Ohio Revised Code Search
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Section 2113.20 | Will proved after administration as of an intestate.
... deceased is proved and allowed after letters of administration have been granted as of an intestate estate, the first administration shall be revoked, unless before the revocation a complaint contesting the probate 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 dete... |
Section 2113.21 | Powers of executors, administrators, and testamentary trustees during a will contest.
...ee; (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 additional bonds that from time to time seem proper. |
Section 2113.22 | Proceedings against former executor or administrator.
...o has resigned or been removed, whose letters have been revoked, or whose authority has been extinguished is entitled to the possession of all the unadministered personal effects and assets of the estate and all other funds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 the former executor or administrator and the former executor's or administrator's sure... |
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.
...ator 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.
...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.
...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. During the time the business is continued, the executor or administrator shall file monthly reports in the court, setting forth the receipts and expenses of the business for the preceding month and any other pertinent information that the court may r... |
Section 2113.31 | Responsibility of executor or administrator.
...t, profit, and income that in any way comes into the possession or under the control of the executor or administrator from the personal property of the deceased. |
Section 2113.311 | Management and rental of real property by executor or administrator.
...osecute actions for forcible entry and detainer of the real property. (F) The executor or administrator shall, at intervals not to exceed twelve months, pay over to the heirs or devisees, if known, their share of the net rents, and shall account for all money received and paid out under authority of this section in the executor's or administrator's regular accounts of the administration of the estate, but in a... |
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.
...cutor or administrator is not accountable for debts inventoried as due to the 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.
...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.
...and for all other property the fair market value of the other property as of the date of death of the decedent. The fees allowed to executors and administrators in this section shall be received in full compensation for all their 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,... |
Section 2113.36 | Further allowance - counsel fees.
...obate 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 ordinary and extraordinary services cla... |
Section 2113.37 | Allowance for tombstone and cemetery lot.
...ettlement 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 disposition under secti... |
Section 2113.39 | Sale of property under authority of will.
...tamentary trustee to proceed with the sale. A power to sell authorizes a sale for any purpose considered by the executor, administrator, or testamentary trustee to be for the best interest of the estate, unless the power is expressly limited by the will or devise. |
Section 2113.40 | Sale of personal property.
...sh or on the terms that the court may determine, any part or all of the personal property belonging to the estate, except the following: (1) Property that the surviving spouse desires to take at the appraised value; (2) Property specifically bequeathed, if the sale of that property is not necessary for the payment of debts, provided that the property may be sold with the consent of the person entitled to the... |
Section 2113.41 | Public sale.
...dvertisement appearing at least three times in a newspaper of general circulation in the county during a period of fifteen days next preceding the sale; (2) By advertisement posted not less than fifteen days next preceding the sale in at least five public places in the township or municipal corporation where the sale is to take place; (3) By both forms of advertisement specified in divisions (A)(1) and (2) of ... |
Section 2113.42 | Report of sale.
...irty days after any public or private sale of the personal property of an estate, the executor or administrator shall make a report of the sale to the probate court. The report shall include proof of proper notice of the sale if it was at a public auction, and, if a clerk was employed for the sale, the report shall be accompanied by a sale bill signed by the clerk. |
Section 2113.43 | Credit.
...d by notes or bonds with two or more sureties and approved by the executor or administrator. An executor or administrator shall not be responsible for loss due to the insolvency of the purchaser of any of such property if it appears that such executor or administrator acted with caution in extending credit pursuant to the authority of the court and has diligently tried to collect such notes and bonds. |
Section 2113.44 | Sale of notes secured by mortgage.
...the mortgage securing such notes at not less than the face value thereof with accrued interest. |
Section 2113.45 | Mortgaged premises to be considered personal assets - possession.
...ion of the premises by open and peaceable entry or by action, as the deceased might have done if living. |
Section 2113.46 | Who may discharge mortgage.
... the executor or administrator shall release and discharge the mortgage. Until that redemption, if the executor, administrator, or decedent has taken possession of the mortgaged premises, the executor or administrator shall be seized of the mortgaged premises in trust for the same persons who would be entitled to the money if the premises had been redeemed. |
Section 2113.47 | Foreclosure of mortgage.
...A mortgage belonging to an estate may be foreclosed by the executor or administrator. |
Section 2113.48 | Action to complete contract to sell land.
... in real property dies before its completion, the executor or administrator of the decedent's estate, if not required to otherwise dispose of the contract, may, with the consent of the purchaser, obtain authority to complete the contract by filing an application for that authority in the probate court of the county in which the executor or administrator was appointed. Notice of the time of hearing on the appli... |