Ohio Revised Code Search
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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.
...nistration 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 deceased was a citizen. The executor or administrator shall inform the court that the deceased was an alien as soon as such fact is ascertained by such executor or administrator, bu... |
Section 2113.12 | Procedure if executor renounces.
... to give any required bond, the probate court shall grant letters testamentary to the other executor, if there is one capable and willing to accept the trust, and if there is no other executor named in the will or nominated by holders of a power as described in section 2107.65 of the Revised Code, the court shall commit administration of the estate, with the will annexed, to some suitable and competent person, ... |
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.
...nnexed, to the person that the probate court appoints. |
Section 2113.15 | Special administrator.
...ntary or of administration, the probate court may appoint a special administrator to collect and preserve the effects of the deceased and grant the special administrator any other authority that the court considers appropriate. The special administrator shall collect the assets and debts of the deceased and preserve them for the executor or administrator who thereafter is appointed. For that purpose the speci... |
Section 2113.16 | Termination of powers of special administrator.
...executor or administrator, the probate court may compel the transfer by citation and attachment. The executor or administrator also may proceed, by civil action, to recover the value of the assets from the special administrator and the special administrator's sureties. |
Section 2113.17 | Creditor's claims before Special Administrator.
...A creditor's claim may be presented in accordance with section 2117.06 of the Revised Code to a special administration appointed under section 2113.15 of the Revised Code. |
Section 2113.18 | Removal of executor or administrator.
...(A) The probate 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 spous... |
Section 2113.19 | Administrator de bonis non.
...ly 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.
...te 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 t... |
Section 2113.21 | Powers of executors, administrators, and testamentary trustees during a will contest.
... 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 a... |
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.
...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... |
Section 2113.25 | Time frame for collection of assets and administration of estate; extensions.
...ised 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.
...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. |
Section 2113.30 | Continuing decedent's business.
...r 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.... |
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.
...vides, make application to the probate court for an order authorizing the executor or administrator to assume those duties. The application shall contain the following: (1) A brief statement of the facts upon which the application is based and any other pertinent information that the court may require; (2) A description or identification of the real property and the interest owned by the decedent at the time... |
Section 2113.32 | Executors and administrators not to profit.
...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. |
Section 2113.33 | Not responsible for bad debts.
...decedent, if it appears to the probate court that, without the executor's or administrator's fault, they remain uncollected. |
Section 2113.34 | Chargeable with property consumed.
...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. |
Section 2113.35 | Commissions.
... 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. |
Section 2113.36 | Further allowance - counsel fees.
...tor 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 ordin... |
Section 2113.37 | Allowance for tombstone and cemetery lot.
...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 ... |