reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.20 | Will Proved After Administration as of an Intestate.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a will of a deceased is proved and allowed after letters of administration have been granted as of an intestate estate, the first administration shall be revoked, unless before the revocation a complaint contesting the probate of the will is filed in the probate court. If a complaint of that nature is filed, the probate court may allow the administration to be continued by the original administrators until the final determination of the contest. If the will is sustained, the first administration shall be revoked. In either case, upon revocation of the first administration and the appointment of an executor or administrator with the will annexed, that executor or administrator shall be admitted to prosecute or defend any suit, proceeding, or matter begun by or against the original administrator, in the same manner as an administrator de bonis non is authorized to prosecute or defend a suit commenced by a former executor or administrator.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.21 | Powers of Executors, Administrators, and Testamentary Trustees During a Will Contest.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) When a will is contested, the executor, the administrator de bonis non, with the will annexed, or the testamentary trustee may, during the contest, do the following:
(1) Control all the real property and all the personal property of the testator not administered before the contest;
(2) Collect the debts and convert all assets into money, except those that are specially bequeathed;
(3) Pay all taxes on the real and personal property and all debts;
(4) Repair buildings and make other improvements if necessary to preserve the real property from waste;
(5) Insure those buildings upon an order first obtained from the probate court having jurisdiction of the executor, administrator, or testamentary trustee;
(6) Advance or borrow money on the credit of the estate for the repairs, taxes, and insurance that shall be a charge on the estate;
(7) Receive and receipt for a distributive share of an estate or trust to which the testator would have been entitled, if living.
(B) The court may require additional bonds that from time to time seem proper.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.22 | Proceedings Against Former Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
An executor or administrator appointed in the place of an executor or administrator who has resigned or been removed, whose letters have been revoked, or whose authority has been extinguished is entitled to the possession of all the unadministered personal effects and assets of the estate and all other funds collected and unaccounted for by the former executor or administrator, and may maintain a suit against the former executor or administrator and the former executor's or administrator's sureties on the administration bond to recover those effects, assets, and funds and for all damages arising from the maladministration or omissions of the former executor or administrator.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.23 | Sales of Former Executor or Administrator Valid.

Effective:
October 16, 1953
Latest Legislation:
Senate Bill 40 - 100th General Assembly
When letters of administration are revoked, when an executor or administrator, or administrator with the will annexed, is removed, resigns, or dies, when a will is declared invalid, or when an election to take under section 2105.06 of the Revised Code is made by or for a surviving spouse, all previous sales, leases, encumbrances, whether of real or personal property, made lawfully and in good faith by the executor or administrator, or administrator with the will annexed, and with good faith on the part of the purchasers, and all lawful acts done in the settlement of the estate or execution of the will shall be valid as to such executor, administrator, administrator with the will annexed, purchasers for value in good faith, lessees for value in good faith, encumbrancers for value in good faith, all other parties dealing with said fiduciary for value in good faith, and all parties lawfully claiming by, through or under any of them. But the sums paid out or distributed to legatees or other distributees, when necessary for the proper execution of a will or administration of an estate, may be recovered from the persons receiving them.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.25 | Time Frame for Collection of Assets and Administration of Estate; Extensions.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The executor or administrator of an estate shall collect the assets and complete the administration of that estate within six months after the date of appointment unless an extension of the time to file a final and distributive account is authorized under division (B) of section 2109.301 of the Revised Code.
For good cause shown, the court may grant an extension of the time to file the inventory and accounts.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.26 | Examination of Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The court, upon application of any interested party, may authorize the examination of the executor or administrator under oath in open court on any matter relating to the administration of the estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.30 | Continuing Decedent's Business.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) Except as otherwise directed by the decedent in the decedent's will, an executor or administrator, without personal liability for losses incurred, may continue the decedent's business during four months next following the date of the appointment of that executor or administrator, unless the probate court directs otherwise, and for any further time that the court may authorize upon a hearing and after notice to the surviving spouse and distributees. In either case, no debts incurred or contracts entered into shall involve the estate beyond the assets used in that business immediately prior to the death of the decedent without first obtaining the approval of the court. During the time the business is continued, the executor or administrator shall file monthly reports in the court, setting forth the receipts and expenses of the business for the preceding month and any other pertinent information that the court may require. The executor or administrator may not bind the estate without court approval beyond the period during which the business is continued.
(B) As used in this section, "decedent's business" means a business that is owned by the decedent as a sole proprietor at the time of the decedent's death. "Decedent's business" does not include a business that is owned in whole or in part by the decedent as a shareholder of a corporation, a member of a limited liability company, or a partner of a partnership, or under any other form of ownership other than a sole proprietorship.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.31 | Responsibility of Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Every executor or administrator is chargeable with all assets of the deceased that come into the possession or under the control of the executor or administrator and are to be administered, although not included in the inventory required by section 2115.02 of the Revised Code. The executor or administrator is also chargeable with all the proceeds of personal property and real property sold for the payment of debts or legacies, and all the interest, profit, and income that in any way comes into the possession or under the control of the executor or administrator from the personal property of the deceased.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.32 | Executors and Administrators Not to Profit.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No profits shall be made by executors or administrators by the increase of any part of an estate, nor shall they sustain any loss by the decrease or destruction of such estate without their fault.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.33 | Not Responsible for Bad Debts.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
An executor or administrator is not accountable for debts inventoried as due to the decedent, if it appears to the probate court that, without the executor's or administrator's fault, they remain uncollected.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.34 | Chargeable With Property Consumed.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If an executor or administrator neglects to sell personal property that is required to be sold, and retains, consumes, or disposes of it for the executor's or administrator's own benefit, the executor or administrator shall be charged with the personal property at double the value affixed to the property by the appraisers.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.35 | Commissions.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Executors and administrators shall be allowed fees upon the amount of all the personal property, including the income from the personal property, that is received and accounted for by them and upon the proceeds of real property that is sold, as follows:
(1) For the first one hundred thousand dollars, at the rate of four per cent;
(2) All above one hundred thousand dollars and not exceeding four hundred thousand dollars, at the rate of three per cent;
(3) All above four hundred thousand dollars, at the rate of two per cent.
(B) Executors and administrators shall be allowed a fee of one per cent on the value of real property that is not sold. Executors and administrators also shall be allowed a fee of one per cent on the value of all property that is not subject to administration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship property, had the decedent died on December 31, 2012, so that section 5731.02 of the Revised Code applied to the estate.
(C) The basis of valuation for the allowance of the fees on real property sold shall be the gross proceeds of sale, and for all other property the fair market value of the other property as of the date of death of the decedent. The fees allowed to executors and administrators in this section shall be received in full compensation for all their ordinary services.
(D) If the probate court finds, after a hearing, that an executor or administrator, in any respect, has not faithfully discharged the duties as executor or administrator, the court may deny the executor or administrator any compensation whatsoever or may allow the executor or administrator the reduced compensation that the court thinks proper.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.36 | Further Allowance - Counsel Fees.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Allowances, in addition to those provided by section 2113.35 of the Revised Code for an executor or administrator, that the probate court considers just and reasonable shall be made for actual and necessary expenses and for extraordinary services not required of an executor or administrator in the common course of the executor's or administrator's duties.
Upon the application of an executor or administrator for further allowances for extraordinary services rendered, the court shall review both ordinary and extraordinary services claimed to have been rendered. If the fees payable pursuant to section 2113.35 of the Revised Code exceed the reasonable value of the ordinary services rendered, the court shall adjust any allowance made for extraordinary services so that the total fees and allowances to be made fairly reflect the reasonable value of both ordinary and extraordinary services.
If an attorney has been employed in the administration of the estate, reasonable attorney fees paid by the executor or administrator shall be allowed as a part of the expenses of administration. The court may at any time during administration fix the amount of those fees and, on application of the executor or administrator or the attorney, shall fix the amount of the fees. If provision is made by the will of the deceased for compensation to an executor, the amount provided shall be a full satisfaction for the executor's or administrator's services, in lieu of the fees or share of the fees, unless by an instrument filed in the court within four months after appointment the executor or administrator renounces all claim to the compensation given by the will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.37 | Allowance for Tombstone and Cemetery Lot.

Effective:
October 12, 2006
Latest Legislation:
House Bill 426 - 126th General Assembly
The probate court, in settlement of an account, may allow as a credit to the following persons a just amount expended by the person for a tombstone or monument for the deceased and a just amount paid by the person to a cemetery association or corporation as a perpetual fund for caring for and preserving the lot on which the deceased is buried:
(A) An executor;
(B) An administrator;
(C) A person with the right of disposition under section 2108.70 or 2108.81 of the Revised Code.
It is not incumbent on such a person to procure a tombstone or monument or to pay any sum into such fund.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.39 | Sale of Property Under Authority of Will.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a qualified executor, administrator, or testamentary trustee is authorized by will or devise to sell any class of personal property or real property, no order shall be required from the probate court for the executor, administrator, or testamentary trustee to proceed with the sale. A power to sell authorizes a sale for any purpose considered by the executor, administrator, or testamentary trustee to be for the best interest of the estate, unless the power is expressly limited by the will or devise.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.40 | Sale of Personal Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) At any time after the appointment of an executor or administrator, the probate court, if satisfied that it would be for the best interests of the estate, may authorize the executor or administrator to sell at public or private sale, at a fixed price or for the best price obtainable, and for cash or on the terms that the court may determine, any part or all of the personal property belonging to the estate, except the following:
(1) Property that the surviving spouse desires to take at the appraised value;
(2) Property specifically bequeathed, if the sale of that property is not necessary for the payment of debts, provided that the property may be sold with the consent of the person entitled to the property, including executors, administrators, guardians, and trustees;
(3) Property as to which distribution in kind has been demanded prior to the sale by the surviving spouse or other beneficiary entitled to the distribution in kind;
(4) Property that the court directs shall not be sold pursuant to a wish expressed by the decedent in the decedent's will; but at any later period, on application of a party interested, the court may, and for good cause shall, require the sale to be made.
(B) In case of a sale before expiration of the time within which the surviving spouse may elect to take at the appraised value, not less than ten days' notice of the sale shall be given to the surviving spouse, unless the surviving spouse consents to the sale or waives notice of the sale. The notice shall not be required as to perishable property.
(C) The court may permit the itemized list of personal property being sold to be incorporated in documents and records relating to the sale, by reference to other documents and records that have been filed in the court, provided that a court order shall not be required to permit the public sale of personal property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.41 | Public Sale.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) Public sales of personal property as provided in section 2113.40 of the Revised Code shall be at public auction and, unless otherwise directed by the probate court, after notice of the sale has been given by any of the following methods:
(1) By advertisement appearing at least three times in a newspaper of general circulation in the county during a period of fifteen days next preceding the sale;
(2) By advertisement posted not less than fifteen days next preceding the sale in at least five public places in the township or municipal corporation where the sale is to take place;
(3) By both forms of advertisement specified in divisions (A)(1) and (2) of this section.
(B) The advertisement published or posted as described in divisions (A)(1) and (2) of this section shall specify generally the property to be sold and the date, place, and terms of the sale. The executor or administrator, if considered in the best interests of the estate, may employ an auctioneer or clerk, or both, to conduct the sale, and their reasonable fees and charges shall be deducted from the proceeds of the sale. The court for good cause may extend the time for sale.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.42 | Report of Sale.

Effective:
October 8, 1992
Latest Legislation:
House Bill 427 - 119th General Assembly
Within thirty days after any public or private sale of the personal property of an estate, the executor or administrator shall make a report of the sale to the probate court. The report shall include proof of proper notice of the sale if it was at a public auction, and, if a clerk was employed for the sale, the report shall be accompanied by a sale bill signed by the clerk.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.43 | Credit.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
In all sales of the personal property of an estate the probate court may authorize the executor or administrator to sell on credit, the unpaid purchase price to be secured by notes or bonds with two or more sureties and approved by the executor or administrator. An executor or administrator shall not be responsible for loss due to the insolvency of the purchaser of any of such property if it appears that such executor or administrator acted with caution in extending credit pursuant to the authority of the court and has diligently tried to collect such notes and bonds.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.44 | Sale of Notes Secured by Mortgage.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An executor or administrator, without court order, may sell and transfer, without recourse, any promissory notes secured by mortgage and the mortgage securing such notes at not less than the face value thereof with accrued interest.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.45 | Mortgaged Premises to Be Considered Personal Assets - Possession.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a mortgagee of real property, or an assignee of the mortgagee, dies without foreclosing the mortgage, the mortgaged premises and the debts secured by the mortgage shall be considered personal assets in the possession or under the control of the executor or administrator of the estate of the mortgagee or assignee, and shall be administered and accounted for as such.
If the mortgagee or assignee did not obtain possession of the mortgaged premises in the mortgagee's or assignee's lifetime, the executor or administrator of the estate of the deceased mortgagee or assignee may take possession of the premises by open and peaceable entry or by action, as the deceased might have done if living.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.46 | Who May Discharge Mortgage.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
In case of the redemption of a mortgage belonging to the estate of a decedent, the money paid on the redemption shall be received by the executor or administrator, and the executor or administrator shall release and discharge the mortgage. Until that redemption, if the executor, administrator, or decedent has taken possession of the mortgaged premises, the executor or administrator shall be seized of the mortgaged premises in trust for the same persons who would be entitled to the money if the premises had been redeemed.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.47 | Foreclosure of Mortgage.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A mortgage belonging to an estate may be foreclosed by the executor or administrator.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.48 | Action to Complete Contract to Sell Land.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a person who has entered into a written contract for the sale and conveyance of an interest in real property dies before its completion, the executor or administrator of the decedent's estate, if not required to otherwise dispose of the contract, may, with the consent of the purchaser, obtain authority to complete the contract by filing an application for that authority in the probate court of the county in which the executor or administrator was appointed. Notice of the time of hearing on the application shall be given to the surviving spouse and heirs, if the decedent died intestate, and to the surviving spouse and devisees or legatees having an interest in the contract, if the decedent died testate. If the court is satisfied that it would be for the best interests of the estate, it may authorize the executor or administrator to complete the contract and to execute and deliver to the purchaser the instruments that are required to make the order of the court effective.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.49 | Court May Order Alteration or Cancellation of Contract.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a person who has entered into a written contract for the sale and conveyance of an interest in real property dies before its completion, the executor or administrator of the decedent's estate, if not required to otherwise dispose of the contract, may file a complaint for the alteration or cancellation of the contract in the probate court of the county in which the executor or administrator was appointed, or in which the real property or any part of it is situated. If the decedent died intestate, the surviving spouse and heirs, and if the decedent died testate, the surviving spouse and devisees or legatees having an interest in the contract, if not the plaintiffs, shall, together with the purchaser, be made parties defendant.
If, upon hearing, the court is satisfied that it is for the best interests of the estate, it may, with the consent of the purchaser, authorize the executor or administrator to agree to the alteration or cancellation of the contract, and to execute and deliver to the purchaser the instruments required to make the order of the court effective. Before making its order, the court shall cause to be secured, to and for the benefit of the estate of the deceased, its just part of the consideration of the contract. The instruments executed and delivered pursuant to the court's order shall recite the order, and be as binding on the heirs and other parties in interest, as if made by the deceased prior to death.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.51 | Property May Be Delivered to Legatee.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The property of an estate that is specifically bequeathed may be delivered over to the legatee entitled to the property. The legatee shall secure its redelivery on demand to the executor or administrator. Otherwise, the property shall remain in the possession or under the control of the executor or administrator to be distributed or sold, as required by law and the condition of the estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.52 | Devisee Takes Subject to Tax Lien - Exoneration of Mortgage Lien.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) A devisee taking real property under a devise in a will, unless the will otherwise provides, or an heir taking real property under the statutes of descent and distribution shall take the real property subject to all taxes, penalties, interest, and assessments that are a lien against that real property.
(B) If real property devised in a will is subject to a mortgage lien that exists on the date of the testator's death, the person taking the real property under the devise has no right of exoneration for the mortgage lien, regardless of a general direction in the will to pay the testator's debts, unless the will specifically provides a right of exoneration that extends to that lien.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.531 | General Legacies - Interest.

Effective:
September 4, 1957
Latest Legislation:
Senate Bill 428 - 102nd General Assembly
General legacies shall bear no interest unless specifically provided in the will.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.54 | Distribution Upon Application of Legatee or Distributee.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When five months have expired after the appointment of an executor or administrator and the surviving spouse has made an election under section 2106.01 of the Revised Code, a legatee or distributee may apply to the probate court for an order requiring the executor or administrator to distribute the assets of the estate, either in whole or in part, in cash or in kind. Upon notice to the executor or administrator, the court shall inquire into the condition of the estate, and if all claims have been paid, or adequate provision has been or can be made for their payment, the court shall make that order with reference to distribution of the estate as the condition of the estate and the protection of all parties interested in the estate may demand. The order of the court shall provide that assets be set aside for the payment of claims rejected within two months or in suit, and each claimant for whom assets are to be set aside shall be entitled to be fully heard as to the nature and amount of the assets to be set aside for payment of the claim and as to all other conditions in connection with the claim. Each legatee or distributee receiving distribution from the estate shall be liable to return the assets distributed to the legatee or distributee, or the proceeds from the assets, if they are necessary to pay those claims. The court, upon its own motion or upon application of the executor or administrator, as a condition precedent to any distribution, may require any legatee or distributee to give bond to the state with surety approved and in an amount fixed by the court, conditioned as provided in section 2113.53 of the Revised Code or as may be directed by the court. The bond may be in addition to the assets to be set aside or partially or wholly in lieu of those assets, as the court shall determine.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.55 | Distribution in Kind.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before making distribution in kind of property which is not specifically bequeathed, an executor or administrator shall obtain the approval of the probate court or the consent of all of the legatees or distributees whose interests may be affected by such distribution. A distribution in kind may be made to any beneficiary, including an executor, administrator, trustee, guardian, and the surviving spouse.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.56 | Executor or Administrator Not Liable.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
An executor or administrator is not liable for any distribution made in compliance with sections 2113.53, 2113.54, and 2113.55 of the Revised Code, except that an order of distribution made pursuant to any of such sections may be vacated as provided in section 2109.35 of the Revised Code relating to accounts.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.58 | Protection of Remainderman's Interest in Personal Property.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If by a will the use or income of personal property is given to a person for a term of years or for life and some other person has a remainder interest in the property, the probate court, unless the will otherwise provides, may authorize delivery of the personal property to the person having the limited estate, with or without bond, as the court may determine; or the court may order that the property be held by the executor or some other trustee, with or without bond, for the benefit of the person having the limited estate. If bond is required of the person having the limited estate, or of the trustee, it may be increased or decreased, and if bond is not required in the first instance it may be required by the court at any time prior to the termination of the limited estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.59 | Lien on Share of Beneficiary.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When a beneficiary of an estate is indebted to such estate, the amount of the indebtedness if due, or the present worth of the indebtedness if not due, may be set off by the executor or administrator against any testate or intestate share of the estate to which such beneficiary is entitled.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.62 | Record by County Recorder.

Effective:
January 30, 2014
Latest Legislation:
House Bill 72 - 130th General Assembly
Upon receipt of the certificate provided for in section 2113.61 of the Revised Code, the county recorder shall record it in the official records and index the certificate in the name of the decedent as grantor and the person to whom the real property passes as grantee in the indexes provided for in section 317.18 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.64 | Investment of Unclaimed Money.

Effective:
October 31, 2001
Latest Legislation:
House Bill 85 - 124th General Assembly
If a sum of money to be distributed to heirs, next of kin, or legatees, or owing from an estate to a creditor of the estate, remains unclaimed prior to the filing of a final account, the court may order it turned into the county treasury as provided in section 2113.65 of the Revised Code, or may order the executor or administrator to invest it as the court directs for a period not to exceed two years, to accumulate for the benefit of the persons entitled to the sum of money. Such investment shall be made in the name of the probate judge of the court for the time being and shall be subject to the order of the judge and the judge's successors in office.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.65 | Disposition of Investment.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The person investing unclaimed money under section 2113.64 of the Revised Code shall file in the probate court a memorandum thereof, with the original certificates or evidences of title representing such investment, which shall be allowed as a sufficient voucher for such payment under the order or decree. If the amount is unclaimed at the end of the period of such investment, it shall be turned into the county treasury and credited to the general fund, without liability for interest thereon. The receipt of the county treasurer taken for it and filed is a sufficient voucher.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.66 | Statute of Limitations No Defense.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The statute of limitations shall not be set up as a defense or bar to an action against an executor or administrator who fails or neglects to comply with the requirements of sections 2113.64 and 2113.65 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.67 | Money Paid to Owner.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a person entitled to the money invested or turned into the county treasury under section 2113.64 of the Revised Code satisfies the probate court of the person's right to receive it, the court shall order it to be paid over and transferred to the person. In case it has been turned into the treasury, the county auditor shall give to the person a warrant for the money upon the certificate of the probate judge.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.68 | Responsibility for Safekeeping of Evidences of Title.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The probate judge with whom the certificates or evidences of title required by section 2113.65 of the Revised Code are deposited and each succeeding judge to whom they come, and the judges' sureties, shall be responsible for their safekeeping and application, as provided in sections 2113.64 to 2113.67 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.69 | Newly Discovered Assets.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When newly discovered assets come into the possession or under the control of an executor or administrator after the filing of the original inventory required by section 2115.02 of the Revised Code, the executor or administrator shall administer, account for, and distribute those assets in the same manner as if received prior to the filing of the inventory. Within thirty days, the executor or administrator shall file in the probate court an itemized report of those assets, with an estimate of their value, but shall not be required to make an inventory or appraisement of the assets unless ordered to do so by the court, either upon its own motion or upon the application of any interested party.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.70 | Suit Against Foreign Executors and Administrators.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
An executor or administrator appointed in any other state or country, or the executor's or administrator's legal representatives, may be prosecuted in any appropriate court in this state in the capacity of executor or administrator.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.71 | Jurisdiction.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
The several probate courts, courts of common pleas, and superior courts have the same authority over foreign executors and administrators as if they were appointed in this state.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.72 | Proceedings Against Foreign Executor or Administrator.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Any court of common pleas may compel a foreign administrator or executor residing in this state, or having assets or property in this state, to account at the suit of an heir, distributee, or legatee, who is resident in this state, and make distribution of the amount found in the possession or under the control of the foreign administrator or executor to the respective heirs, distributees, or legatees according to the law of the state granting the letters of administration. If suits are pending or there are unsettled demands against the estate, the court also may require a refunding bond to be given to the foreign executor or administrator by the heirs, distributees, or legatees entitled to that distribution in case the amount paid is needed to pay debts of the estate.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.73 | Security for Distributees and Indemnification for Sureties.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If a foreign administrator or executor has wasted, misapplied, or converted assets of an estate, or has insufficient property to discharge the foreign administrator's or executor's liability on account of the trust, or the foreign administrator's or executor's sureties are irresponsible, the distributees, heirs, or legatees, in any court of common pleas or probate court may compel the foreign administrator or executor to secure the amounts respectively due to them and any of the foreign administrator's or executor's sureties may require indemnity on account of their liability as bail.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.74 | Other Remedies.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The several provisional remedies and proceedings authorized by sections 2113.70 to 2113.73 of the Revised Code against a foreign executor or administrator also apply to the person and property of a foreign administrator or executor. The probate court or the court of common pleas may make any order or decree touching a foreign executor's or administrator's property and effects, or the assets of the estate, necessary for the security of those interested in the property, effects, or assets.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.75 | Foreign Executor or Administrator May Prosecute Suit in This State.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
An executor or administrator appointed in any other state or country may commence and prosecute an action or proceeding in any court in this state, in the capacity as executor or administrator, in the same manner and under the same restrictions as a nonresident is permitted to sue.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.81 | Holding Money and Property in Trust for Safe Keeping for Nonresidents of United States.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If it appears that a legatee or a distributee, or a beneficiary of a trust not residing within the United States or its territories will not have the benefit, use, or control of the money or other property due the legatee or distributee from the estate or due the beneficiary from the trust, because of circumstances prevailing at the place of residence of the legatee or distributee, or the beneficiary of the trust, the probate court may direct that the money be paid into the county treasury to be held in trust or the probate court may direct that the money or other property be delivered to a trustee. The trustee shall have the same powers and duties provided in section 2119.03 of the Revised Code for that legatee, distributee, beneficiary of the trust, or the persons who may thereafter be entitled to the money or other property. The money or other property held in trust by the county treasurer or trustee shall be paid out by order of the probate judge in accordance with section 2113.82 of the Revised Code.
The county treasury shall not be liable for interest on the money held in trust.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.82 | Orders to Pay Money and Property Held in Trust for Safe Keeping for Nonresidents of United States.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When a person entitled to money or other property invested or turned into the county treasurer or to a trustee under section 2113.81 of the Revised Code satisfies the probate court of the person's right to receive it, the court shall order the county treasurer or the trustee to pay it over to the person.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.85 | Apportionment of Tax Definitions.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
As used in sections 2113.85 to 2113.90 of the Revised Code:
(A) "Estate" means the gross estate of a decedent who is domiciled in this state, as determined for federal estate tax purposes under Subtitle B of the Internal Revenue Code of 1954, 26 U.S.C. 2001, as amended, for Ohio estate tax purposes under Chapter 5731. of the Revised Code, and for estate tax purposes of any other jurisdiction that imposes a tax on the transfer of property by a decedent who is domiciled in this state.
(B) "Person interested in the estate" means any person who is entitled to receive, or who has received, any property or property interest included in the decedent's estate. A "person interested in the estate" includes, but is not limited to, a personal representative, guardian, or trustee. A "person interested in the estate" does not include a creditor of the decedent or of the decedent's estate.
(C) "Tax" means the federal estate tax determined under Subtitle B of the Internal Revenue Code of 1954, 26 U.S.C. 2001, as amended, an Ohio estate tax determined under Chapter 5731. of the Revised Code, and the estate tax determined by any other jurisdiction that imposes a tax on the transfer of property by a decedent who is domiciled in this state.
(D) "Fiduciary" means an executor, administrator, or other person who, by virtue of representing the decedent's estate, is required to pay the tax.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties › Section 2113.861 | Apportionment of Generation-Skipping Tax.

Effective:
January 1, 2007
Latest Legislation:
House Bill 416 - 126th General Assembly
Except as provided in section 5815.27 of the Revised Code, the generation-skipping transfer tax imposed by Chapter 13 of subtitle B of the Internal Revenue Code of 1986, 100 Stat. 2718, 26 U.S.C. 2601-2624, as amended, and the generation-skipping tax levied by division (B) of section 5731.181 of the Revised Code shall be apportioned in the manner described in section 2113.86 of the Revised Code.