Ohio Revised Code Search
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Section 2123.03 | Service of summons.
...e Revised Code, the same proceedings, pleadings, and rule days as in civil actions in the court of common pleas shall apply. All parties defendant who are known to be residents of the state and whose places of residence are known shall be served with summons, as provided for the service of summons in civil actions in that court. |
Section 2123.04 | Service by publication.
...n civil actions in the court of common pleas. |
Section 2123.05 | Finding and order.
...r next of kin of the decedent, and entitled by the laws of this state to inherit the estate of the deceased, or the devisees or legatees named or unnamed in the will. The finding and adjudication shall be entered on the journal of the court, which entry, or a certified copy of the entry, shall be primafacie evidence of the facts found. |
Section 2123.06 | Other persons may ask for determination.
... than an executor or administrator to determine who are or were the heirs at law of a deceased person, on the complaint of any interested party and proceedings similar to those set forth in sections 2123.01 to 2123.05 of the Revised Code, the probate court may make a determination of who are or were the heirs at law of the deceased person. |
Section 2123.07 | Effect of determination.
...om such determined interest, and the title to any property thereupon purchased from such fiduciary shall be free from such determined interest. |
Section 2125.01 | Action for wrongful death.
... a person is caused by wrongful act, neglect, or default which would have entitled the party injured to maintain an action and recover damages if death had not ensued, the person who would have been liable if death had not ensued, or the administrator or executor of the estate of such person, as such administrator or executor, shall be liable to an action for damages, notwithstanding the death of the person injured ... |
Section 2125.02 | Parties - damages.
...oss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent; (4) Loss of prospective inheritance to the decedent's heirs at law at the time of the decedent's death; (5) The mental anguish incurred by the surviving spouse, dependent children, ... |
Section 2125.03 | Distribution to beneficiaries.
...resentative for that beneficiary be deposited in trust for the benefit of that beneficiary, until the beneficiary reaches twenty-five years of age, and order the distribution of the amount in accordance with the provisions of the trust. Prior to appointment as a trustee of a trust created pursuant to this section, the person to be appointed shall be approved by each adult beneficiary and by the guardian of each minor... |
Section 2125.04 | New action.
...In every civil action for wrongful death that is commenced or attempted to be commenced within the time specified by division (F)(1) or (F)(2)(c), (d), (e), (f), or (g) of section 2125.02 of the Revised Code, if a judgment for the plaintiff is reversed or the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the personal representative of the pla... |
Section 2127.01 | Sale of lands by executors and administrators.
...All proceedings for the sale of lands by executors, administrators, and guardians shall be in accordance with section 2127.01 to 2127.43, inclusive, of the Revised Code, except where the executor has testamentary power of sale, and in that case the executor may proceed under such sections or under the will. |
Section 2127.011 | Disposition of real property.
...s provided by law or in the will and unless expressly prohibited by the will, an executor or administrator may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real property belonging to the estate at any time at prices and upon terms that are consistent with this section and may execute and deliver deeds and other instruments of conveyance if ... |
Section 2127.012 | Disposal of real estate.
... estate may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real estate belonging to the estate at any time, at prices, and upon terms that are consistent with this section, and may execute and deliver deeds and other instruments of conveyance if all of the following conditions are met: (1) The ward's spouse and all persons entitled to the next est... |
Section 2127.02 | Payment of debts.
... pay all the debts of the decedent, together with the allowance for support to the surviving spouse, minor children, or surviving spouse and minor children of the decedent as provided in section 2106.13 of the Revised Code, and the costs of administering the estate, the executor or administrator shall commence a civil action in the probate court for authority to sell the decedent's real property. |
Section 2127.03 | Payment of legacies.
...upon its own motion or upon motion by a creditor or legatee, shall order the executor, administrator, or administrator with the will annexed to commence such an action, and proceed in the manner prescribed in this chapter. |
Section 2127.04 | Action for authority to sell real property.
... twenty-five per cent. (c) The court determines that the sale is in the best interest of the decedent's estate. (2)(a) No person's interest in the interest of the decedent in the real property proposed to be sold exceeds ten per cent. (b) Prior to the issuance of the order, no written objection is filed with the court by any person or persons who hold aggregate interests in the interest of the decedent in the... |
Section 2127.05 | Guardian may sell.
...d is suffering unavoidable waste, or a better investment of its value can be made, or whenever it appears that a sale of the real property will be for the benefit of the ward or the ward's children, the guardian of the person and estate or of the estate only of a minor,incompetent adult, or other person under disability may commence a civil action in the probate court for authority to sell all or any part of the real... |
Section 2127.06 | Successor fiduciary shall complete sale proceedings.
...action and may convey real property, whether sold before or after the successor fiduciary's appointment. The successor fiduciary may also be required to give an additional bond. |
Section 2127.07 | Real property subject to sale.
...s brought, including coal, iron ore, limestone, fireclay, or other mineral upon or under the real property, or the right to mine them, may be sold by an executor, administrator, or guardian under sections 2127.01 to 2127.43 of the Revised Code. This section does not give an executor or administrator with the will annexed authority to sell real property for the payment of legacies, other than as charged by the ... |
Section 2127.08 | Fractional interests - sale of entire interest.
...r may, by pleading filed in the cause setting forth all interests in the property and liens on the property, require that the action include the entire interest in the property, and the owner of the interests and liens shall receive the owner's respective share of the proceeds of sale after payment has been made of the expenses of sale including reasonable attorney fees for services in the case. Those fees shal... |
Section 2127.09 | Venue.
...n which the real property subject to sale or any part of the property is situated. If the action is brought in a county other than that in which the real property or a part of the property is situated, a certified transcript of the record of all proceedings had in that county shall be filed with and recorded by the probate court of each county in which the real property or any part of the property is situated. |
Section 2127.10 | Action to sell real property.
...owing the reason or necessity for the sale, and any additional facts necessary to constitute the cause of action under the section of the Revised Code on which the action is predicated. |
Section 2127.11 | Summary proceeding if value of land less than $3,000.
... or ward's real property to be sold is less than three thousand dollars, and the court so finds, it may by summary order authorize the sale and conveyance of the real property at private sale, on the terms that it considers proper, and in that proceeding, all requirements of sections 2127.01 to 2127.43 of the Revised Code, as to service of summons, appraisal, and additional bond, shall be waived. |
Section 2127.12 | Necessary parties in sale by executor or administrator.
... a fraudulent transfer is sought to be set aside, all persons holding or claiming under the transfer; (F) All other persons having an interest in the real property. |
Section 2127.13 | Necessary parties in sale by guardian.
...erest in the real property, other than creditors. |
Section 2127.14 | Service of summons.
...earance or consents in writing to the sale, service on that person shall not be necessary. If all parties consent in writing to the sale, an order for the sale may issue forthwith. |