Ohio Revised Code Search
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Section 2109.05 | Bond - trust created by will.
...rged, on the petition of an interested person and after notice to the trustee. If the trustee fails to give bond within the time ordered by the court, the court shall remove the trustee from the trust, or the trustee shall be considered to have declined it. |
Section 2109.06 | New or additional bond.
...The probate court that appoints a fiduciary may, on its own motion or on the application of any interested party, and after notice to the fiduciary, require a new bond or sureties or an additional bond or sureties whenever, in the opinion of the court, the interests of the trust demand it. Immediately upon the filing of the inventory by a fiduciary, the court shall determine whether the amount of the bond of t... |
Section 2109.07 | Bond conditions - administrator - when not required.
...ventory of all tangible and intangible personal property of the deceased that is to be administered and that comes to the administrator's possession or knowledge and an inventory of the deceased's interest in real property located in this state; (2) To administer and distribute according to law all tangible and intangible personal property of the deceased, the proceeds of any action for wrongful death or of an... |
Section 2109.08 | Bond conditions - special administrator.
...nventory of the tangible and intangible personal property of the deceased that has or may come to the special administrator's possession or knowledge; (B) To account for the tangible and intangible personal property of the deceased and for the debts of the deceased that the special administrator receives as special administrator, whenever required by the court, and deliver them to the person authorized to receive th... |
Section 2109.09 | Bond conditions - executor.
...ory of all the tangible and intangible personal property of the testator that is to be administered and that comes to the executor's possession or knowledge and an inventory of the testator's interest in real property located in this state; (2) To administer and distribute according to law and the will of the testator all the testator's tangible and intangible personal property, the proceeds of any action for ... |
Section 2109.10 | Bond when executor or administrator is sole residuary legatee or distributee.
... pay over the testator's estate to the person entitled to the testator's estate if the will is set aside; (C) If there is no will offered at the opening of the estate, to pay over the testator's estate to the person entitled to the testator's estate if a will is probated after the administrator's initial appointment. The giving of that bond shall not discharge the lien on the decedent's real property for the ... |
Section 2109.11 | Bond conditions - testamentary trustees.
... of all moneys, rights, credits, other personal property, and real property belonging to the trust that come to the trustee's possession or knowledge; (B) To administer and distribute according to law and the will of the testator all moneys, rights, credits, other personal property and real property belonging to the trust that come to the possession of the trustee or to the possession of any other person for ... |
Section 2109.12 | Bond conditions - guardians.
...y of all moneys, rights, credits, other personal property, and real property belonging to the ward that come to the guardian's possession or knowledge; (B) To administer and distribute according to law all moneys, rights, credits, other personal property, and real property belonging to the ward that come to the possession of the guardian or to the possession of any other person for the guardian; (C) To render ... |
Section 2109.13 | Deposit of personal property in lieu of bond.
..., association, credit union, or company subject to the order of the court, the court may fix or reduce the amount of the bond so that the amount of the penalty of the bond is determined with respect to the value of the remainder only of the estate or fund, without including the value of the personal property deposited. Neither the fiduciary nor the fiduciary's sureties shall be liable for any loss to the trust estate... |
Section 2109.14 | Deposit of works of art in museum authorized - reduction of bond.
...e property is held by that corporation subject to the order of the court. When the receipt is filed, the court may fix or reduce the amount of the bond so that the amount of the penalty of the bond is determined with respect to the value of the remainder only of the estate or fund, without including the value of the property deposited. Neither the fiduciary nor the fiduciary's sureties shall be liable for any l... |
Section 2109.15 | Informality of bond.
...No bond executed by a fiduciary shall be void or held invalid because of any informality in such bond or because of informality or illegality in the appointment of such fiduciary. Such bond shall have the same effect as if the appointment had been legally made and the bond executed in proper form. |
Section 2109.16 | One bond for two or more wards.
...ot one copy for each minor. The probate court approving and recording the bond of the guardian, if any, and issuing such letters shall charge the fees allowed by section 2101.16 of the Revised Code for such services. Such fees shall be charged but once for all the wards and not once for each ward. |
Section 2109.17 | Sureties.
... be required to exhibit to the probate court satisfactory evidence of the ownership of the real property. No corporate surety shall be acceptable on a fiduciary's bond in the probate court unless the surety is acceptable to the United States government on surety bonds in the same amount, as shown by the regulations issued by the secretary of the treasury of the United States, or in any other manner, to the sa... |
Section 2109.18 | Release of a fiduciary's sureties.
... application at any time to the probate court to be released from the bond of such fiduciary. Such surety shall file a written request therefor with the probate judge of such court and give at least five days' notice in writing to such fiduciary. If, upon the hearing, the court is of the opinion that there is good reason therefor, it shall release such surety. The death of a surety shall always be good cause. A fid... |
Section 2109.19 | Bond of indemnity to surety.
...ty on the fiduciary's bond the probate court granting letters of appointment to the fiduciary may order the fiduciary to render an account and to execute to the surety a bond of indemnity with sureties approved by the court. Upon neglect or refusal to execute the bond within the time ordered, the court may remove the fiduciary, revoke the fiduciary's letters of appointment, and appoint another fiduciary in the... |
Section 2109.20 | Guardian may give real property mortgage to secure bond.
...dian first shall furnish to the probate court a title guarantee or a mortgagee's title insurance policy for the benefit of the guardianship, with respect to the real property, and it shall be shown to the court's satisfaction that, exclusive of improvements on the real property, the real property is of a value sufficient to secure the bond. The mortgage shall be recorded in the county in which the property is s... |
Section 2109.21 | Residence qualifications of fiduciary.
...ot a resident of this state. (c) The court may require that a nonresident executor or trustee named in, or nominated pursuant to, a will assure that all of the assets of the decedent that are in the county at the time of the death of the decedent will remain in the county until distribution or until the court determines that the assets may be removed from the county. (d) The court may require a nonresident priv... |
Section 2109.22 | Marriage no disqualification for fiduciary.
...The marriage of any person does not disqualify the person from acting as fiduciary, whether the marriage occurs before or after the person's appointment and qualification, and all of the person's acts in that capacity shall have the same validity as though the person were unmarried. |
Section 2109.24 | Resignation or removal of fiduciary.
...ng at least fifteen days notice to the persons known to be interested in the estate. Upon notice or a motion of the fiduciary to resign, the court may set the matter for a hearing and may notify all interested persons. No fiduciary shall resign without an order of the court. If a fiduciary fails to make and file an inventory as required by sections 2109.58, 2111.14, and 2115.02 of the Revised Code or to rend... |
Section 2109.25 | Fiduciary in military service - removal and reinstatement.
... without notice or upon notice to those persons and in the manner that the court shall direct. If any of the duties of that office remain unexecuted when a fiduciary who has resigned or been removed on account of the fiduciary's military service ceases to be in that military service, the fiduciary shall be reappointed as fiduciary upon the fiduciary's application to the court and upon any notice that the cour... |
Section 2109.26 | Vacancy before termination of the trust - accounting - successor fiduciary.
... be filed by the fiduciary if a living person and able to act. If the fiduciary is a living person but unable to act, the final account shall be filed by the fiduciary's guardian or, if there is no guardian, by some other suitable person in the fiduciary's behalf, appointed or approved by the court. If the fiduciary is a deceased person, the final account shall be filed by the fiduciary's executor or administr... |
Section 2109.27 | Surviving fiduciaries.
...the probate court on the application of persons interested in the trust determines otherwise. The remaining fiduciaries shall within ninety days after the death, resignation, or removal of a cofiduciary, file in the court a complete account covering all matters to the time of such death, resignation, or removal. |
Section 2109.28 | Merger of fiduciaries.
...pon filing proof thereof in the probate court, and without a new appointment, succeed to the rights and duties of all predecessor companies, as fiduciary. A purchase of substantially all the assets and assumption of substantially all the liabilities is a merger for the purposes of sections 2109.01 to 2109.58, inclusive, of the Revised Code. In all cases of merger or consolidation the bond given by any predecessor fid... |
Section 2109.29 | Rights as to shares in corporation.
...rporation need not, unless ordered by a court, take notice of any duty of a fiduciary, or any restriction or limitation of the right, capacity, authority, or interest of such fiduciary, or see to the performance of any duty or requirement imposed upon such fiduciary by Chapters 2101. to 2131., inclusive, of the Revised Code, as to any of such corporation's shares of record in the name of or owned by such fiduciary or... |
Section 2109.30 | Accounts of fiduciaries.
...mentary trustee and other fiduciary not subject to sections 2109.301 and 2109.302 of the Revised Code shall render an account of the testamentary trustee's or other fiduciary's administration at the time and in the manner prescribed in section 2109.303 of the Revised Code. (B) An account showing complete administration before distribution of assets shall be designated "final account." An account filed subsequent to ... |