Ohio Revised Code Search
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Section 2127.32 | Public or private sale.
...The real property 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 t... |
Section 2127.33 | Price at which real property may be sold.
...If the sale authorized by a court as provided in section 2127.32 of the Revised Code is private, the real property shall not be sold for less than the appraised value. If the sale is at public auction, the real property 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 af... |
Section 2127.34 | Terms of sale.
... real property, 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. |
Section 2127.35 | Confirmation of sale - deed.
...f real property 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 t... |
Section 2127.36 | Security for deferred payments.
...rest at a rate approved by the probate court. If after the sale is made, and before delivery of the 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 that order may also direct the sale, without recourse, of any or all of the notes taken for defe... |
Section 2127.37 | Compensation of executor, administrator, or guardian.
...sation provided by law, by the probate court from which the executor's or administrator's letters issued. If that action is by a guardian, the guardian's duties and obligations in the action shall be considered by the court appointing the guardian in awarding the compensation that the court considers reasonable. |
Section 2127.38 | Distribution of money received from sale of real property.
...sonable 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 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 property sold and notwithstanding the purchase of the real property by a lien holder; ... |
Section 2127.39 | When proceeds of sale marshaled in conformity with will.
...that may require or induce the probate court to marshal the assets differently from the way the law otherwise would prescribe, those 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. |
Section 2127.40 | Sale by executor or administrator of real property fraudulently transferred by decedent.
...ime, may commence a civil action in the court of common pleas in the county in which the real property is situated to recover possession of it, or, in the action for its sale, the executor or administrator may allege the fraud and have the fraudulent transfer avoided. But when the real property is included in the complaint before the recovery of possession by the executor or administrator, the action shall be b... |
Section 2127.41 | Proceeds arising from partition of real property may be reached by the executor or administrator.
...ake a written statement to the probate court of the assets, indebtedness, expenses, and legacies, and the court 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 ... |
Section 2127.42 | Sale of lands of foreign wards.
... if considered necessary by the probate court of the county in which the complaints are filed. |
Section 2127.43 | Sale of real property by trustees of nonresidents.
...This chapter extends to an action brought by the trustee of a nonresident minor or person with a mental illness or mental impairment to sell the real property of the ward. |
Section 2129.01 | Record of extracounty and extrastate proceedings.
...ration proceedings filed in the probate court shall be admitted to record, docketed, and indexed in the same manner as local administration proceedings. |
Section 2129.02 | Proceedings by nonresident executor or administrator to bar creditor's claims.
...thenticated copy of them in the probate court of any county of this state in which is located real property of the decedent. The claim of any creditor of that decedent shall be subject to section 2117.06 of the Revised Code. The person filing those letters in the probate court may accelerate the bar against claims against the estate established by that section, by giving written notice to a potential claimant ... |
Section 2129.03 | Delivery of personal property and payment of debts to nonresident executor or administrator.
...The money, debts, and other personal property located in Ohio belonging to a nonresident decedent may be delivered to the nonresident executor or administrator without further liability to the estate, provided the person delivering such money, debts, or other personal property has no knowledge of ancillary proceedings being had or having been had in Ohio. |
Section 2129.04 | Ancillary administration.
...l exclude the jurisdiction of any other court. |
Section 2129.05 | Foreign wills.
...ay be admitted to record in the probate court of a county where a part of that property is situated. The authenticated copies, so recorded, shall be as valid as wills made in this state. When such a will, or authenticated copy, is admitted to record, a copy of the will or of the authenticated copy, with the copy of the order to record it annexed to that copy, certified by the probate judge under the seal of the prob... |
Section 2129.06 | Will made outside the United States.
...A will executed, proved, and allowed in a country other than the United States and territories thereof, according to the laws of such foreign state or country, may be allowed and admitted to record in this state in the manner and for the purpose mentioned in sections 2129.07 to 2129.30, inclusive, of the Revised Code. |
Section 2129.07 | Proceedings to admit foreign will to record.
... interested in the will, to the probate court of the county in which there is any estate upon which the will may operate. The court then shall continue the application to admit it to probate for two months. Notice of the filing of the application shall be given to all persons interested in the will, in a public newspaper published in or in general circulation in the county in which the application is made, at least t... |
Section 2129.08 | Appointment of ancillary administrator.
...er there has been filed in the probate court a complete exemplification of the record of the grant of the domiciliary letters of appointment and of any other records of the court of domiciliary administration that the court requires, the court shall appoint as the ancillary administrator the person named in the will, or nominated in accordance with any power of nomination conferred in the will, as general execu... |
Section 2129.10 | Procedure.
...Except as otherwise provided in this chapter, the procedure in ancillary administration shall be the same as in the administration of the estates of resident decedents. |
Section 2129.11 | No domiciliary administration.
...If no domiciliary administration has been commenced, the ancillary administrator shall proceed with the administration in this state as though the decedent had been a resident of this state at the time of the decedent's death. |
Section 2129.12 | Presentation of claims.
...Creditors having claims against the estate of a nonresident decedent shall file them with the ancillary administrator who is appointed in accordance with sections 2109.21 and 2129.08 of the Revised Code, within the time and in the manner provided by sections 2117.06 and 2117.07 of the Revised Code. |
Section 2129.13 | Sale of real property.
...If an ancillary administrator finds that the personal property of the nonresident decedent in this state is not sufficient to pay the expenses of administration, public rates and taxes, and other valid claims that have been presented, the ancillary administrator shall proceed to sell as much of the real property of the decedent located in this state that is necessary to pay those debts. The procedure shall be t... |
Section 2129.14 | Sale requested by domiciliary executor or administrator.
...sident decedent may file in the probate court by which the ancillary administrator was appointed information showing that it will be necessary to sell real property of the decedent located in this state to pay debts and legacies, and the court may thereupon authorize the ancillary administrator to sell any part or all of the real property that is necessary. The ancillary administrator shall proceed to sell the ... |