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Home » US Law » 2022 Ohio Revised Code » Title 21 | Courts-Probate-Juvenile » Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties

Section 2113.01 | What Court Shall Grant Letters.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly 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 probate court of the county in which the decedent was a resident at the time of death. If […]

Section 2113.03 | Court May Order Estate Released From Administration.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly (A) Subject to division (I) of this section, an estate may be released from administration under division (B) of this section if either of the following applies: (1) The value of the assets of the estate is thirty-five thousand dollars or less. […]

Section 2113.031 | Summary Release From Administration.

Effective: October 12, 2006 Latest Legislation: House Bill 426 – 126th General Assembly (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 includes a credit union and a fiduciary that is not a trust company but that does trust business. […]

Section 2113.032 | Application for Release of Medical and Billing Records.

Effective: March 22, 2019 Latest Legislation: House Bill 595 – 132nd General Assembly Any person who is eligible to be appointed as a personal representative of an estate under the law of this state or named as executor in a will may file an application with the probate court in the county in which the […]

Section 2113.04 | Payment of Wages of Deceased Employee Without Administration.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly (A) Any employer, including the state or a political subdivision, at any time after the death of an employee, may pay all wages or personal earnings due to the deceased employee to the following, preference being given in the order named, without […]

Section 2113.05 | Letters Testamentary Shall Issue.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly When a will is approved and allowed, the probate court shall issue letters testamentary to the executor named in the will or to the executor nominated by holders of a power as described in section 2107.65 of the Revised Code, or to […]

Section 2113.06 | To Whom Letters of Administration Shall Be Granted.

Effective: September 29, 2013 Latest Legislation: House Bill 59 – 130th General Assembly (A) Administration of the estate of an intestate shall be granted to persons mentioned in this division, in the following order: (1) To the surviving spouse of the deceased, if resident of the state; (2) To one of the next of kin […]

Section 2113.07 | Application for Appointment as Executor or Administrator.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly Before being appointed executor or administrator, every person shall make and file an application that shall contain the names of the surviving spouse and all the next of kin of the deceased known to the applicant, their addresses of usual residence if […]

Section 2113.11 | Notice When Deceased Was an Alien.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Upon the filing of an application for appointment as executor or administrator of the estate of a deceased alien with surviving heirs residing in a foreign country, or as soon thereafter during the administration of the estate as the probate court ascertains […]

Section 2113.12 | Procedure if Executor Renounces.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly If a person named as executor in the will of a decedent, or nominated as an executor by holders of a power as described in section 2107.65 of the Revised Code, refuses to accept the trust, or, if after being served notice […]

Section 2113.13 | Minority of an Executor.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly When a person nominated as executor is under the age of eighteen years at the time of admitting the will to probate, administration may be granted with the will annexed during the nominee’s minority, unless there is another executor who will accept […]

Section 2113.14 | Executor of an Executor Not to Administer.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly The executor of an executor has no authority, as such, to administer the estate of the first testator. On the death of the sole or surviving executor of a will, administration of that part of the estate of the first testator not […]

Section 2113.15 | Special Administrator.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly 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 […]

Section 2113.16 | Termination of Powers of Special Administrator.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly 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 and the special administrator shall transfer to the executor or administrator all the assets of the deceased in […]

Section 2113.18 | Removal of Executor or Administrator.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly (A) The probate court may remove any executor or administrator if there 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 […]

Section 2113.19 | Administrator De Bonis Non.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly 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 […]

Section 2113.20 | Will Proved After Administration as of an Intestate.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly If a will of a deceased is proved and allowed after letters of administration have been granted as of an intestate estate, the first administration shall be revoked, unless before the revocation a complaint contesting the probate of the will is filed […]