Ohio Revised Code Search
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Section 2127.10 | Action to sell real property.
...ssary to constitute the cause of action under the section of the Revised Code on which the action is predicated. |
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Section 2127.11 | Summary proceeding if value of land less than $3,000.
... or ward's real property to be sold is less than three thousand dollars, and the court so finds, it may by summary order authorize the sale and conveyance of the real property at private sale, on the terms that it considers proper, and in that proceeding, all requirements of sections 2127.01 to 2127.43 of the Revised Code, as to service of summons, appraisal, and additional bond, shall be waived. |
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Section 2127.12 | Necessary parties in sale by executor or administrator.
...aside, all persons holding or claiming under the transfer; (F) All other persons having an interest in the real property. |
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Section 2127.13 | Necessary parties in sale by guardian.
...erest in the real property, other than creditors. |
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Section 2127.14 | Service of summons.
...earance or consents in writing to the sale, service on that person shall not be necessary. If all parties consent in writing to the sale, an order for the sale may issue forthwith. |
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Section 2127.15 | Pleadings and procedure.
...ity to sell the real property of a decedent or a ward in the probate court shall be the same as in other civil actions, except as otherwise provided in sections 2127.01 to 2127.43 of the Revised Code. |
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Section 2127.16 | Sale to be free of dower.
...just and reasonable value of the dower, unless the answer of the person waives that allowance. |
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Section 2127.17 | Costs when there are objections to granting order for sale.
...ther the complaint or the objection is unreasonable, it may award costs to the party prevailing on that issue. |
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Section 2127.18 | Equities and priorities.
...bution of the money arising from the sale in accordance with its determination. The court may in the same cause order contributions among all parties in interest. |
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Section 2127.19 | Release of liens.
...e the necessary order for an entry of release and satisfaction of all mortgages and other liens upon the real property except the mortgage that is assumed by the purchaser. The executor, administrator, or guardian shall enter the release and satisfaction, together with a memorandum of the title of the case, the character of the proceedings, and the volume and page of record where recorded, upon the record of th... |
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Section 2127.20 | Sale subject to mortgage.
...t of the mortgagee, may authorize the sale of lands subject to mortgage, but the giving of any such consent shall release the estate of the decedent or ward should a deficit later appear. |
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Section 2127.21 | Complaint of guardian to have land laid out in town lots.
...ardian's ward to sign, seal, and acknowledge the plat in that behalf for record. |
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Section 2127.22 | Appraisement may be dispensed with - new appraisement - appraisers.
...in the real property is fractional and undivided, and if a party requests and the court orders the entire interest in the real property to be sold, a new appraisement of the entire interest in the real property shall be ordered. If the relief requested is granted and new appraisement is ordered, the court shall appoint one, or on request of the executor, administrator, or guardian, not exceeding three judicio... |
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Section 2127.23 | Agreement of appraisers.
...y the order of the court. The appraisement shall be signed by the appraisers, and the officer to whom it is issued shall make return of it to the court for confirmation. |
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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. |
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Section 2127.25 | Compensation of appraisers.
...evised Code shall each be paid such compensation as the court thinks proper for services performed by them. |
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Section 2127.27 | Additional bond before sale.
...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, or guardian, and the distribution to be made of the proceeds arising from the sale. The bond shall be conditioned for the faithful discharge of the executor's, administrator's, or guard... |
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Section 2127.28 | Expense of sale.
...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, administrator, or guardian. |
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Section 2127.29 | Order of sale.
...ction 2127.27 of the Revised 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 o... |
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Section 2127.30 | Order of sale when an equitable estate is included.
...urt 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. |
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Section 2127.31 | Persons interested may give bond to prevent sale.
...itioned 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 until after the order of sale is granted, and the execu... |
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Section 2127.32 | Public or private sale.
... 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 interest of the ward or the estate, it may order a reappraisement and sale in parcels. If the sale is to be public, the executor, administrator, or guardian shall give notice of the time and p... |
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Section 2127.33 | Price at which real property may be sold.
...ted after one bona fide effort to sell under this section, or if in public sales the real property remains unsold for want of bidders when offered pursuant to advertisement, the court may fix the price for which the real property may be sold or may set aside the appraisement and order a new appraisement. If the new appraisement does not exceed five hundred dollars, and upon the first offer under the new apprai... |
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Section 2127.34 | Terms of sale.
...escribe 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. |
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Section 2127.35 | Confirmation of sale - deed.
...ied that the sale has in all respects been legally made, shall confirm the sale, and order the executor, administrator, or guardian to make a deed to the purchaser. The deed shall be received in all courts as prima-facie evidence that the executor, administrator, or guardian in all respects observed the direction of the court, and complied with the requirements of the law, shall convey the interest in the real... |