Ohio Revised Code Search
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Section 2117.03 | Disinterested person to represent estate.
...ecutor or administrator to make available to the attorney, for use in connection with the proceeding, all documents belonging to the estate relating to the subject matter of the claim. |
Section 2117.04 | Appeal from final order or judgment.
...Upon the hearing as to the allowance of an executor'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.
...tor for authority to compromise and settle a claim 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 inter... |
Section 2117.06 | Presentation and allowance of creditor's claims - pending action against decedent.
...r certificate of termination has been filed, in a writing to those distributees of the decedent's estate who may share liability for the payment of the claim. (B) Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that... |
Section 2117.061 | Notice of receipt of medicaid benefits to administrator of estate recovery program.
...ry program shall submit a properly completed medicaid estate recovery notice form to the administrator of the medicaid estate recovery program not later than thirty days after the occurrence of any of the following: (1) The granting of letters of administration or letters testamentary; (2) The filing of an application for release from administration or summary release from administration. (C) The person respo... |
Section 2117.07 | Acceleration of bar against claims of potential claimants.
...An executor or administrator may accelerate 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... |
Section 2117.08 | Authentication of claims.
...imant's knowledge. The affidavit shall set forth any security held for the payment of the claim and, if the claim is not due, the date of maturity. If the claim arises out of tort, or if preference in payment is claimed, the facts in connection with the alleged tort or showing the right to that preference shall be briefly set forth. |
Section 2117.09 | Disputed claims.
...bate court of the county in which the letters testamentary or of administration were issued, the judge shall docket the cause and make an order referring the matter in controversy to the referees selected. The referees shall proceed to hear and determine the matter and make their report to the court. The referees shall have the same powers and be entitled to the same compensation and the same proceedings shal... |
Section 2117.10 | Failure of lienholder to present claim.
...der of a valid 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.
...ven 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 rejected if the executor or administrator, or a distributee who receives the presentation of a claim as provided in division (A)(2) of section 211... |
Section 2117.12 | Action on rejected claim barred.
... part of the debt that was rejected becomes due, or be forever barred from maintaining an action on the claim or part 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 th... |
Section 2117.13 | Claims rejected on requisition of heir, devisee, or creditor.
...xecutor 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 rejection shall inform the claimant of the filing of the r... |
Section 2117.14 | Parties to action on claim rejected on requisition.
...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.
...e insolvency. In case of insolvency, a creditor who has been paid according to law shall not be required to make any refund. |
Section 2117.17 | Hearing allowing and classifying claims.
... the notice also shall be given to all creditors and claimants whose claims have been rejected and whose rights have not been finally determined by judgment, reference, or lapse of time. (B) The notice required by this section shall state that a hearing concerning the debts has been scheduled, shall set forth the time and place of the hearing, and shall state that the action of the executor or administrator in... |
Section 2117.18 | Personal property taxes, penalties, and interest.
... return or because of a false or incomplete return for taxation shall be a debt of a decedent and have the same priority and be paid as other taxes. Those taxes, penalties, and interest shall be collectible out of the property of the estate either before or after distribution, by any means provided for collecting other taxes. No distribution or payment of inferior debts or claims shall defeat that collection, b... |
Section 2117.19 | No allowance to tax inquisitors.
...te, property omitted, or not listed or returned for taxation. |
Section 2117.25 | Order in which debts to be paid.
...n or fiduciary who pays a claim of any creditor described in division (A) of this section shall be subrogated to the rights of that creditor proportionate to the amount of the payment and shall be entitled to reimbursement for that amount in accordance with the priority of payments set forth in that division. (D)(1) Chapters 2113. to 2125. of the Revised Code, relating to the manner in which and the time withi... |
Section 2117.251 | Claim of funeral director arises after death - preneed funeral contracts.
...s lifetime has purchased an irrevocable preneed funeral contract pursuant to section 4717.34 of the Revised Code, then those provisions of section 2117.25 of the Revised Code that relate to the bill of a funeral director, including divisions (A) and (B) 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.
...endee, have priority as against general creditors of the deceased. |
Section 2117.28 | Debts not due.
...he creditor shall, if assets are available therefor, be paid by the executor or administrator according to the class to which they belong. If the debt does not bear interest before maturity, it shall be discounted at the legal rate of interest; otherwise the stipulated rate of interest shall be paid to time of payment. If a creditor whose claim is not due refuses to accept payment as provided in this section, the exe... |
Section 2117.29 | Beneficiary taking subject to mortgage.
... 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. |
Section 2117.30 | Suits against executor or administrator.
...ate court for the collection of the assets of the estate, except in the following cases: (1) On claims rejected in whole or in part; (2) For the enforcement of a lien against or involving title to specific property; (3) For the recovery of a claim that would not be affected by the insolvency of the estate; (4) On account of fraud, conversion, or concealment of assets; (5) Any other action as to which a dif... |
Section 2117.31 | Estate of deceased joint debtor.
...on shall not affect the rights of a surety, when certified as such, in a judgment rendered jointly against the surety and the surety's principal. |
Section 2117.33 | Claims previously barred.
...No law relating to limitation of actions against a new administrator shall revive a claim which is barred, during the continuance in office of the original executor or administrator, or of a former administrator de bonis non. |