Ohio Revised Code Search
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Section 2115.16 | Hearing on inventory.
...on any person who is interested in the estate. The probate court, after notice to the executor or administrator, either upon the motion of any interested party for good cause shown or at its own instance, may order that notice of the hearing is to be served upon persons the court designates. For good cause, the hearing may be continued for the time that the court considers reasonable. Exceptions to the invento... |
Section 2115.17 | Real property appraisal conclusive.
...l be conclusive for all purposes except estate tax, unless a reappraisal is ordered by the court. |
Section 2117.01 | Debts due an executor or administrator.
... of a deceased shall be retained by an executor or administrator in satisfaction of the executor's or the administrator's own claim, until it has been proved to and allowed by the probate court. That debt is not entitled to preference over others of the same class. |
Section 2117.02 | Presentation of claim to probate court.
...ecutor or administrator has against the estate to the probate court for allowance. The claim shall not be paid unless allowed by the court. When an executor or administrator presents a claim amounting to five hundred dollars or more, the court shall fix a day not less than four nor more than six weeks from its presentation, when the testimony touching it shall be heard. The court shall issue an order directed t... |
Section 2117.03 | Disinterested person to represent estate.
...utor or administrator owns against the estate the executor or administrator represents to the probate court for allowance, the court on its own motion, or on motion by any interested party, may appoint an attorney to represent the estate, who shall receive the compensation from the estate that may be fixed by the court. The court shall require the executor or administrator to make available to the attorney, fo... |
Section 2117.04 | Appeal from final order or judgment.
...'s or administrator's claim against the estate the executor or administrator represents, an appeal may be taken from a final order or judgment of the probate court upon a matter of law by any person affected by the order or judgment. |
Section 2117.05 | Compromise and settlement of claims.
...aim in favor of or against a decedent's estate, the probate court, upon hearing on such application and after reasonable notice has been given to all persons who would be adversely affected thereby as determined by the court, may authorize or direct the executor or administrator to compromise and settle such claim on such terms as the court deems to be for the best interest of the estate. The court may dispense with ... |
Section 2117.061 | Notice of receipt of medicaid benefits to administrator of estate recovery program.
...n responsible for the estate" means the executor, administrator, commissioner, or person who filed pursuant to section 2113.03 of the Revised Code for release from administration of an estate. (B) The person responsible for the estate of a decedent subject to the medicaid estate recovery program or the estate of a decedent who was the spouse of a decedent subject to the medicaid estate recovery program shall s... |
Section 2117.07 | Acceleration of bar against claims of potential claimants.
...rate the bar against claims against the estate established by section 2117.06 of the Revised Code by giving written notice to a potential claimant that identifies the decedent by name, states the date of the death of the decedent, identifies the executor or administrator by name and mailing address, and informs the potential claimant that any claims the claimant may have against the estate are required to be presente... |
Section 2117.08 | Authentication of claims.
...t the estate of a deceased person, the executor or administrator may require satisfactory written proof in support of it and also the affidavit of the claimant that the claim is justly due, that no payments have been made on the claim, and that there are no counterclaims against it to the claimant's knowledge. The affidavit shall set forth any security held for the payment of the claim and, if the claim is not... |
Section 2117.09 | Disputed claims.
...tice of any claim presented against the estate the executor or administrator represents, the executor or administrator may enter into an agreement in writing with the claimant to refer the matter in controversy to three disinterested persons, who shall be approved by the probate judge. Upon filing the agreement of reference in the probate court of the county in which the letters testamentary or of administrat... |
Section 2117.10 | Failure of lienholder to present claim.
...alid lien upon any of the assets of an estate to present the lienholder's claim upon the indebtedness secured by the lien, as provided in this chapter, shall not affect the lien if the same is evidenced by a document admitted to public record, or is evidenced by actual possession of the real or personal property that is subject to the lien. |
Section 2117.11 | Rejection of a claim.
...l reject a creditor's claim against the estate by giving the claimant written notice of the disallowance of the claim. The notice shall be given to the claimant pursuant to Civil Rule 73. Notice by mail shall be effective on delivery of the mail at the address given. A claim may be rejected in whole or in part. A claim that has been allowed may be rejected at any time after allowance of the claim. A claim is re... |
Section 2117.12 | Action on rejected claim barred.
...of the claim that was rejected. If the executor or administrator dies, resigns, or is removed within that two-month period and before action is commenced on the claim or part of the claim that was rejected, the action may be commenced within two months after the appointment of a successor. For the purposes of this section, the action of a claimant is commenced when the complaint and praecipe for service of summo... |
Section 2117.13 | Claims rejected on requisition of heir, devisee, or creditor.
...im presented for allowance against the estate the executor or administrator represents, whether the claim has been allowed or not, but which claim has not been paid in full, and enters into a sufficient bond running to the executor or administrator, the amount, terms, and surety of which are to be approved by the probate judge, the claim shall be rejected by the executor or administrator. The notice of rejecti... |
Section 2117.14 | Parties to action on claim rejected on requisition.
...hall be made a party defendant with the executor or administrator to any action on a claim rejected on requisition and have a right to plead and make any defense thereto. Any judgment in favor of the claimant shall be against the executor or administrator only. |
Section 2117.15 | Payment of debts - report of insolvency.
... proceed to pay the debts due from the estate in accordance with Chapters 2113. to 2125. of the Revised Code. If it appears at any time that the estate is insolvent, the executor or administrator may report that fact to the court, and apply for any order that the executor or administrator considers necessary because of the insolvency. In case of insolvency, a creditor who has been paid according to law shall n... |
Section 2117.17 | Hearing allowing and classifying claims.
...r shall, assign all claims against the estate that have been presented and any other known valid debts of the estate for hearing on a day certain. Upon the assignment, and in no case less than ten days before the date fixed for hearing or a longer period that the court may order, the executor or administrator shall cause written notice of the hearing to be served upon the following persons who have not waived ... |
Section 2117.18 | Personal property taxes, penalties, and interest.
...hall not be added before notice to the executor or administrator, and before an opportunity is given to the executor or administrator to be heard. All taxes omitted by the deceased shall be charged on the tax lists and duplicate in the deceased's name. In all additions to the personal tax lists and duplicate under this section, each succeeding tax year shall be considered as beginning at the time of the compl... |
Section 2117.19 | No allowance to tax inquisitors.
...ny increased tax on such property of an estate, covered by an inventory required by section 2115.02 of the Revised Code, shall be allowed or paid to a person under a contract for securing for taxation, or putting on the tax list or duplicate, property omitted, or not listed or returned for taxation. |
Section 2117.25 | Order in which debts to be paid.
... taxes, claims made under the medicaid estate recovery program instituted pursuant to section 5162.21 of the Revised Code, and obligations for which the decedent was personally liable to the state or any of its subdivisions; (9) Debts for manual labor performed for the decedent within twelve months preceding the decedent's death, not exceeding three hundred dollars to any one person; (10) Other debts for which... |
Section 2117.251 | Claim of funeral director arises after death - preneed funeral contracts.
...of that section, do not apply to the estate of the decedent and the estate is not liable for the funeral expenses of the decedent. |
Section 2117.27 | Vendor's lien not preferred.
...A vendor's lien not disclosed of record shall not, after the death of the vendee, have priority as against general creditors of the deceased. |
Section 2117.28 | Debts not due.
...strator nor the remaining assets of the estate shall be liable to such creditor by reason thereof. After setting aside such assets, the executor or administrator may proceed to make payment and distribution of the remaining assets of the estate and to settle the same without recourse by such creditor to the assets so distributed. |
Section 2117.29 | Beneficiary taking subject to mortgage.
...When the only debts of an estate remaining unpaid are secured by liens on property of the estate, the devisees, legatees, or heirs entitled to receive such property may be permitted to take the same subject to such liens, if all the lienholders consent and waive recourse to all the other assets of the estate in the event such property so taken is insufficient to pay the debts secured by such liens. |