Ohio Revised Code Search
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Section 2113.031 | Summary release from administration.
...ion" also includes a credit union and a fiduciary that is not a trust company but that does trust business. (2) "Funeral and burial expenses" means whichever of the following applies: (a) The funeral and burial expenses of the decedent that are included in the bill of a funeral director; (b) The funeral expenses of the decedent that are not included in the bill of a funeral director and that have been approved by ... |
Section 2113.032 | Application for release of medical and billing records.
...under the law of this state or named as executor in a will may file an application with the probate court in the county in which the decedent resided seeking the release of the decedent's medical records and medical billing records for use in evaluating a potential wrongful death, personal injury, or survivorship action on behalf of the decedent. The application shall include a decedent's estate form listing the dec... |
Section 2113.04 | Payment of wages of deceased employee without administration.
... division is liable to the executor or administrator for the sum received by the person. |
Section 2113.041 | Request to financial institution to release account proceed to recover costs of services.
...(A) The administrator of the medicaid estate recovery program established pursuant to section 5162.21 of the Revised Code may present an affidavit to a financial institution requesting that the financial institution release account proceeds to recover the cost of services correctly provided to a medicaid recipient who is subject to the medicaid estate recovery program. The affidavit shall include all of the fol... |
Section 2113.05 | Letters testamentary shall issue.
...shall issue letters testamentary to the executor named in the will or to the executor nominated by holders of a power as described in section 2107.65 of the Revised Code, or to the executor named in the will and to a coexecutor nominated by holders of that power, if the executor or coexecutor is suitable, competent, accepts the appointment, and gives bond if that is required. If no executor is named in a will... |
Section 2113.06 | To whom letters of administration shall be granted.
...ction applies to the appointment of an administrator de bonis non. |
Section 2113.07 | Application for appointment as executor or administrator.
...Before being appointed executor or administrator, every person shall make and file an application that shall contain the names of the surviving spouse and all the next of kin of the deceased known to the applicant, their addresses of usual residence if known, a statement in general terms of what the estate consists and its probable value, and a statement of any indebtedness the deceased had against the applica... |
Section 2113.11 | Notice when deceased was an alien.
...lication for appointment as executor or administrator of the estate of a deceased alien with surviving heirs residing in a foreign country, or as soon thereafter during the administration of the estate as the probate court ascertains that the deceased was an alien, the court shall cause notice of the proceedings to be forwarded by registered mail to the nearest consular representative of the country of which the dece... |
Section 2113.12 | Procedure if executor renounces.
...If a person named as executor in the will of a decedent, or nominated as an executor by holders of a power as described in section 2107.65 of the Revised Code, refuses to accept the trust, or, if after being served notice for that purpose, neglects to appear and accept, or if the person named or nominated as executor neglects for twenty days after the probate of the will to give any required bond, the probate c... |
Section 2113.13 | Minority of an executor.
...When a person nominated as executor is under the age of eighteen years at the time of admitting the will to probate, administration may be granted with the will annexed during the nominee's minority, unless there is another executor who will accept the trust. If there is that other executor, the estate shall be administered by that executor until the minor arrives at full age when the former minor may be admitt... |
Section 2113.14 | Executor of an executor not to administer.
...The executor of an executor has no authority, as such, to administer the estate of the first testator. On the death of the sole or surviving executor of a will, administration of that part of the estate of the first testator not already administered may be granted, with the will annexed, to the person that the probate court appoints. |
Section 2113.16 | Termination of powers of special administrator.
...ial administrator shall transfer to the executor or administrator all the assets of the deceased in the possession or under the control of the special administrator. The special administrator shall file an account of the special administration within thirty days of the appointment of the executor or administrator. The account shall be in conformance with section 2109.30 of the Revised Code. The executor or admi... |
Section 2113.17 | Creditor's claims before Special Administrator.
...vised Code to a special administration appointed under section 2113.15 of the Revised Code. |
Section 2113.18 | Removal of executor or administrator.
...obate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate. (B) The probate court may remove any executor or administrator upon motion of the surviving spouse, childre... |
Section 2113.19 | Administrator de bonis non.
...When a sole executor or administrator dies without having fully administered the estate, the probate court shall grant letters of administration, with the will annexed or otherwise as the case requires, to some suitable person pursuant to section 2113.05 or 2113.06 of the Revised Code. That person shall administer the assets of the deceased not previously administered. |
Section 2113.20 | Will proved after administration as of an intestate.
...dministration 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. |
Section 2113.21 | Powers of executors, administrators, and testamentary trustees during a will contest.
...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... |
Section 2113.22 | Proceedings against former executor or administrator.
...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 t... |
Section 2113.23 | Sales of former executor or administrator valid.
...th, 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. |
Section 2113.25 | Time frame for collection of assets and administration of estate; extensions.
...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. |
Section 2113.26 | Examination of executor or administrator.
...ize the examination of the executor or administrator under oath in open court on any matter relating to the administration of the estate. |
Section 2113.30 | Continuing decedent's business.
... 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 ei... |
Section 2113.31 | Responsibility of executor or administrator.
...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 de... |
Section 2113.311 | Management and rental of real property by executor or administrator.
...ter the appointment of the executor or administrator, no one in authority has taken over the management and rental of any real property of which the decedent died seized, the executor or administrator, or an heir or devisee may, unless the will otherwise provides, make application to the probate court for an order authorizing the executor or administrator to assume those duties. The application shall contain t... |
Section 2113.32 | Executors and administrators not to profit.
...o 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. |