Ohio Revised Code Search
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Section 2127.24 | Vacancy in appraisers.
...If a person appointed by the court under section 2127.22 of the Revised Code as an appraiser fails to discharge the person's duties, the probate judge on the judge's own motion or on the motion of the executor, administrator, or guardian may appoint another appraiser. |
Section 2127.25 | Compensation of appraisers.
...l each be paid such compensation as the court thinks proper for services performed by them. |
Section 2127.27 | Additional bond before sale.
...ian to execute a bond with two or more personal sureties, or one or more corporate sureties, whose qualifications shall be those provided by section 2109.17 of the Revised Code. The bond shall be payable to the state in an amount that the court considers sufficient, having regard to the amount of real property to be sold, its appraised value, the amount of the original bond given by the executor, administrator... |
Section 2127.28 | Expense of sale.
...The probate court may, after notice to all parties in interest, allow a real estate commission in an action to sell real property by an executor, administrator, or guardian, but an allowance shall be passed upon by the court prior to the sale. The court may allow payment for certificate or abstract of title or policy of title insurance in connection with the sale of any real property by an executor, administr... |
Section 2127.29 | Order of sale.
...vised Code is filed and approved by the court, it shall order the sale of the real property included in the complaint set forth in section 2127.10 of the Revised Code, or the part of the real property it considers necessary for the interest of all parties concerned. If the complaint alleges that it is necessary to sell part of the real property, and that by the partial sale the residue of the real property, or ... |
Section 2127.30 | Order of sale when an equitable estate is included.
...ate has an equitable interest only, the court may make an order for the appraisement and sale of that equitable estate free from dower, for the indemnity of the estate against any claim for purchase money, and for payment of the value of the dower in money, as the court considers equitable, having regard for the rights of all parties in interest. |
Section 2127.31 | Persons interested may give bond to prevent sale.
...m with sureties approved by the probate court, conditioned to pay all debts and legacies found due from the estate, the charges of administration, and 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, insofar as the personal property of the decedent is insufficient. If the bond is not given unti... |
Section 2127.32 | Public or private sale.
...mplainant. Upon motion and showing of a person interested in the proceeds of the sale, filed after thirty days from the date of the order, the court may require the complainant to return the order, if the premises have not been sold. Upon return of the order, the court may order the real property to be sold at public sale. If upon showing of any person interested, the court finds that it will be to the interes... |
Section 2127.33 | Price at which real property may be sold.
...If the sale authorized by a court as provided in section 2127.32 of the Revised Code is private, the real property shall not be sold for less than the appraised value. If the sale is at public auction, the real property if improved shall not be sold for less than two thirds of the appraised value, or if not improved, for less than one half of the appraised value. In private sales if no sale has been effected af... |
Section 2127.34 | Terms of sale.
... real property, granted by the probate court in an action by an executor, administrator, or guardian, shall prescribe the terms of the sale, and payment of the purchase money, either in whole or in part, for cash, or on deferred payments. In the sales by executors or administrators, deferred payments shall not exceed two years with interest. |
Section 2127.35 | Confirmation of sale - deed.
...ed's lifetime, or by the ward free from disability, and by the owners of the remaining interests in the real property. |
Section 2127.36 | Security for deferred payments.
...rest at a rate approved by the probate court. If after the sale is made, and before delivery of the deed, the purchaser offers to pay the full amount of the purchase money in cash, the court may order that it be accepted, if for the best interest of the estate or the ward, and direct its distribution. The court in that order may also direct the sale, without recourse, of any or all of the notes taken for defe... |
Section 2127.37 | Compensation of executor, administrator, or guardian.
...sation provided by law, by the probate court from which the executor's or administrator's letters issued. If that action is by a guardian, the guardian's duties and obligations in the action shall be considered by the court appointing the guardian in awarding the compensation that the court considers reasonable. |
Section 2127.38 | Distribution of money received from sale of real property.
... judgments against the ward or deceased person, according to their respective priorities of lien, so far as they operated as a lien on the real property of the deceased at the time of the sale, or on the estate of the ward at the time of the sale, that shall be apportioned and determined by the court, or on reference to a master, or otherwise; (C)(1) In the case of an executor or administrator, the remaining p... |
Section 2127.39 | When proceeds of sale marshaled in conformity with will.
...that may require or induce the probate court to marshal the assets differently from the way the law otherwise would prescribe, those devises, or parts of the will, shall be set forth in the complaint, and a copy of the will exhibited to the court, whereupon the court shall marshal the proceeds of the sale accordingly, so far as it can be done consistently with the rights of creditors. |
Section 2127.40 | Sale by executor or administrator of real property fraudulently transferred by decedent.
...ime, may commence a civil action in the court of common pleas in the county in which the real property is situated to recover possession of it, or, in the action for its sale, the executor or administrator may allege the fraud and have the fraudulent transfer avoided. But when the real property is included in the complaint before the recovery of possession by the executor or administrator, the action shall be b... |
Section 2127.41 | Proceeds arising from partition of real property may be reached by the executor or administrator.
...ake a written statement to the probate court of the assets, indebtedness, expenses, and legacies, and the court shall ascertain the amount necessary to pay the debts, expenses, and legacies and give a certificate of the amount to the executor or administrator. The executor or administrator then shall present the certificate to the court in which the proceedings for partition are or have been pending, and, on ... |
Section 2127.42 | Sale of lands of foreign wards.
... if considered necessary by the probate court of the county in which the complaints are filed. |
Section 2127.43 | Sale of real property by trustees of nonresidents.
...y the trustee of a nonresident minor or person with a mental illness or mental impairment to sell the real property of the ward. |
Section 2129.01 | Record of extracounty and extrastate proceedings.
...ration proceedings filed in the probate court shall be admitted to record, docketed, and indexed in the same manner as local administration proceedings. |
Section 2129.02 | Proceedings by nonresident executor or administrator to bar creditor's claims.
... any creditor of that decedent shall be subject to section 2117.06 of the Revised Code. The person filing those letters in the probate court may accelerate the bar against claims against the estate established by that section, 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 court, states its mailing address, and ... |
Section 2129.03 | Delivery of personal property and payment of debts to nonresident executor or administrator.
...The money, debts, and other personal property located in Ohio belonging to a nonresident decedent may be delivered to the nonresident executor or administrator without further liability to the estate, provided the person delivering such money, debts, or other personal property has no knowledge of ancillary proceedings being had or having been had in Ohio. |
Section 2129.04 | Ancillary administration.
...l exclude the jurisdiction of any other court. |
Section 2129.05 | Foreign wills.
...ay be admitted to record in the probate court of a county where a part of that property is situated. The authenticated copies, so recorded, shall be as valid as wills made in this state. When such a will, or authenticated copy, is admitted to record, a copy of the will or of the authenticated copy, with the copy of the order to record it annexed to that copy, certified by the probate judge under the seal of the prob... |
Section 2129.06 | Will made outside the United States.
...A will executed, proved, and allowed in a country other than the United States and territories thereof, according to the laws of such foreign state or country, may be allowed and admitted to record in this state in the manner and for the purpose mentioned in sections 2129.07 to 2129.30, inclusive, of the Revised Code. |