Ohio Revised Code Search
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Section 2113.39 | Sale of property under authority of will.
...property, no order shall be required from the probate court for the executor, administrator, or testamentary 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. |
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Section 2113.40 | Sale of personal property.
... at public or private sale, at a fixed price or for the best price obtainable, and for cash 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 debt... |
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Section 2113.41 | Public sale.
...e fees and charges shall be deducted from the proceeds of the sale. The court for good cause may extend the time for sale. |
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Section 2113.42 | Report of sale.
...ed for the sale, the report shall be accompanied by a sale bill signed by the clerk. |
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Section 2113.43 | Credit.
...e 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. |
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Section 2113.44 | Sale of notes secured by mortgage.
...l and transfer, without recourse, any promissory notes secured by mortgage and the mortgage securing such notes at not less than the face value thereof with accrued interest. |
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Section 2113.45 | Mortgaged premises to be considered personal assets - possession.
...es in the mortgagee's or assignee's lifetime, the executor or administrator of the estate of the deceased mortgagee or assignee may take possession of the premises by open and peaceable entry or by action, as the deceased might have done if living. |
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Section 2113.46 | Who may discharge mortgage.
...gage belonging to the estate of a decedent, the money paid on the redemption shall be received by the executor or administrator, and 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... |
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Section 2113.47 | Foreclosure of mortgage.
...A mortgage belonging to an estate may be foreclosed by the executor or administrator. |
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Section 2113.48 | Action to complete contract to sell land.
...inistrator was appointed. Notice of the time of hearing on the application shall be given to the surviving spouse and heirs, if the decedent died intestate, and to the surviving spouse and devisees or legatees having an interest in the contract, if the decedent died testate. If the court is satisfied that it would be for the best interests of the estate, it may authorize the executor or administrator to complet... |
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Section 2113.49 | Court may order alteration or cancellation of contract.
...rest 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 file a complaint for the alteration or cancellation of the contract in the probate court of the county in which the executor or administrator was appointed, or in which the real property or any part of it is situated. If the decedent died intestate,... |
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Section 2113.50 | Completion of decedent's contract to buy land.
... extent of any portion of the purchase price paid by them. The executor or administrator, surviving spouse, any heir, or any devisee or legatee having an interest in the contract, may file a complaint for the alteration or cancellation of the contract in the probate court of the county in which the executor or administrator was appointed. If the decedent died intestate, the surviving spouse and heirs, and if ... |
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Section 2113.51 | Property may be delivered to legatee.
...ed may be delivered over to the legatee entitled to the property. The legatee shall secure its redelivery on demand to the executor or administrator. Otherwise, the property shall remain in the possession or under the control of the executor or administrator to be distributed or sold, as required by law and the condition of the estate. |
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Section 2113.52 | Devisee takes subject to tax lien - exoneration of mortgage lien.
...real property under the statutes of descent and distribution shall take the real property subject to all taxes, penalties, interest, and assessments that are a lien against that real property. (B) If real property devised in a will is subject to a mortgage lien that exists on the date of the testator's death, the person taking the real property under the devise has no right of exoneration for the mortgage lie... |
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Section 2113.53 | Distribution of assets of estate.
... to return the assets or the proceeds from the assets to the estate if they are necessary to satisfy the share of a surviving spouse who elects to take against the will pursuant to section 2106.01 of the Revised Code or if the will is set aside. (B) After distribution pursuant to division (A) of this section, a distributee shall be personally liable to a claimant who presents a valid claim within the time set forth ... |
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Section 2113.531 | General legacies - interest.
...General legacies shall bear no interest unless specifically provided in the will. |
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Section 2113.54 | Distribution upon application of legatee or distributee.
...hs or in suit, and each claimant for whom assets are to be set aside shall be entitled to be fully heard as to the nature and amount of the assets to be set aside for payment of the claim and as to all other conditions in connection with the claim. Each legatee or distributee receiving distribution from the estate shall be liable to return the assets distributed to the legatee or distributee, or the proceeds fr... |
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Section 2113.55 | Distribution in kind.
...pproval of the probate court or the consent of all of the legatees or distributees whose interests may be affected by such distribution. A distribution in kind may be made to any beneficiary, including an executor, administrator, trustee, guardian, and the surviving spouse. |
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Section 2113.56 | Executor or administrator not liable.
...ot liable for any distribution made in compliance with sections 2113.53, 2113.54, and 2113.55 of the Revised Code, except that an order of distribution made pursuant to any of such sections may be vacated as provided in section 2109.35 of the Revised Code relating to accounts. |
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Section 2113.58 | Protection of remainderman's interest in personal property.
...it may be required by the court at any time prior to the termination of the limited estate. |
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Section 2113.59 | Lien on share of beneficiary.
...When a beneficiary of an estate is indebted to such estate, the amount of the indebtedness if due, or the present worth of the indebtedness if not due, may be set off by the executor or administrator against any testate or intestate share of the estate to which such beneficiary is entitled. |
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Section 2113.61 | Application for certificate of transfer of real property.
...5310. of the Revised Code is excepted from the application requirement. Cases in which an order has been made under section 2113.03 of the Revised Code relieving an estate from administration and in which the order directing transfer of real property to the person entitled to it may be substituted for the certificate of transfer also are excepted from the application requirement. (2) In accordance with divisi... |
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Section 2113.62 | Record by county recorder.
...decedent as grantor and the person to whom the real property passes as grantee in the indexes provided for in section 317.18 of the Revised Code. |
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Section 2113.64 | Investment of unclaimed money.
... the probate judge of the court for the time being and shall be subject to the order of the judge and the judge's successors in office. |
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Section 2113.65 | Disposition of investment.
..., with the original certificates or evidences of title representing such investment, which shall be allowed as a sufficient voucher for such payment under the order or decree. If the amount is unclaimed at the end of the period of such investment, it shall be turned into the county treasury and credited to the general fund, without liability for interest thereon. The receipt of the county treasurer taken for it and f... |