CHAPTER 2127: SALE OF LANDS

2127.01 Sale of lands by executors and administrators.

All proceedings for the sale of lands by executors, administrators, and guardians shall be in accordance with section[s] 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.

Effective Date: 10-01-1953

2127.011 Disposition of real estate.

(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 estate belonging to the estate at any time at prices and upon terms as are consistent with this section and may execute and deliver deeds and other instruments of conveyance if all the following conditions are met:

(1) The surviving spouse, all of the legatees and devisees in the case of testacy, and all the heirs in the case of intestacy, 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 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, 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 estate to himself pursuant to this section.

Effective Date: 05-26-1976

2127.02 Payment of debts.

As soon as an executor or administrator ascertains that the personal property in his hands 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, he shall commence a civil action in the probate court for authority to sell the decedent’s real property.

Effective Date: 05-31-1990

2127.03 Payment of legacies.

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.

Effective Date: 05-31-1990

2127.04 Action for authority to sell real estate.

(A) With the consent of all persons entitled to share in an estate upon distribution, the executor, administrator, or administrator with the will annexed may, and upon the request of these persons shall, commence an action in the probate court for authority to sell any part or all of the decedent’s real estate, even though the real estate is not required to be sold to pay debts or legacies. A guardian may make a request under this division, or give consent, on behalf of the guardian’s ward.

(B) An executor, administrator, or administrator with the will annexed may commence an action in the probate court, on the executor or administrator’s own motion, to sell any part or all of the decedent’s real estate, even though the real estate is not required to be sold to pay debts or legacies. The court shall not issue an order of sale in the action unless one of the categories specified in divisions (B)(1)(a), (b), and (c), (B)(2)(a), (b), and (c), and (B)(3) of this section applies:

(1)(a) At least fifty per cent of all the persons interested in the real estate proposed to be sold have consented to the sale.

(b) Prior to the issuance of the order, no written objection is filed with the court by any person or persons who hold aggregate interests in the interest of the decedent in the real estate proposed to be sold, that total in excess of twenty-five per cent.

(c) The court determines that the sale is in the best interest of the decedent’s estate.

(2)(a) No person’s interest in the interest of the decedent in the real estate proposed to be sold exceeds ten per cent.

(b) Prior to the issuance of the order, no written objection is filed with the court by any person or persons who hold aggregate interests in the interest of the decedent in the real estate proposed to be sold, that total in excess of twenty-five per cent.

(c) The court determines that the sale is in the best interest of the decedent’s estate.

(3) The real estate proposed to be sold escheats to the state under division (K) of section 2105.06 of the Revised Code.

(C) Notwithstanding any provision of the Revised Code, an executor, administrator, or administrator with the will annexed shall commence an action in the probate court to sell any part or all of the decedent’s real estate if any person who is entitled to inherit all or part of the real estate cannot be found after a due and diligent search. The court shall not issue an order of sale in the action unless the sale is in the best interest of the person who cannot be found and in the best interest of the decedent’s estate.

If a sale is ordered under this division, the costs of its administration shall be taken from the proceeds of the sale.

(D) A surviving spouse who is an executor or administrator of the decedent spouse’s estate is not disqualified, by reason of being executor or administrator, as a person to whom a parcel of real estate may be sold pursuant to this section.

Effective Date: 03-22-2001

2127.05 Guardian may sell.

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 estate of the ward, or wherever the real estate 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 estate will be for the benefit of the ward or his children, the guardian of the person and estate or of the estate only of a minor, person unable to manage his property because of mental illness or deficiency, habitual drunkard, confined person, 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 estate of the ward. If it appears to the advantage of the ward to lay out all or any part of the land in town lots, application for such authority may also be made in the action.

When the same person is guardian for two or more wards whose real estate 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 his wards in the real estate. If different persons are guardians of wards interested jointly or in common in the same real estate, 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.

Effective Date: 01-01-1976

2127.06 Successor fiduciary shall complete sale proceedings.

If the fiduciary who brings an action under section[s] 2127.01 to 2127.43, inclusive, of the Revised Code, dies, resigns, or is removed, or his powers cease at any time before the real estate sold is conveyed, a successor fiduciary may be substituted as a party to the action and may convey land, whether sold before or after his appointment. He may also be required to give an additional bond.

Effective Date: 10-01-1953

2127.07 Real estate subject to sale.

Any interest in real estate, whether legal or equitable, which the deceased had a right to sell or dispose of at the time of his decease, 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 such real estate, or the right to mine them, may be sold by an executor, administrator, or guardian under sections 2127.01 to 2127.43, inclusive, of the Revised Code. This section does not give an executor or administrator with the will annexed authority to sell real estate 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 estate placed by deed of trust, beyond the power of the ward to sell, convey, or assign.

Effective Date: 10-01-1953

2127.08 Fractional interests - sale of entire interest.

When the interest of a decedent or ward in real estate is fractional and undivided, the action for authority to sell such real estate shall include only such undivided fractional interest, except that the executor, administrator, or guardian, or 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 thereon, require that the action include the entire interest in the property, and the owner of said interests and liens shall receive his 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, which fees must be paid to the plaintiff’s attorney unless the court awards some part thereof 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 such portion of the proceeds of sale as represents the interests of the decedent or ward.

Effective Date: 10-01-1953

2127.09 Venue.

An action by an executor, administrator, or guardian to obtain authority to sell real estate shall be brought in the county in which he was appointed or in which the real estate subject to sale or any part thereof is situated. If the action is brought in a county other than that in which the real estate or a part thereof is situated, a certified transcript of the record of all proceedings had therein shall be filed with and recorded by the probate court of each county in which such real estate or any part thereof is situated.

Effective Date: 10-01-1953

2127.10 Action to sell real estate.

An action to obtain authority to sell real estate 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 estate 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 estate, a recital of all mortgages and liens upon and adverse interests in the real estate, 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.

Effective Date: 01-01-1976

2127.11 Summary proceeding if value of land less than three thousand dollars.

When the actual market value of decedent’s or ward’s real estate 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 land at private sale, on such terms as it deems proper, and in such a 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.

Effective Date: 01-01-1976

2127.12 Necessary parties in sale by executor or administrator.

In an action by an executor or administrator to obtain authority to sell real estate, 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 estate 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 estate 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 estate.

Effective Date: 09-28-1990

2127.13 Necessary parties in sale by guardian.

In an action by a guardian to obtain authority to sell the real estate of his 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 such real estate who are known to reside in Ohio, but their spouses need not be made parties defendant;

(D) All lienholders whose claims affect such real estate or any part thereof;

(E) If the interest subject to such sale is equitable, all persons holding legal title thereto or any part thereof;

(F) All other persons having an interest in such real estate, other than creditors.

Effective Date: 10-01-1953

2127.14 Service of summons.

Service of summons, actual or constructive, in an action to sell the real estate 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 such person shall not be necessary. If all parties consent in writing to the sale, an order therefor may issue forthwith.

Effective Date: 10-01-1953

2127.15 Pleadings and procedure.

All pleadings and proceedings in an action to obtain authority to sell the real estate 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.

Effective Date: 01-01-1976

2127.16 Sale to be free of dower.

In a sale of real estate by an executor, administrator, or guardian, such real estate shall be sold free of all right and expectancy of dower therein, 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 such sum in money as is the just and reasonable value of such dower, unless the answer of such person waives such allowance.

Effective Date: 10-01-1953

2127.17 Costs when there are objections to granting order for sale.

In an action to obtain authority to sell real estate, if a party in his answer objects to an order for the sale of real estate 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.

Effective Date: 01-01-1976

2127.18 Equities and priorities.

Upon the hearing of an action to obtain authority to sell real estate by an executor, administrator, or guardian, if satisfied that all necessary parties defendant are properly before the court, and that the demand for relief ought to be granted, the court may determine the equities among the parties and the priorities of lien of the several lien holders on the real estate, and order a distribution of the money arising from the sale in accordance with its determination. The court may in the same cause order contributions among all parties in interest.

Effective Date: 01-01-1976

2127.19 Release of liens.

When an action to obtain authority to sell real estate is determined by the probate court, the probate judge shall make the necessary order for an entry of release and satisfaction of all mortgages and other liens upon the real estate except such mortgage as is assumed by the purchaser. The executor, administrator, or guardian shall thereupon enter such release and satisfaction, together with a memorandum of the title of the case, the character of the proceedings, and the volume and page of record where recorded, upon the record of such mortgage, judgment, or other lien in the office where it appears as matter of record. If the executor, administrator, or guardian fails to enter such release and satisfaction, the court may, on the application of an interested party, enter such release and satisfaction and tax in his cost bill the fee provided by law for entering such release and satisfaction, and a fee of twenty-five cents to the court.

Effective Date: 10-01-1953

2127.20 Sale subject to mortgage.

The probate court, with the consent of the mortgagee, may authorize the sale of lands subject to mortgage, but the giving of any such consent shall release the estate of the decedent or ward should a deficit later appear.

Effective Date: 10-05-1961

2127.21 Complaint of guardian to have land laid out in town lots.

If a guardian’s complaint in an action to obtain authority to sell real estate seeks to have land laid out in town lots, and the court finds it to the advantage of the ward, it shall authorize the survey and platting of the land as provided by law. Upon subsequent return of the survey and plat, the court, if it approves it, shall authorize the guardian on behalf of his ward to sign, seal, and acknowledge the plat in that behalf for record.

Effective Date: 01-01-1976

2127.22 Appraisement may be dispensed with - new appraisement - appraisers.

If an appraisement of the real estate is contained in the inventory required of an executor or administrator by section 2115.02 of the Revised Code, and of a guardian by section 2111.14 of the Revised Code, the probate court may order a sale in accordance with the appraisement, or order a new appraisement. If a new appraisement is not ordered, the value set forth in the inventory shall be the appraised value of the real estate. If the court orders a new appraisement, the value returned shall be the appraised value of the real estate.

If the interest of the deceased or ward in the real estate is fractional and undivided, and if a party requests and the court orders the entire interest in the real estate to be sold, a new appraisement of the entire interest in the real estate shall be ordered.

If the relief requested is granted and new appraisement is ordered, the court shall appoint one, or on request of the executor, administrator, or guardian, not exceeding three judicious and disinterested persons of the vicinity, not next of kin of the complainant, to appraise the real estate in whole and in parcels at its true value in money. Where the real estate lies in two or more counties the court may appoint appraisers in any or all of the counties in which the real estate or a part of it is situated.

Effective Date: 01-01-1976

2127.23 Agreement of appraisers.

The appraisers appointed under section 2127.22 of the Revised Code shall agree to truly and impartially appraise the real estate at its fair cash value upon actual view and to perform the duties required of them by the order of the court. The appraisement shall be signed by the appraisers, and the officer to whom it is issued shall make return of it to the court for confirmation.

Effective Date: 10-08-1992

2127.24 Vacancy in appraisers.

When a person appointed by the court under section 2127.22 of the Revised Code as an appraiser fails to discharge his duties, the probate judge on his own motion or on the motion of the executor, administrator, or guardian may appoint another appraiser.

Effective Date: 10-01-1953

2127.25 Compensation of appraisers.

Appraisers appointed under section 2127.22 of the Revised Code shall each be paid such compensation as the court thinks proper for services performed by them.

Effective Date: 10-01-1953

2127.26 Repealed.

Effective Date: 03-23-1981

2127.27 Additional bond before sale.

Upon the return and approval of the appraisement provided for by section 2127.22 of the Revised Code, the court shall require the executor, administrator, or guardian to execute a bond with two or more personal sureties, or one or more corporate sureties, whose qualifications shall be those provided by section 2109.17 of the Revised Code. Such bond shall be payable to the state in an amount which the court deems sufficient, having regard to the amount of real estate to be sold, its appraised value, the amount of the original bond given by the executor, administrator, or guardian, and the distribution to be made of the proceeds arising from the sale, and such bond shall be conditioned for the faithful discharge of his duties and the payment of, and accounting for, all moneys arising from such sale according to law. Such bond shall be additional to that given by the executor, administrator, or guardian at the time of his appointment. If the court finds the amount of the original bond given by the executor, administrator, or guardian is sufficient, having regard for the amount of real estate to be sold, its appraised value, and the distribution to be made of the proceeds arising from the sale, the giving of additional bond may be dispensed with by order of the court. Such bond shall be given in the court from which the executor, administrator, or guardian received his appointment.

If the action to obtain authority to sell real estate is pending in another court, the latter shall proceed no further until there is filed therein a certificate from the court wherein the executor, administrator, or guardian received his appointment, under its seal, that such bond has been given or that the original bond is sufficient. This section does not prevent the court in an action to sell real estate from ordering the sale of such real estate without bond in cases where the testator had provided by his will that the executor need not give bond.

Effective Date: 10-01-1953

2127.28 Expense of sale.

The probate court may, after notice to all parties in interest, allow a real estate commission in an action to sell real estate by an executor, administrator, or guardian, but an allowance shall be passed upon by the court prior to the sale.

The court may allow payment for certificate or abstract of title or policy of title insurance in connection with the sale of any land by an executor, administrator, or guardian.

Effective Date: 01-01-1976

2127.29 Order of sale.

When the bond required by section 2127.27 of the Revised Code is filed and approved by the court, it shall order the sale of the real estate included in the complaint set forth in section 2127.10 of the Revised Code, or the part of the real estate it deems necessary for the interest of all parties concerned. If the complaint alleges that it is necessary to sell part of the real estate, and that by the partial sale the residue of the estate, or a specific part of it, would be greatly injured, the court, if it so finds, may order a sale of the whole estate.

Effective Date: 01-01-1976

2127.30 Order of sale when an equitable estate is included.

If the order of sale set forth in section 2127.29 of the Revised Code includes real estate in which the ward or the estate has an equitable interest only, the court may make an order for the appraisement and sale of such equitable estate free from dower, for the indemnity of the estate against any claim for purchase money, and for payment of the value of such dower in money, as the court deems equitable, having regard for the rights of all parties in interest.

Effective Date: 10-01-1953

2127.31 Persons interested may give bond to prevent sale.

An order to sell the real property of a decedent shall not be granted in an action by an executor or administrator, if, after the action is commenced and before the order of sale is granted, any person interested in the estate gives bond to the executor or administrator in a sum with sureties approved by the probate court, conditioned to pay all debts and legacies found due from the estate, the charges of administration, and the allowance for support to the surviving spouse, minor children, or surviving spouse and minor children of the decedent as provided in section 2106.13 of the Revised Code, insofar as the personal property of the decedent is insufficient. If the bond is not given until after the order of sale is granted, and the executor or administrator in reliance on the bond abates the action, the bond shall be binding upon the obligors, and may be enforced as though given prior to the granting of the order of sale.

Effective Date: 05-31-1990

2127.32 Public or private sale.

The real estate included in the court’s order of sale, as provided in section 2127.29 of the Revised Code, shall be sold either in whole or in parcels at public auction at the door of the courthouse in the county in which the order of sale was granted, or at another place, as the court directs, and the order shall fix the place, day, and hour of sale. If it appears to be more for the interest of the ward or the estate to sell the real estate at private sale, the court may authorize the complainant to sell it either in whole or in parcels. If an order for private sale is issued, it shall be returned by the complainant. Upon motion and showing of a person interested in the proceeds of the sale, filed after thirty days from the date of the order, the court may require the complainant to return the order, if the premises have not been sold. Thereupon, the court may order the real estate to be sold at public sale.

If upon showing of any person interested, the court finds that it will be to the interest of the ward or the estate, it may order a reappraisement and sale in parcels.

If the sale is to be public, the executor, administrator, or guardian must give notice of the time and place of the sale by advertisement at least three weeks successively in a newspaper published in the county where the lands are situated.

Effective Date: 10-07-1977

2127.33 Price at which real estate may be sold.

Where the sale authorized by a court as provided in section 2127.32 of the Revised Code, is private, the real estate shall not be sold for less than the appraised value. When the sale is at public auction the real estate if improved shall not be sold for less than two thirds of the appraised value, or if not improved, for less than one half of the appraised value. In private sales if no sale has been effected after one bona fide effort to sell under this section, or if in public sales the land remains unsold for want of bidders when offered pursuant to advertisement, the court may fix the price for which such real estate may be sold or may set aside the appraisement and order a new appraisement. If such new appraisement does not exceed five hundred dollars, and upon the first offer thereunder at public sale there are no bids, then upon the motion of any party interested the court may order the real estate to be readvertised and sold at public auction to the highest bidder.

Effective Date: 10-01-1953

2127.34 Terms of sale.

The order for the sale of real estate, granted by the probate court in an action by an executor, administrator, or guardian, shall prescribe the terms of the sale, and payment of the purchase money, either in whole or in part, for cash, or on deferred payments. In the sales by executors or administrators, deferred payments shall not exceed two years with interest.

Effective Date: 01-01-1976

2127.35 Confirmation of sale - deed.

An executor, administrator, or guardian shall make return of his proceedings under the order for the sale of real estate granted by the probate court. The court, after careful examination, if satisfied that the sale has in all respects been legally made, shall confirm the sale, and order the executor, administrator, or guardian to make a deed to the purchaser.

The deed shall be received in all courts as prima-facie evidence that the executor, administrator, or guardian in all respects observed the direction of the court, and complied with the requirements of the law, and shall convey the interest in the real estate directed to be sold by the court, and shall vest title to the interest in the purchaser as if conveyed by the deceased in his lifetime, or by the ward free from disability, and by the owners of the remaining interests in the real estate.

Effective Date: 01-01-1976

2127.36 Security for deferred payments.

The order for the sale of real estate granted in an action by an executor, administrator, or guardian shall require that before the delivery of the deed the deferred installments of the purchase money be secured by mortgage on the real estate sold, and mortgage notes bearing interest at a rate approved by the probate court. If after the sale is made, and before delivery of deed, the purchaser offers to pay the full amount of the purchase money in cash, the court may order that it be accepted, if for the best interest of the estate or the ward, and direct its distribution.

The court in such an order may also direct the sale, without recourse, of any or all of the notes taken for deferred payments, if for the best interest of the estate or the ward, at not less than their face value with accrued interest, and direct the distribution of the proceeds.

Effective Date: 01-01-1976

2127.37 Compensation of executor, administrator, or guardian.

When an action to sell estate is prosecuted by an executor or administrator he shall be allowed the compensation provided by law, by the probate court from which his letters issued. When such action is by a guardian, his duties and obligations therein shall be considered by the court appointing him in awarding such compensation as the court deems reasonable.

Effective Date: 10-01-1953

2127.38 Distribution of money received from sale of real estate.

The sale price of real estate sold following an action by an executor, administrator, or guardian shall be applied and distributed as follows:

(A) To discharge the costs and expenses of the sale, including reasonable fees to be fixed by the probate court for services performed by attorneys for the fiduciary in connection with the sale, and compensation, if any, to the fiduciary for his services in connection with the sale as the court may fix, which costs, expenses, fees, and compensation shall be paid prior to any liens upon the real estate sold and notwithstanding the purchase of the real estate by a lienholder;

(B) To the payment of taxes, interest, penalties, and assessments then due against the real estate, and to the payment of mortgages and judgments against the ward or deceased person, according to their respective priorities of lien, so far as they operated as a lien on the real estate of the deceased at the time of the sale, or on the estate of the ward at the time of the sale, which shall be apportioned and determined by the court, or on reference to a master, or otherwise;

(C) In the case of an executor or administrator, the remaining proceeds of sale shall be applied as follows:

(1) To the payment of legacies with which the real estate of the deceased was charged, if the action is to sell real estate to pay legacies;

(2) To discharge the claims and debts of the estate in the order provided by law.

Whether the executor or administrator was appointed in this state or elsewhere, the surplus of the proceeds of sale must be considered for all purposes as real estate, and be disposed of accordingly.

Effective Date: 09-21-1982

2127.39 When proceeds of sale marshaled in conformity with will.

When an action to sell real estate is brought by an executor or administrator with the will annexed, if in the last will of the deceased there is a disposition of his estate for the payment of debts, or a provision that may require or induce the probate court to marshal the assets differently from the way the law otherwise would prescribe, such devises, or parts of the will, shall be set forth in the complaint, and a copy of the will exhibited to the court, whereupon the court shall marshal the proceeds of the sale accordingly, so far as it can be done consistently with the rights of creditors.

Effective Date: 01-01-1976

2127.40 Sale by executor or administrator of real estate fraudulently transferred by decedent.

When an action is brought by an executor or administrator to sell real estate to pay debts, the real estate subject to sale shall include all rights and interests in lands, tenements, and hereditaments transferred by the decedent in his lifetime with intent to defraud his creditors, except that lands fraudulently transferred cannot be taken from any person who purchased them for a valuable consideration, in good faith, and without knowledge of the fraud. No claim to such lands shall be made unless within four years next after the decease of the grantor.

If real estate fraudulently transferred is to be included in such an action, the executor or administrator, either before or at the same time, may commence a civil action in the court of common pleas in the county in which the real estate is situated to recover possession of it, or, in his action for its sale, he may allege the fraud and have the fraudulent transfer avoided. But when the real estate is included in the complaint before the recovery of possession by the executor or administrator, the action shall be brought in the court of common pleas in the county in which the real estate is situated.

Effective Date: 09-28-1990

2127.41 Proceeds arising from partition of real estate may be reached by the executor or administrator.

If, after the institution of proceedings for the partition of the real property of a decedent, it is found that the assets in the hands of the executor or administrator probably are insufficient to pay the debts of the estate, together with the allowance for support of the surviving spouse, minor children, or surviving spouse and minor children as provided in section 2106.13 of the Revised Code, the expenses of administration, and the legacies that are a charge upon the real property, the executor or administrator shall make a written statement to the probate court of the assets, indebtedness, expenses, and legacies, and the court forthwith shall ascertain the amount necessary to pay the debts, expenses, and legacies and give a certificate of the amount to the executor or administrator.

The executor or administrator then shall present the certificate to the court in which the proceedings for partition are or have been pending, and, on his motion, the court shall order the amount named in the certificate to be paid over to the executor or administrator out of the proceeds of the sale of the premises, if thereafter they are sold or already have been sold. This section does not prohibit an executor or administrator from proceeding to sell real property belonging to the estate for the payment of debts or legacies, although it has been sold on partition or otherwise, or the proceeds of the sale have been fully distributed.

Effective Date: 05-31-1990

2127.42 Sale of lands of foreign wards.

Wards living out of this state and owning lands within it are entitled to the benefit of sections 2127.01 to 2127.43 of the Revised Code. Complaints for the sale of real estate by guardians of such wards shall be filed in the county in which the land is situated, or if situated in two or more counties, then in one of the counties in which a part of it is situated. Additional security shall be required from such guardians, when deemed necessary by the probate court of the county in which the complaints are filed.

Effective Date: 01-01-1976

2127.43 Sale of real estate by trustees of nonresidents.

Chapter 2127. of the Revised Code extends to an action brought by the trustee of a nonresident minor or mentally ill or deficient person to sell the real estate of the ward.

Effective Date: 01-01-1976