Ohio Revised Code Search
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Section 2127.29 | Order of sale.
...When the bond required by section 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... |
Section 2127.30 | Order of sale when an equitable estate is included.
...If the order of sale set forth in section 2127.29 of the Revised Code includes real property in which the ward or the estate 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, h... |
Section 2127.31 | Persons interested may give bond to prevent sale.
... in a sum 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 gi... |
Section 2127.32 | Public or private sale.
...The real property included in the court's order of sale, as provided in section 2127.29 of the Revised Code, shall be sold either in whole or in parcels at public auction at the door of the courthouse in the county in which the order of sale was granted, or at another place, as the court directs, and the order shall fix the place, day, and hour of sale. If it appears to be more for the interest of the ward or t... |
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.
... sale of 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.
...eyed by the deceased in the deceased'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.
...ing interest 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 ... |
Section 2127.37 | Compensation of executor, administrator, or guardian.
...e compensation 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.
...ding reasonable fees to be fixed by the probate court for services performed by attorneys for the fiduciary in connection with the sale, and compensation, if any, to the fiduciary for services in connection with the sale as the court may fix, which costs, expenses, fees, and compensation shall be paid prior to any liens upon the real property sold and notwithstanding the purchase of the real property by a lien ... |
Section 2127.39 | When proceeds of sale marshaled in conformity with will.
...ovision 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.
...rred by the decedent in the decedent's lifetime with intent to defraud the decedent's creditors, except that real property fraudulently transferred cannot be taken from any person who purchased them for a valuable consideration, in good faith, and without knowledge of the fraud. No claim to that real property shall be made unless within four years next after the decease of the grantor. If real property fraudu... |
Section 2127.41 | Proceeds arising from partition of real property may be reached by the executor or administrator.
... shall make 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, ... |
Section 2127.42 | Sale of lands of foreign wards.
...ardians, 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.
...This chapter extends to an action brought by 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.
...administration 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.
...e an authenticated copy of them in the probate court of any county of this state in which is located real property of the decedent. The claim of 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 c... |
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.
...When a nonresident decedent leaves property in Ohio, ancillary administration proceedings may be had upon application of any interested person in any county in Ohio in which is located property of the decedent, or in which a debtor of such decedent resides. Such applicant may or may not be a creditor of the estate. The ancillary administration first granted shall extend to all the estate of the deceased within the st... |
Section 2129.05 | Foreign wills.
...state, may 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 ... |
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. |
Section 2129.07 | Proceedings to admit foreign will to record.
...rritories of the United States, and the probate of that will shall be produced by the executor, or by a person interested in the will, to the probate court of the county in which there is any estate upon which the will may operate. The court then shall continue the application to admit it to probate for two months. Notice of the filing of the application shall be given to all persons interested in the will, in a publ... |
Section 2129.08 | Appointment of ancillary administrator.
... and after there has been filed in the probate court a complete exemplification of the record of the grant of the domiciliary letters of appointment and of any other records of the court of domiciliary administration that the court requires, the court shall appoint as the ancillary administrator the person named in the will, or nominated in accordance with any power of nomination conferred in the will, as gener... |
Section 2129.10 | Procedure.
...Except as otherwise provided in this chapter, the procedure in ancillary administration shall be the same as in the administration of the estates of resident decedents. |
Section 2129.11 | No domiciliary administration.
...If no domiciliary administration has been commenced, the ancillary administrator shall proceed with the administration in this state as though the decedent had been a resident of this state at the time of the decedent's death. |