Ohio Revised Code Search
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Section 2113.58 | Protection of remainderman's interest in personal property.
... interest in the property, the probate court, unless the will otherwise provides, may authorize delivery of the personal property to the person having the limited estate, with or without bond, as the court may determine; or the court may order that the property be held by the executor or some other trustee, with or without bond, for the benefit of the person having the limited estate. If bond is required of the... |
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. |
Section 2113.61 | Application for certificate of transfer of real property.
...mary release from administration. (B) Subject to division (A)(2) of this section, the application for a certificate of transfer shall contain all of the following: (1) The name, place of domicile at death, and date of death of the decedent; (2) A statement whether the decedent died testate or intestate; (3) The reason the property is being transferred to the devisee or devisees; (4) Whether any spousal ele... |
Section 2113.62 | Record by county recorder.
...name of the 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. |
Section 2113.64 | Investment of unclaimed money.
...e court for the time being and shall be subject to the order of the judge and the judge's successors in office. |
Section 2113.65 | Disposition of investment.
... Revised Code shall file in the probate court a memorandum thereof, 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 intere... |
Section 2113.66 | Statute of limitations no defense.
...The statute of limitations shall not be set up as a defense or bar to an action against an executor or administrator who fails or neglects to comply with the requirements of sections 2113.64 and 2113.65 of the Revised Code. |
Section 2113.67 | Money paid to owner.
...the Revised Code satisfies the probate court of the person's right to receive it, the court shall order it to be paid over and transferred to the person. In case it has been turned into the treasury, the county auditor shall give to the person a warrant for the money upon the certificate of the probate judge. |
Section 2113.68 | Responsibility for safekeeping of evidences of title.
...The probate judge with whom the certificates or evidences of title required by section 2113.65 of the Revised Code are deposited and each succeeding judge to whom they come, and the judges' sureties, shall be responsible for their safekeeping and application, as provided in sections 2113.64 to 2113.67 of the Revised Code. |
Section 2113.69 | Newly discovered assets.
...dministrator shall file in the probate court an itemized report of those assets, with an estimate of their value, but shall not be required to make an inventory or appraisement of the assets unless ordered to do so by the court, either upon its own motion or upon the application of any interested party. |
Section 2113.70 | Suit against foreign executors and administrators.
...s, may be prosecuted in any appropriate court in this state in the capacity of executor or administrator. |
Section 2113.71 | Jurisdiction.
...The several probate courts, courts of common pleas, and superior courts have the same authority over foreign executors and administrators as if they were appointed in this state. |
Section 2113.72 | Proceedings against foreign executor or administrator.
...Any court of common pleas may compel a foreign administrator or executor residing in this state, or having assets or property in this state, to account at the suit of an heir, distributee, or legatee, who is resident in this state, and make distribution of the amount found in the possession or under the control of the foreign administrator or executor to the respective heirs, distributees, or legatees according... |
Section 2113.73 | Security for distributees and indemnification for sureties.
...istributees, heirs, or legatees, in any court of common pleas or probate court may compel the foreign administrator or executor to secure the amounts respectively due to them and any of the foreign administrator's or executor's sureties may require indemnity on account of their liability as bail. |
Section 2113.74 | Other remedies.
...administrator or executor. The probate court or the court of common pleas may make any order or decree touching a foreign executor's or administrator's property and effects, or the assets of the estate, necessary for the security of those interested in the property, effects, or assets. |
Section 2113.75 | Foreign executor or administrator may prosecute suit in this state.
...osecute an action or proceeding in any court in this state, in the capacity as executor or administrator, in the same manner and under the same restrictions as a nonresident is permitted to sue. |
Section 2113.81 | Holding money and property in trust for safe keeping for nonresidents of United States.
...utee, beneficiary of the trust, or the persons who may thereafter be entitled to the money or other property. The money or other property held in trust by the county treasurer or trustee shall be paid out by order of the probate judge in accordance with section 2113.82 of the Revised Code. The county treasury shall not be liable for interest on the money held in trust. |
Section 2113.82 | Orders to pay money and property held in trust for safe keeping for nonresidents of United States.
...the Revised Code satisfies the probate court of the person's right to receive it, the court shall order the county treasurer or the trustee to pay it over to the person. |
Section 2113.85 | Apportionment of tax definitions.
...t who is domiciled in this state. (B) "Person interested in the estate" means any person who is entitled to receive, or who has received, any property or property interest included in the decedent's estate. A "person interested in the estate" includes, but is not limited to, a personal representative, guardian, or trustee. A "person interested in the estate" does not include a creditor of the decedent or of the... |
Section 2113.86 | Apportionment of taxes.
...income of the estate or trust, unless a court directs a different apportionment of penalties or interest based on a finding that special circumstances make an apportionment as provided in this division inequitable. (I) If any part of an estate consists of property, the value of which is included in the gross estate of the decedent by reason of section 2044 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 N... |
Section 2113.861 | Apportionment of generation-skipping tax.
...Except as provided in section 5815.27 of the Revised Code, the generation-skipping transfer tax imposed by Chapter 13 of subtitle B of the Internal Revenue Code of 1986, 100 Stat. 2718, 26 U.S.C. 2601-2624, as amended, and the generation-skipping tax levied by division (B) of section 5731.181 of the Revised Code shall be apportioned in the manner described in section 2113.86 of the Revised Code. |
Section 2113.87 | Requesting court to determine apportionment of tax.
...portionment of a tax, may apply to the court that has jurisdiction of the estate and request the court to determine the apportionment of the tax. If there are no probate proceedings, the probate court of the county in which the decedent was domiciled at death, upon application by the fiduciary or any other person interested in the estate who objects to the manner of apportionment of a tax, shall determine the ... |
Section 2113.88 | Withholding or recovering amount of tax.
...aint to recover the tax in the probate court that has jurisdiction of the administration of the estate. (B) If the property held by the fiduciary is distributed prior to final apportionment of the tax, the distributee shall provide a bond or other security for the apportionment liability in the form and amount prescribed by the fiduciary, with the approval of the probate court that has jurisdiction of the ad... |
Section 2113.89 | Action to recover tax.
...hin the three-month period shall not be subject to any liability or surcharge because any portion of the tax apportioned to any person interested in the estate was collectible at a time following the death of the decedent but after that time became uncollectible. If, after making a reasonable attempt to collect the tax, the fiduciary cannot collect from any person interested in the estate the amount of the tax apport... |
Section 2113.90 | Action by foreign fiduciary or obligated person.
...tate or who owns property in this state subject to attachment or execution. For the purposes of the action brought pursuant to this section, the determination of apportionment by the court that has jurisdiction of the administration of the decedent's estate in the other state shall be prima-facie correct. (B) This section applies only if either of the following apply: (1) The other state affords a remedy substantia... |