CHAPTER 2119: TRUSTEE FOR ABSENTEE

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 he is dead, cannot return, or refuses to return to his home, and his estate requires attention, supervision, and care, or is needed for the maintenance of his dependents, the probate court may, on application of the spouse or of one of the next of kin, appoint a trustee to take possession and charge of the property of such person, other than the property with respect to which such person has made provision by written instrument designating an agent or attorney in fact. Such application shall be filed in the county in which such person last resided or if his last known residence was without this state, such application may be filed in any county in which such property is situated.

Effective Date: 10-01-1953

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 thereon to be published once a week for four consecutive weeks in some newspaper of general circulation in the county and shall cause copies of such notice to be mailed to the spouse and next of kin of the absentee residing within the state, excepting the applicant, and to the absentee residing at his last known address. The court may order notice to be given to such other persons in such manner as it deems best.

Effective Date: 10-01-1953

The trustee appointed under section 2119.01 of the Revised Code may proceed without order of the probate court:

(A) To take possession of the property of the absentee wherever situated within the state;

(B) To collect all debts due to the absentee;

(C) To retain and invest the estate in accordance with Chapter 2113. to 2125. of the Revised Code.

The trustee may pay such 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 such debts of the absentee as the court finds necessary for the protection of his dependents, including insurance premiums, orders for an award of spousal support, and other obligations. The court may make such other orders as it deems proper for the care and custody of the property and its proceeds.

Effective Date: 01-01-1991

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 estate of an absentee in the same manner as provided by sections 2127.01 to 2127.43, inclusive, of the Revised Code, for sales of real estate by executors and administrators. The probate court, upon notice to the spouse and such other persons and in such manner as the court directs, may order all or any part of the personal estate to be sold.

Effective Date: 10-01-1953

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 his final account and on settlement thereof shall terminate the trust and order all remaining property returned. If an executor, administrator, or guardian is appointed for the estate of such absentee, the court shall thereupon order the trustee to file his final account and on settlement thereof shall terminate the trust and order all of the property remaining in the hands of the trustee to be delivered to the fiduciary entitled thereto.

Effective Date: 10-01-1953