Ohio Revised Code Search
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Section 2113.15 | Special administrator.
...When there is delay in granting letters testamentary or of administration, the probate court may appoint a special administrator to collect and preserve the effects of the deceased and grant the special administrator any other authority that the court considers appropriate. The special administrator shall collect the assets and debts of the deceased and preserve them for the executor or administrator who ther... |
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Section 2113.16 | Termination of powers of special administrator.
...r of a special administrator appointed under section 2113.15 of the Revised Code shall terminate and the special administrator shall transfer to the executor or administrator all the assets of the deceased in the possession or under the control of the special administrator. The special administrator shall file an account of the special administration within thirty days of the appointment of the executor or adm... |
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Section 2113.17 | Creditor's claims before Special Administrator.
... to a special administration appointed under section 2113.15 of the Revised Code. |
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Section 2113.18 | Removal of executor or administrator.
...here are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate. (B) The probate court may remove any executor or administrator upon motion of the surviving spouse, children, or other next of kin of the deceased person whose esta... |
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Section 2113.19 | Administrator de bonis non.
...When a sole executor or administrator dies without having fully administered the estate, the probate court shall grant letters of administration, with the will annexed or otherwise as the case requires, to some suitable person pursuant to section 2113.05 or 2113.06 of the Revised Code. That person shall administer the assets of the deceased not previously administered. |
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Section 2113.20 | Will proved after administration as of an intestate.
...first administration shall be revoked, unless before the revocation a complaint contesting the probate of the will is filed in the probate court. If a complaint of that nature is filed, the probate court may allow the administration to be continued by the original administrators until the final determination of the contest. If the will is sustained, the first administration shall be revoked. In either case, upo... |
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Section 2113.21 | Powers of executors, administrators, and testamentary trustees during a will contest.
...ee; (6) Advance or borrow money on the credit of the estate for the repairs, taxes, and insurance that shall be a charge on the estate; (7) Receive and receipt for a distributive share of an estate or trust to which the testator would have been entitled, if living. (B) The court may require additional bonds that from time to time seem proper. |
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Section 2113.22 | Proceedings against former executor or administrator.
... entitled to the possession of all the unadministered personal effects and assets of the estate and all other funds collected and unaccounted for by the former executor or administrator, and may maintain a suit against the former executor or administrator and the former executor's or administrator's sureties on the administration bond to recover those effects, assets, and funds and for all damages arising from ... |
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Section 2113.23 | Sales of former executor or administrator valid.
...ed invalid, or when an election to take under section 2105.06 of the Revised Code is made by or for a surviving spouse, all previous sales, leases, encumbrances, whether of real or personal property, made lawfully and in good faith by the executor or administrator, or administrator with the will annexed, and with good faith on the part of the purchasers, and all lawful acts done in the settlement of the estate or exe... |
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Section 2113.25 | Time frame for collection of assets and administration of estate; extensions.
...ix months after the date of appointment unless an extension of the time to file a final and distributive account is authorized under division (B) of section 2109.301 of the Revised Code. For good cause shown, the court may grant an extension of the time to file the inventory and accounts. |
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Section 2113.26 | Examination of executor or administrator.
...cutor or administrator under oath in open court on any matter relating to the administration of the estate. |
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Section 2113.30 | Continuing decedent's business.
...nt of that executor or administrator, unless the probate court directs otherwise, and for any further time that the court may authorize upon a hearing and after notice to the surviving spouse and distributees. In either case, no debts incurred or contracts entered into shall involve the estate beyond the assets used in that business immediately prior to the death of the decedent without first obtaining the appr... |
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Section 2113.31 | Responsibility of executor or administrator.
...stered, although not included in the inventory required by section 2115.02 of the Revised Code. The executor or administrator is also chargeable with all the proceeds of personal property and real property sold for the payment of debts or legacies, and all the interest, profit, and income that in any way comes into the possession or under the control of the executor or administrator from the personal property o... |
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Section 2113.311 | Management and rental of real property by executor or administrator.
...inistrator, or an heir or devisee may, unless the will otherwise provides, make application to the probate court for an order authorizing the executor or administrator to assume those duties. The application shall contain the following: (1) A brief statement of the facts upon which the application is based and any other pertinent information that the court may require; (2) A description or identification of ... |
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Section 2113.32 | Executors and administrators not to profit.
...No profits shall be made by executors or administrators by the increase of any part of an estate, nor shall they sustain any loss by the decrease or destruction of such estate without their fault. |
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Section 2113.33 | Not responsible for bad debts.
...trator is not accountable for debts inventoried as due to the decedent, if it appears to the probate court that, without the executor's or administrator's fault, they remain uncollected. |
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Section 2113.34 | Chargeable with property consumed.
...the executor's or administrator's own benefit, the executor or administrator shall be charged with the personal property at double the value affixed to the property by the appraisers. |
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Section 2113.35 | Commissions.
...ration and that would have been includable for purposes of computing the Ohio estate tax, except joint and survivorship property, had the decedent died on December 31, 2012, so that section 5731.02 of the Revised Code applied to the estate. (C) The basis of valuation for the allowance of the fees on real property sold shall be the gross proceeds of sale, and for all other property the fair market value of the other ... |
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Section 2113.36 | Further allowance - counsel fees.
... time during administration fix the amount of those fees and, on application of the executor or administrator or the attorney, shall fix the amount of the fees. If provision is made by the will of the deceased for compensation to an executor, the amount provided shall be a full satisfaction for the executor's or administrator's services, in lieu of the fees or share of the fees, unless by an instrument filed i... |
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Section 2113.37 | Allowance for tombstone and cemetery lot.
...ettlement of an account, may allow as a credit to the following persons a just amount expended by the person for a tombstone or monument for the deceased and a just amount paid by the person to a cemetery association or corporation as a perpetual fund for caring for and preserving the lot on which the deceased is buried: (A) An executor; (B) An administrator; (C) A person with the right of disposition under secti... |
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Section 2113.39 | Sale of property under authority of will.
...e 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.
...hall be given to the surviving spouse, unless the surviving spouse consents to the sale or waives notice of the sale. The notice shall not be required as to perishable property. (C) The court may permit the itemized list of personal property being sold to be incorporated in documents and records relating to the sale, by reference to other documents and records that have been filed in the court, provided that a... |
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Section 2113.41 | Public sale.
... court, after notice of the sale has been given by any of the following methods: (1) By advertisement appearing at least three times in a newspaper of general circulation in the county during a period of fifteen days next preceding the sale; (2) By advertisement posted not less than fifteen days next preceding the sale in at least five public places in the township or municipal corporation where the sale is t... |
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Section 2113.42 | Report of sale.
...irty days after any public or private sale of the personal property of an estate, the executor or administrator shall make a report of the sale to the probate court. The report shall include proof of proper notice of the sale if it was at a public auction, and, if a clerk was employed 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. |