Ohio Revised Code Chapter 2113 - Executors And Administrators - Appointment; Powers; Duties

• Section 2113.01 - What Court Shall Grant Letters.
  Upon the death of a resident of this state who dies intestate, letters of administration of the decedent's estate shall be granted by the...
• Section 2113.02 - [Repealed].
  Repealed by 129th General AssemblyFile No.52, SB 124, §2, eff. 1/13/2012. Effective Date: 10-07-1977
• Section 2113.03 - Court May Order Estate Released From Administration.
  (A) Subject to division (I) of this section, an estate may be released from administration under division (B) of this section if either of...
• Section 2113.031 - Summary Release From Administration.
  (A) As used in this section: (1) "Financial institution" has the same meaning as in section 5725.01 of the Revised Code. "Financial institution" also...
• Section 2113.04 - Payment Of Wages Of Deceased Employee Without Administration.
  (A) Any employer, including the state or a political subdivision, at any time after the death of an employee, may pay all wages or...
• Section 2113.041 - Request To Financial Institution To Release Account Proceed To Recover Costs Of Services.
  (A) The administrator of the medicaid estate recovery program established pursuant to section 5162.21 of the Revised Code may present an affidavit to a...
• Section 2113.05 - Letters Testamentary Shall Issue.
  When a will is approved and allowed, the probate court shall issue letters testamentary to the executor named in the will or to the...
• Section 2113.06 - To Whom Letters Of Administration Shall Be Granted.
  (A) Administration of the estate of an intestate shall be granted to persons mentioned in this division, in the following order: (1) To the...
• Section 2113.07 - Application For Appointment As Executor Or Administrator.
  Before being appointed executor or administrator, every person shall make and file an application that shall contain the names of the surviving spouse and...
• Section 2113.08 To 2113.10 - [Repealed].
  Effective Date: 05-31-1990
• Section 2113.11 - Notice When Deceased Was An Alien.
  Upon the filing of an application for appointment as executor or administrator of the estate of a deceased alien with surviving heirs residing in...
• Section 2113.12 - Procedure If Executor Renounces.
  If a person named as executor in the will of a decedent, or nominated as an executor by holders of a power as described...
• Section 2113.13 - Minority Of An Executor.
  When a person nominated as executor is under the age of eighteen years at the time of admitting the will to probate, administration may...
• Section 2113.14 - Executor Of An Executor Not To Administer.
  The executor of an executor has no authority, as such, to administer the estate of the first testator. On the death of the sole...
• 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...
• Section 2113.16 - Termination Of Powers Of Special Administrator.
  Upon granting of letters testamentary or of administration, the power of a special administrator appointed under section 2113.15 of the Revised Code shall terminate...
• Section 2113.17 - Creditor's Claims Before Special Administrator.
  A creditor's claim may be presented in accordance with section 2117.06 of the Revised Code to a special administration appointed under section 2113.15 of...
• Section 2113.18 - Removal Of Executor Or Administrator.
  (A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate...
• 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...
• Section 2113.20 - Will Proved After Administration As Of An Intestate.
  If a will of a deceased is proved and allowed after letters of administration have been granted as of an intestate estate, the first...
• Section 2113.21 - Powers Of Executors, Administrators, And Testamentary Trustees During A Will Contest.
  (A) When a will is contested, the executor, the administrator de bonis non, with the will annexed, or the testamentary trustee may, during the...
• Section 2113.22 - Proceedings Against Former Executor Or Administrator.
  An executor or administrator appointed in the place of an executor or administrator who has resigned or been removed, whose letters have been revoked,...
• Section 2113.23 - Sales Of Former Executor Or Administrator Valid.
  When letters of administration are revoked, when an executor or administrator, or administrator with the will annexed, is removed, resigns, or dies, when a...
• Section 2113.24 - [Repealed].
  Repealed by 129th General AssemblyFile No.52, SB 124, §2, eff. 1/13/2012. Effective Date: 10-01-1953
• Section 2113.25 - Time Frame For Collection Of Assets And Administration Of Estate; Extensions.
  The executor or administrator of an estate shall collect the assets and complete the administration of that estate within six months after the date...
• Section 2113.26 - Examination Of Executor Or Administrator.
  The court, upon application of any interested party, may authorize the examination of the executor or administrator under oath in open court on any...
• Section 2113.27 - [Repealed].
  Repealed by 129th General AssemblyFile No.52, SB 124, §2, eff. 1/13/2012. Effective Date: 10-01-1953
• Section 2113.28 - [Repealed].
  Repealed by 129th General AssemblyFile No.52, SB 124, §2, eff. 1/13/2012. Effective Date: 10-31-2001
• Section 2113.29 - [Repealed].
  Repealed by 129th General AssemblyFile No.52, SB 124, §2, eff. 1/13/2012. Effective Date: 10-01-1953
• Section 2113.30 - Continuing Decedent's Business.
  (A) Except as otherwise directed by the decedent in the decedent's will , an executor or administrator, without personal liability for losses incurred, may...
• Section 2113.31 - Responsibility Of Executor Or Administrator.
  Every executor or administrator is chargeable with all assets of the deceased that come into the possession or under the control of the executor...
• Section 2113.311 - Management And Rental Of Real Property By Executor Or Administrator.
  (A) If, within a reasonable time after the appointment of the executor or administrator, no one in authority has taken over the management and...
• 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...
• Section 2113.33 - Not Responsible For Bad Debts.
  An executor or administrator is not accountable for debts inventoried as due to the decedent, if it appears to the probate court that, without...
• 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...
• Section 2113.35 - Commissions.
  (A) Executors and administrators shall be allowed fees upon the amount of all the personal property, including the income from the personal property, that...
• Section 2113.36 - Further Allowance - Counsel Fees.
  Allowances, in addition to those provided by section 2113.35 of the Revised Code for an executor or administrator, that the probate court considers just...
• 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...
• Section 2113.38 - Amended And Renumbered Rc 2106.16.
  Effective Date: 05-31-1990
• Section 2113.39 - Sale Of Property Under Authority Of Will.
  If a qualified executor, administrator, or testamentary trustee is authorized by will or devise to sell any class of personal property or real property,...
• Section 2113.40 - Sale Of Personal Property.
  (A) At any time after the appointment of an executor or administrator, the probate court, if satisfied that it would be for the best...
• Section 2113.41 - Public Sale.
  (A) Public sales of personal property as provided in section 2113.40 of the Revised Code shall be at public auction and, unless otherwise directed...
• Section 2113.42 - Report Of Sale.
  Within thirty days after any public or private sale of the personal property of an estate, the executor or administrator shall make a report...
• Section 2113.43 - Credit.
  In all sales of the personal property of an estate the probate court may authorize the executor or administrator to sell on credit, the...
• 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...
• Section 2113.45 - Mortgaged Premises To Be Considered Personal Assets - Possession.
  When a mortgagee of real property, or an assignee of the mortgagee, dies without foreclosing the mortgage, the mortgaged premises and the debts secured...
• 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...
• Section 2113.47 - Foreclosure Of Mortgage.
  A mortgage belonging to an estate may be foreclosed by the executor or administrator. Effective Date: 10-01-1953
• Section 2113.48 - Action To Complete Contract To Sell Land.
  When a person who has entered into a written contract for the sale and conveyance of an interest in real property dies before its...
• Section 2113.49 - Court May Order Alteration Or Cancellation Of Contract.
  When a person who has entered into a written contract for the sale and conveyance of an interest in real property dies before its...
• Section 2113.50 - Completion Of Decedent's Contract To Buy Land.
  When a person who has entered into a written contract for the purchase of an interest in real property dies before the conveyance of...
• 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...
• 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...
• Section 2113.53 - Distribution Of Assets Of Estate.
  (A) At any time after the appointment of an executor or administrator, the executor or administrator may distribute to the beneficiaries entitled to assets...
• Section 2113.531 - General Legacies - Interest.
  General legacies shall bear no interest unless specifically provided in the will. Effective Date: 09-04-1957
• Section 2113.532 - Amended And Renumbered Rc 2106.18.
  Effective Date: 05-31-1990
• Section 2113.533 - [Repealed].
  Effective Date: 10-31-2001
• Section 2113.54 - Distribution Upon Application Of Legatee Or Distributee.
  When five months have expired after the appointment of an executor or administrator and the surviving spouse has made an election under section 2106.01...
• Section 2113.55 - Distribution In Kind.
  Before making distribution in kind of property which is not specifically bequeathed, an executor or administrator shall obtain the approval of the probate court...
• 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...
• Section 2113.57 - [Repealed].
  Repealed by 129th General AssemblyFile No.52, SB 124, §2, eff. 1/13/2012. Effective Date: 10-01-1953
• Section 2113.58 - Protection Of Remainderman's Interest In Personal Property.
  If by a will the use or income of personal property is given to a person for a term of years or for life...
• Section 2113.59 - Lien On Share Of Beneficiary.
  When a beneficiary of an estate is indebted to such estate, the amount of the indebtedness if due, or the present worth of the...
• Section 2113.60 - [Repealed].
  Effective Date: 03-23-1981
• Section 2113.61 - Application For Certificate Of Transfer Of Real Property.
  (A) (1) When real property passes by the laws of intestate succession or under a will, the administrator or executor shall file in probate...
• Section 2113.62 - Record By County Recorder.
  Upon receipt of the certificate provided for in section 2113.61 of the Revised Code, the county recorder shall record it in the official records...
• Section 2113.63 - [Repealed].
  Repealed by 129th General AssemblyFile No.52, SB 124, §2, eff. 1/13/2012. Effective Date: 03-13-1986
• Section 2113.64 - Investment Of Unclaimed Money.
  If a sum of money to be distributed to heirs, next of kin, or legatees, or owing from an estate to a creditor of...
• Section 2113.65 - Disposition Of Investment.
  The person investing unclaimed money under section 2113.64 of the Revised Code shall file in the probate court a memorandum thereof, with the original...
• Section 2113.66 - Statute Of Limitations No Defense.
  The statute of limitations shall not be set up as a defense or bar to an action against an executor or administrator who fails...
• Section 2113.67 - Money Paid To Owner.
  When a person entitled to the money invested or turned into the county treasury under section 2113.64 of the Revised Code satisfies the probate...
• Section 2113.68 - Responsibility For Safekeeping Of Evidences Of Title.
  The probate judge with whom the certificates or evidences of title required by section 2113.65 of the Revised Code are deposited and each succeeding...
• Section 2113.69 - Newly Discovered Assets.
  When newly discovered assets come into the possession or under the control of an executor or administrator after the filing of the original inventory...
• Section 2113.70 - Suit Against Foreign Executors And Administrators.
  An executor or administrator appointed in any other state or country, or the executor's or administrator's legal representatives, may be prosecuted in any appropriate...
• Section 2113.71 - Jurisdiction.
  The several probate courts, courts of common pleas and superior courts have the same authority over foreign executors and administrators as if they were...
• Section 2113.72 - Proceedings Against Foreign Executor Or Administrator.
  Any court of common pleas may compel a foreign administrator or executor residing in this state, or having assets or property in this state,...
• Section 2113.73 - Security For Distributees And Indemnification For Sureties.
  If a foreign administrator or executor has wasted, misapplied, or converted assets of an estate, or has insufficient property to discharge the foreign administrator's...
• Section 2113.74 - Other Remedies.
  The several provisional remedies and proceedings authorized by sections 2113.70 to 2113.73 of the Revised Code against a foreign executor or administrator also apply...
• Section 2113.75 - Foreign Executor Or Administrator May Prosecute Suit In This State.
  An executor or administrator appointed in any other state or country may commence and prosecute an action or proceeding in any court in this...
• Section 2113.81 - Holding Money And Property In Trust For Safe Keeping For Nonresidents Of United States.
  If it appears that a legatee or a distributee, or a beneficiary of a trust not residing within the United States or its territories...
• Section 2113.82 - Orders To Pay Money And Property Held In Trust For Safe Keeping For Nonresidents Of United States.
  When a person entitled to money or other property invested or turned into the county treasurer or to a trustee under section 2113.81 of...
• Section 2113.85 - Apportionment Of Tax Definitions.
  As used in sections 2113.85 to 2113.90 of the Revised Code: (A) "Estate" means the gross estate of a decedent who is domiciled in...
• Section 2113.86 - Apportionment Of Taxes.
  (A) Unless a will or another governing instrument otherwise provides, and except as otherwise provided in this section, a tax shall be apportioned equitably...
• Section 2113.861 - Apportionment Of Generation-skipping Tax.
  Except as provided in section 5815.27 of the Revised Code, the generation-skipping transfer tax imposed by Chapter 13 of subtitle B of the Internal...
• Section 2113.87 - Requesting Court To Determine Apportionment Of Tax.
  (A) The fiduciary, or any person interested in the estate who objects to the manner of apportionment of a tax, may apply to the...
• Section 2113.88 - Withholding Or Recovering Amount Of Tax.
  (A) The fiduciary may withhold from any property distributable to any person interested in the estate the amount of tax attributable to the person's...
• Section 2113.89 - Action To Recover Tax.
  The fiduciary is not required to institute any suit or proceeding to recover from any person interested in the estate the amount of the...
• Section 2113.90 - Action By Foreign Fiduciary Or Obligated Person.
  (A) A fiduciary who is acting in another state or a person required to pay the tax who is domiciled in another state may...
• Section 2113.91 - [Repealed].
  Effective Date: 07-24-1986

Last modified: October 10, 2016