal Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In order to provide money for the payments authorized by section 2119.03 of the Revised Code, proceedings may be had for the mortgaging, leasing, or sale of the real property of an absentee in the same manner as provided by sections 2127.01 to 2127.43 of the Revised Code for sales of real property by executors and administrators. The probate court, upon notice to the spouse and any other persons and in the manner that the court directs, may order all or any part of the personal property to be sold.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2119 | Trustee for Absentee › Section 2119.05 | Termination of Trust - Final Account.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If at any time the absentee returns and makes application to the probate court for the termination of the trust established under section 2119.01 of the Revised Code, the court shall, on notice to the trustee and other interested parties, order the trustee to file a final account and on settlement of the account shall terminate the trust and order all remaining property returned. If an executor, administrator, or guardian is appointed for the estate of the absentee, the court shall order the trustee to file a final account and on settlement of the account shall terminate the trust and order all of the property remaining in the possession or under the control of the trustee to be delivered to the fiduciary entitled to the property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2121 | Presumed Decedents' Law › Section 2121.01 | Presumption of Death.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) Except as provided in division (B) of this section, a presumption of the death of a person arises upon either of the following:
(1) When the person has disappeared and been continuously absent from the person's place of last domicile for a five-year period without being heard from during the period;
(2) When the person has disappeared and been continuously absent from the person's place of last domicile without being heard from and was at the beginning of the person's absence exposed to a specific peril of death, even though the absence has continued for less than a five-year period.
(B) When a person who is on active duty in the armed services of the United States has been officially determined to be absent in a status of "missing" or "missing in action," a presumption of death arises when the head of the federal department concerned has made a finding of death pursuant to the "Federal Missing Persons Act," 80 Stat. 625 (1966), 37 U.S.C.A. 551, as amended and hereafter amended.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2121 | Presumed Decedents' Law › Section 2121.03 | Probate Court Hearing.

Effective:
September 30, 1974
Latest Legislation:
Senate Bill 349 - 110th General Assembly
At the hearing the probate court shall hear such legally admissible evidence as is offered for the purpose of ascertaining whether the presumption of death is established. No person shall be disqualified to testify by reason of relationship as husband or wife to the presumed decedent, or by reason an interest in the presumed decedent's property, or because of a right or interest under the terms of a contract, beneficiary designation, trust, or otherwise, arising by reason of the death of the presumed decedent.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2121 | Presumed Decedents' Law › Section 2121.04 | Date of Decree - Marriage Dissolved.

Effective:
September 30, 1974
Latest Legislation:
Senate Bill 349 - 110th General Assembly
(A) If satisfied that a presumption of death has been established, as provided in section 2121.01 of the Revised Code, the probate court shall so decree.
(B) The death of such presumed decedent shall for all purposes under the law of this state be regarded as having occurred as of the date of such decree.
(C) If the presumed decedent is married on the date of the decree, the presumed decedent's marriage is dissolved by the decree. No subsequent vacation of the decree, as provided in section 2121.08 of the Revised Code, shall affect the dissolution of the marriage.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2121 | Presumed Decedents' Law › Section 2121.06 | Descent of Real Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Upon the signing of the decree establishing the death of the presumed decedent, the real property of the presumed decedent passes and devolves as in the case of actual death, and the persons entitled by will, or under Chapter 2105. of the Revised Code, may enter and take possession. Persons taking the real property may sell or mortgage it and the purchaser or mortgagee takes a good title, free and discharged of any interest or claim of the presumed decedent. The persons taking the real property shall not sell, convey, or mortgage any part of the property within the three-year period specified in section 2121.08 of the Revised Code without first giving bond in an amount to be fixed by the probate court and with sureties to be approved by the court. In the discretion of the court the bond may be taken without sureties. The bond shall be conditioned to account for and pay over to the presumed decedent, in case within the three-year period after the decree is entered by the court it is established that the presumed decedent is still alive, the value of the real property sold or conveyed, or in the case of the making of a mortgage, to pay the amount of the mortgage and interest on the mortgage, or in case of a foreclosure of that mortgage, to account for and pay over the value of the real property mortgaged.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2121 | Presumed Decedents' Law › Section 2121.07 | Bond Required for Distribution of Estate.

Effective:
September 30, 1974
Latest Legislation:
Senate Bill 349 - 110th General Assembly
(A) Before any distribution of personal property is made from the estate of a presumed decedent, the persons entitled to receive such property may in the discretion of the court and as a condition of distribution be required to give bond in the form and amount, with or without sureties, as the court orders, with the condition that if within a three-year period after the decree is entered by the court it is established that the presumed decedent is alive, the distributee will upon subsequent order of the court refund or return the property to the presumed decedent, or the fair market value of property if the same shall have been sold or otherwise disposed of in the interim.
(B) Nothing in this section shall preclude a distributee from selling, encumbering, or otherwise disposing of any property so distributed and any purchaser, transferee, or mortgagee acquires good title to such property free and clear of any claim of the presumed decedent.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2121 | Presumed Decedents' Law › Section 2121.09 | Substituting Presumed Decedent as Plaintiff or Defendant.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
After vacation of the decree of the presumption of death has been established, as provided by section 2121.08 of the Revised Code, the person erroneously presumed to be dead, on motion filed of record stating the facts, may be substituted as plaintiff or petitioner in all actions or proceedings brought by the executor or administrator, whether prosecuted to judgment or decree or otherwise. That person, in all actions or proceedings previously brought against the executor or administrator, may be substituted as defendant or respondent, on motion filed by the person or on the person's behalf, but shall not be compelled to go to trial in less than three months from the time of filing of the motion. Judgments or decrees recovered against the executor or administrator, before the vacation of the decree, may be opened on application made by the person erroneously presumed to be dead within three months after the vacating of the decree, provided it is supported by an affidavit alleging the existence of facts that would be a valid defense. If the application is not made within the three months or is made but the supporting alleged facts are adjudged an insufficient defense, the judgment or decree is conclusive to all intents, saving the defendant's right to review as in other cases on appeal.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2123 | Determination of Heirship › Section 2123.01 | When Proceedings to Determine Heirship May Be Had.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever property passes by the laws of intestate succession, or under a will to a beneficiary not named in such will, proceedings may be had in the probate court to determine the persons entitled to such property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2123 | Determination of Heirship › Section 2123.02 | Petition - Defendants.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In a situation described in section 2123.01 of the Revised Code, the executor or administrator may file in the probate court of the county where the estate is being administered a complaint signed by the executor or administrator or the executor's or administrator's attorney, which complaint shall be verified. The surviving spouse and the legatees and devisees, or the heirs and distributees of the decedent, including those whose names are unknown, shall be made parties defendant. The complaint shall contain a concise statement of the pertinent facts and shall conclude with a prayer, for the determination of the heirs and distributees of the decedent or of the devisees or legatees not named in the will and their respective interests in the estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2123 | Determination of Heirship › Section 2123.03 | Service of Summons.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Upon the filing of the complaint mentioned in section 2123.02 of the Revised Code, the same proceedings, pleadings, and rule days as in civil actions in the court of common pleas shall apply. All parties defendant who are known to be residents of the state and whose places of residence are known shall be served with summons, as provided for the service of summons in civil actions in that court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2123 | Determination of Heirship › Section 2123.04 | Service by Publication.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In a proceeding to determine heirship, nonresident defendants and defendants whose names or places of residence are unknown shall be served by publication as in civil actions in the court of common pleas.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2123 | Determination of Heirship › Section 2123.05 | Finding and Order.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
At the time assigned for the hearing of a proceeding set forth under section 2123.01 of the Revised Code, or at any time to which the hearing may be adjourned, the probate court may hear proof taken by commission, or by witnesses produced in open court, of the facts set forth in the complaint, and shall, if satisfied from the evidence, find and adjudge who are or were the heirs or next of kin of the decedent, and entitled by the laws of this state to inherit the estate of the deceased, or the devisees or legatees named or unnamed in the will. The finding and adjudication shall be entered on the journal of the court, which entry, or a certified copy of the entry, shall be primafacie evidence of the facts found.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2123 | Determination of Heirship › Section 2123.06 | Other Persons May Ask for Determination.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Whenever it is necessary for any person other than an executor or administrator to determine who are or were the heirs at law of a deceased person, on the complaint of any interested party and proceedings similar to those set forth in sections 2123.01 to 2123.05 of the Revised Code, the probate court may make a determination of who are or were the heirs at law of the deceased person.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2123 | Determination of Heirship › Section 2123.07 | Effect of Determination.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Any fiduciary may make a final distribution of an estate or take any other appropriate action respecting a trust, upon the determination set forth in section 2123.05 of the Revised Code, and shall thereupon, together with the surety, be discharged from liability arising from such determined interest, and the title to any property thereupon purchased from such fiduciary shall be free from such determined interest.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2125 | Action for Wrongful Death › Section 2125.01 | Action for Wrongful Death.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
When the death of a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person injured and although the death was caused under circumstances which make it aggravated murder, murder, or manslaughter. When the action is against such administrator or executor, the damages recovered shall be a valid claim against the estate of such deceased person. No action for the wrongful death of a person may be maintained against the owner or lessee of the real property upon which the death occurred if the cause of the death was the violent unprovoked act of a party other than the owner, lessee, or a person under the control of the owner or lessee, unless the acts or omissions of the owner, lessee, or person under the control of the owner or lessee constitute gross negligence.
When death is caused by a wrongful act, neglect, or default in another state or foreign country, for which a right to maintain an action and recover damages is given by a statute of such other state or foreign country, such right of action may be enforced in this state. Every such action shall be commenced within the time prescribed for the commencement of such actions by the statute of such other state or foreign country.
The same remedy shall apply to any such cause of action now existing and to any such action commenced before January 1, 1932, or attempted to be commenced in proper time and now appearing on the files of any court within this state, and no prior law of this state shall prevent the maintenance of such cause of action.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2125 | Action for Wrongful Death › Section 2125.03 | Distribution to Beneficiaries.

Effective:
April 4, 2023
Latest Legislation:
House Bill 279 - 134th General Assembly
(A)(1) The amount received by a personal representative in an action for wrongful death under sections 2125.01 and 2125.02 of the Revised Code, whether by settlement or otherwise, shall be distributed to the beneficiaries or any one or more of them. The court that appointed the personal representative, except when all of the beneficiaries are on an equal degree of consanguinity to the deceased person, shall adjust the share of each beneficiary in a manner that is equitable, having due regard for the injury and loss to each beneficiary resulting from the death and for the age and condition of the beneficiaries. If all of the beneficiaries are on an equal degree of consanguinity to the deceased person, the beneficiaries may adjust the share of each beneficiary among themselves. If the beneficiaries do not adjust their shares among themselves, the court shall adjust the share of each beneficiary in the same manner as the court adjusts the shares of beneficiaries who are not on an equal degree of consanguinity to the deceased person.
(2) The court may create a trust for any beneficiary who is under twenty-five years of age by ordering that the portion of the amount received by the personal representative for that beneficiary be deposited in trust for the benefit of that beneficiary, until the beneficiary reaches twenty-five years of age, and order the distribution of the amount in accordance with the provisions of the trust. Prior to appointment as a trustee of a trust created pursuant to this section, the person to be appointed shall be approved by each adult beneficiary and by the guardian of each minor beneficiary of the trust.
(3) The personal representative shall not distribute any amount received in an action for wrongful death under sections 2125.01 and 2125.02 of the Revised Code to any person in relation to whom the court has entered an order pursuant to division (G)(2) of section 2125.02 of the Revised Code.
(B) The court shall distribute the amount of funeral and burial expenses awarded, or received by settlement, by reason of the death to the personal representative of the decedent, to be expended by the personal representative for the payment, or as reimbursement for the payment, of the expenses.
Last updated January 26, 2023 at 11:32 AM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2125 | Action for Wrongful Death › Section 2125.04 | New Action.

Effective:
April 4, 2023
Latest Legislation:
House Bill 279 - 134th General Assembly
In every civil action for wrongful death that is commenced or attempted to be commenced within the time specified by division (F)(1) or (F)(2)(c), (d), (e), (f), or (g) of section 2125.02 of the Revised Code, if a judgment for the plaintiff is reversed or the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the personal representative of the plaintiff may commence a new civil action for wrongful death within one year after the date of the reversal of the judgment or the plaintiff's failure otherwise than upon the merits or within the period specified by any of those divisions, whichever occurs later.
Last updated January 26, 2023 at 11:33 AM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.01 | Sale of Lands by Executors and Administrators.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All proceedings for the sale of lands by executors, administrators, and guardians shall be in accordance with section 2127.01 to 2127.43, inclusive, of the Revised Code, except where the executor has testamentary power of sale, and in that case the executor may proceed under such sections or under the will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.011 | Disposition of Real Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) In addition to the other methods provided by law or in the will and unless expressly prohibited by the will, an executor or administrator may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real property belonging to the estate at any time at prices and upon terms that are consistent with this section and may execute and deliver deeds and other instruments of conveyance if all of the following conditions are met:
(1) The surviving spouse, all of the legatees and devisees in the case of testacy, and all of the heirs in the case of intestacy, give written consent to a power of sale for a particular parcel of real property or to a power of sale for all the real property belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate court.
(2) Any sale under a power of sale authorized pursuant to this section shall be made at a price of at least eighty per cent of the appraised value, as set forth in an approved inventory.
(3) No power of sale provided for in this section is effective if the surviving spouse or any legatee, devisee, or heir is a minor. No person may give the consent of the minor that is required by this section.
(B) A surviving spouse who is the executor or administrator may sell real property to self pursuant to this section.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.012 | Disposal of Real Estate.

Effective:
April 6, 2017
Latest Legislation:
House Bill 432 - 131st General Assembly
(A) In addition to the other methods provided by law, a guardian of the estate may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real estate belonging to the estate at any time, at prices, and upon terms that are consistent with this section, and may execute and deliver deeds and other instruments of conveyance if all of the following conditions are met:
(1) The ward's spouse and all persons entitled to the next estate of inheritance from the ward in the real property give written consent to a power of sale for a particular parcel of real estate or to a power of sale for all the real estate belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate court.
(2) Any sale under a power of sale authorized under this section shall be made at a price of at least eighty per cent of the appraised value, as set forth in an approved inventory, if the real estate was appraised within two years prior to the filing of the consents. If the value of the real estate in an approved inventory was not determined by an appraisement, or the appraisement was completed more than two years prior to the filing of the consents, the real estate shall be appraised and a sale shall be made at a price of at least eighty per cent of the appraised value.
(3) No power of sale provided for in this section is effective if the ward's spouse or any next of kin is a minor. No person may give the consent of the minor that is required by this section.
(4) Upon filing the consents under this section, the guardian shall execute such bond or additional bond 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 guardian, and the distribution to be made of the proceeds arising from the sale.
(B) A ward's spouse who is the guardian of the estate may sell real estate to self pursuant to this section.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.02 | Payment of Debts.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
As soon as an executor or administrator ascertains that the personal property in the possession or under the control of the executor or administrator is insufficient to pay all the debts of the decedent, together with 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, and the costs of administering the estate, the executor or administrator shall commence a civil action in the probate court for authority to sell the decedent's real property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.03 | Payment of Legacies.

Effective:
May 31, 1990
Latest Legislation:
House Bill 346 - 118th General Assembly
When by operation of law or the provisions of a will, a legacy is effectual to charge real property, and the personal property is insufficient to pay the legacy, together with all the debts, the allowance to the surviving spouse, minor children, or surviving spouse and minor children as provided in section 2106.13 of the Revised Code, and the costs of administering the estate, the executor, administrator, or administrator with the will annexed shall commence a civil action in the probate court for authority to sell the real property so charged.
If the executor, administrator, or administrator with the will annexed fails to commence the action mentioned in this section or section 2127.02 of the Revised Code, the probate court in which letters testamentary have been granted, upon its own motion or upon motion by a creditor or legatee, shall order the executor, administrator, or administrator with the will annexed to commence such an action, and proceed in the manner prescribed in this chapter.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.05 | Guardian May Sell.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
Whenever necessary for the education, support, or the payment of the just debts of the ward, or for the discharge of liens on the real property of the ward, whenever the real property of the ward is suffering unavoidable waste, or a better investment of its value can be made, or whenever it appears that a sale of the real property will be for the benefit of the ward or the ward's children, the guardian of the person and estate or of the estate only of a minor,incompetent adult, or other person under disability may commence a civil action in the probate court for authority to sell all or any part of the real property of the ward. If it appears to the advantage of the ward to lay out all or any part of the real property in town lots, application for that authority may also be made in the action.
When the same person is guardian for two or more wards whose real property is owned by them jointly or in common, the actions may be joined, and in one complaint the guardian may ask for the sale of the interest of all or any number of the guardian's wards in the real property. If different persons are guardians of wards interested jointly or in common in the same real property, they may join as parties plaintiff in the same action. On the hearing, in either case, the court may authorize the sale of the interest of one or more of the wards.
Last updated March 14, 2023 at 10:44 AM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.06 | Successor Fiduciary Shall Complete Sale Proceedings.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If the fiduciary who brings an action under section 2127.01 to 2127.43 of the Revised Code dies, resigns, or is removed, or the fiduciary's powers cease at any time before the real property sold is conveyed, a successor fiduciary may be substituted as a party to the action and may convey real property, whether sold before or after the successor fiduciary's appointment. The successor fiduciary may also be required to give an additional bond.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.07 | Real Property Subject to Sale.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Any interest in real property, whether legal or equitable, that the deceased had a right to sell or dispose of at the time of the deceased's death, or of which the ward was seized at the time the action was brought, including coal, iron ore, limestone, fireclay, or other mineral upon or under the real property, or the right to mine them, may be sold by an executor, administrator, or guardian under sections 2127.01 to 2127.43 of the Revised Code. This section does not give an executor or administrator with the will annexed authority to sell real property for the payment of legacies, other than as charged by the testator or by operation of law. This section does not give a guardian authority to sell an equitable estate in real property placed by deed of trust, beyond the power of the ward to sell, convey, or assign.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.08 | Fractional Interests - Sale of Entire Interest.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When the interest of a decedent or ward in real property is fractional and undivided, the action for authority to sell the real property shall include only the undivided fractional interest, except that the executor, administrator, or guardian, the owner of any other fractional interest, or any lien holder may, by pleading filed in the cause setting forth all interests in the property and liens on the property, require that the action include the entire interest in the property, and the owner of the interests and liens shall receive the owner's respective share of the proceeds of sale after payment has been made of the expenses of sale including reasonable attorney fees for services in the case. Those fees shall be paid to the plaintiff's attorney unless the court awards some part of the fees to other counsel for services in the case for the common benefit of all the parties, having regard to the interest of the parties, the benefit each may derive from the sale, and the equities of the case. The fees of the executor, administrator, or guardian shall be a charge only against the portion of the proceeds of sale that represents the interests of the decedent or ward.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.09 | Venue.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
An action by an executor, administrator, or guardian to obtain authority to sell real property shall be brought in the county in which the executor, administrator, or guardian was appointed or in which the real property subject to sale or any part of the property is situated. If the action is brought in a county other than that in which the real property or a part of the property is situated, a certified transcript of the record of all proceedings had in that county shall be filed with and recorded by the probate court of each county in which the real property or any part of the property is situated.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.10 | Action to Sell Real Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
An action to obtain authority to sell real property shall be commenced by the executor, administrator, or guardian by filing a complaint with the probate court.
The complaint shall contain a description of the real property proposed to be sold and its value, as near as can be ascertained, a statement of the nature of the interest of the decedent or ward in the real property, a recital of all mortgages and liens upon and adverse interests in the real property, the facts showing the reason or necessity for the sale, and any additional facts necessary to constitute the cause of action under the section of the Revised Code on which the action is predicated.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.11 | Summary Proceeding if Value of Land Less Than $3,000.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When the actual market value of a decedent's or ward's real property to be sold is less than three thousand dollars, and the court so finds, it may by summary order authorize the sale and conveyance of the real property at private sale, on the terms that it considers proper, and in that proceeding, all requirements of sections 2127.01 to 2127.43 of the Revised Code, as to service of summons, appraisal, and additional bond, shall be waived.
Last updated April 7, 2022 at 2:35 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.12 | Necessary Parties in Sale by Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In an action by an executor or administrator to obtain authority to sell real property, the following persons shall be made parties defendant:
(A) The surviving spouse;
(B) The heirs, devisees, or persons entitled to the next estate of inheritance from the decedent in the real property and having an interest in it, but their spouses need not be made parties defendant;
(C) All mortgagees and other lienholders whose claims affect the real property or any part of it;
(D) If the interest subject to sale is equitable, all persons holding legal title to the interest or any part of it, and those who are entitled to the purchase money for it, other than creditors;
(E) If a fraudulent transfer is sought to be set aside, all persons holding or claiming under the transfer;
(F) All other persons having an interest in the real property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.13 | Necessary Parties in Sale by Guardian.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In an action by a guardian to obtain authority to sell the real property of the guardian's ward the following persons shall be made parties defendant:
(A) The ward;
(B) The spouse of the ward;
(C) All persons entitled to the next estate of inheritance from the ward in the real property who are known to reside in Ohio, but their spouses need not be made parties defendant;
(D) All lienholders whose claims affect the real property or any part of the property;
(E) If the interest subject to the sale is equitable, all persons holding legal title to the real property or any part of the property;
(F) All other persons having an interest in the real property, other than creditors.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.14 | Service of Summons.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Service of summons, actual or constructive, in an action to sell the real property of a decedent or a ward shall be had as in other civil actions, but if any competent person in interest enters appearance or consents in writing to the sale, service on that person shall not be necessary. If all parties consent in writing to the sale, an order for the sale may issue forthwith.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.15 | Pleadings and Procedure.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
All pleadings and proceedings in an action to obtain authority to sell the real property of a decedent or a ward in the probate court shall be the same as in other civil actions, except as otherwise provided in sections 2127.01 to 2127.43 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.16 | Sale to Be Free of Dower.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In a sale of real property by an executor, administrator, or guardian, the real property shall be sold free of all right and expectancy of dower in the property, but out of the proceeds of the sale, in lieu of dower, the court shall allow to the person having any dower interest in the property a sum in money that is the just and reasonable value of the dower, unless the answer of the person waives that allowance.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2127 | Sale of Lands › Section 2127.17 | Costs When There Are Objections to Granting Order for Sale.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In an action to obtain authority to sell real property, if a party in the party's answer objects to an order for the sale of real property by an executor, administrator, or guardian, and on hearing it appears to the court that either the complaint or the objection is unreasonable, it may award costs to the party prevailing on that issue.