Ohio Revised Code Search
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Section 2113.33 | Not responsible for bad debts.
... to the decedent, if it appears to the probate court that, without the executor's or administrator's fault, they remain uncollected. |
Section 2113.34 | Chargeable with property consumed.
...If an executor or administrator neglects to sell personal property that is required to be sold, and retains, consumes, or disposes of it for 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. |
Section 2113.35 | Commissions.
...ll their ordinary services. (D) If the probate court finds, after a hearing, that an executor or administrator, in any respect, has not faithfully discharged the duties as executor or administrator, the court may deny the executor or administrator any compensation whatsoever or may allow the executor or administrator the reduced compensation that the court thinks proper. |
Section 2113.36 | Further allowance - counsel fees.
...an executor or administrator, that the probate court considers just and reasonable shall be made for actual and necessary expenses and for extraordinary services not required of an executor or administrator in the common course of the executor's or administrator's duties. Upon the application of an executor or administrator for further allowances for extraordinary services rendered, the court shall review bo... |
Section 2113.37 | Allowance for tombstone and cemetery lot.
...The probate court, in settlement 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 ... |
Section 2113.39 | Sale of property under authority of will.
...y, no order shall be required from the probate court for the executor, administrator, or testamentary trustee to proceed with the sale. A power to sell authorizes a sale for any purpose considered by the executor, administrator, or testamentary trustee to be for the best interest of the estate, unless the power is expressly limited by the will or devise. |
Section 2113.40 | Sale of personal property.
...t of an executor or administrator, the probate court, if satisfied that it would be for the best interests of the estate, may authorize the executor or administrator to sell at public or private sale, at a fixed price or for the best price obtainable, and for cash or on the terms that the court may determine, any part or all of the personal property belonging to the estate, except the following: (1) Property ... |
Section 2113.41 | Public sale.
...n and, unless otherwise directed by the probate 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 townshi... |
Section 2113.42 | Report of sale.
... 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. |
Section 2113.43 | Credit.
... the personal property of an estate the probate court may authorize the executor or administrator to sell on credit, the unpaid purchase price to be secured by notes or bonds with two or more sureties and approved by the executor or administrator. An executor or administrator shall not be responsible for loss due to the insolvency of the purchaser of any of such property if it appears that such executor or administra... |
Section 2113.44 | Sale of notes secured by mortgage.
...An executor or administrator, without court order, may sell and transfer, without recourse, any promissory notes secured by mortgage and the mortgage securing such notes at not less than the face value thereof with accrued interest. |
Section 2113.45 | Mortgaged premises to be considered personal assets - possession.
...emises in the mortgagee's or assignee's lifetime, the executor or administrator of the estate of the deceased mortgagee or assignee may take possession of the premises by open and peaceable entry or by action, as the deceased might have done if living. |
Section 2113.46 | Who may discharge mortgage.
...In case of the redemption of a mortgage belonging to the estate of a decedent, the money paid on the redemption shall be received by the executor or administrator, and the executor or administrator shall release and discharge the mortgage. Until that redemption, if the executor, administrator, or decedent has taken possession of the mortgaged premises, the executor or administrator shall be seized of the mortga... |
Section 2113.47 | Foreclosure of mortgage.
...A mortgage belonging to an estate may be foreclosed by the executor or administrator. |
Section 2113.48 | Action to complete contract to sell land.
... application for that authority in the probate court of the county in which the executor or administrator was appointed. Notice of the time of hearing on the application shall be given to the surviving spouse and heirs, if the decedent died intestate, and to the surviving spouse and devisees or legatees having an interest in the contract, if the decedent died testate. If the court is satisfied that it would be... |
Section 2113.49 | Court may order alteration or cancellation of contract.
...or cancellation of the contract in the probate court of the county in which the executor or administrator was appointed, or in which the real property or any part of it is situated. If the decedent died intestate, the surviving spouse and heirs, and if the decedent died testate, the surviving spouse and devisees or legatees having an interest in the contract, if not the plaintiffs, shall, together with the pur... |
Section 2113.50 | Completion of decedent's contract to buy land.
...hority to complete the contract in the probate court of the county in which the executor or administrator was appointed. Notice of the time of the hearing on the application shall be given to the surviving spouse and heirs, if the decedent died intestate, and to the surviving spouse and devisees or legatees having an interest in the contract, if the decedent died testate, to the executor or administrator, if n... |
Section 2113.51 | Property may be delivered to legatee.
...The property of an estate that is specifically bequeathed may be delivered over to the legatee entitled to the property. The legatee shall secure its redelivery on demand to the executor or administrator. Otherwise, the property shall remain in the possession or under the control of the executor or administrator to be distributed or sold, as required by law and the condition of the estate. |
Section 2113.52 | Devisee takes subject to tax lien - exoneration of mortgage lien.
...(A) A devisee taking real property under a devise in a will, unless the will otherwise provides, or an heir taking real property under the statutes of descent and distribution shall take the real property subject to all taxes, penalties, interest, and assessments that are a lien against that real property. (B) If real property devised in a will is subject to a mortgage lien that exists on the date of the test... |
Section 2113.53 | Distribution of assets of estate.
... the claims in a manner approved by the probate court. Each claimant for whom assets are to be set aside shall be given notice, in the manner as the court shall order, of the hearing upon the application to set aside assets and shall have the right to be fully heard as to the nature and amount of the assets to be set aside for payment of the claim and as to all other conditions in connection with the claim. In any c... |
Section 2113.531 | General legacies - interest.
...General legacies shall bear no interest unless specifically provided in the will. |
Section 2113.54 | Distribution upon application of legatee or distributee.
...legatee or distributee may apply to the probate court for an order requiring the executor or administrator to distribute the assets of the estate, either in whole or in part, in cash or in kind. Upon notice to the executor or administrator, the court shall inquire into the condition of the estate, and if all claims have been paid, or adequate provision has been or can be made for their payment, the court shall ... |
Section 2113.55 | Distribution in kind.
...trator shall obtain the approval of the probate court or the consent of all of the legatees or distributees whose interests may be affected by such distribution. A distribution in kind may be made to any beneficiary, including an executor, administrator, trustee, guardian, and the surviving spouse. |
Section 2113.56 | Executor or administrator not liable.
...An executor or administrator is not liable for any distribution made in compliance with sections 2113.53, 2113.54, and 2113.55 of the Revised Code, except that an order of distribution made pursuant to any of such sections may be vacated as provided in section 2109.35 of the Revised Code relating to accounts. |
Section 2113.58 | Protection of remainderman's interest in personal property.
...emainder 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 require... |