US Lawyer Database

Section 2117.27 | Vendor’s Lien Not Preferred.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly A vendor’s lien not disclosed of record shall not, after the death of the vendee, have priority as against general creditors of the deceased.

Section 2117.28 | Debts Not Due.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly Debts not due may, and on demand of the creditor shall, if assets are available therefor, be paid by the executor or administrator according to the class to which they belong. If the debt does not bear interest before maturity, it shall […]

Section 2117.29 | Beneficiary Taking Subject to Mortgage.

Effective: January 9, 1961 Latest Legislation: House Bill 1 – 104th General Assembly When the only debts of an estate remaining unpaid are secured by liens on property of the estate, the devisees, legatees, or heirs entitled to receive such property may be permitted to take the same subject to such liens, if all the […]

Section 2117.30 | Suits Against Executor or Administrator.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly (A) No suit shall be brought against an executor or administrator by a creditor of the decedent or by any other party interested in the estate until after five months from the time of the appointment of the executor or administrator, or […]

Section 2117.31 | Estate of Deceased Joint Debtor.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly When two or more persons are indebted in a joint contract, or upon a judgment founded on the joint contract, and either of them dies, the decedent’s estate shall be liable for the debt as if the contract had been joint and […]

Section 2117.33 | Claims Previously Barred.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly No law relating to limitation of actions against a new administrator shall revive a claim which is barred, during the continuance in office of the original executor or administrator, or of a former administrator de bonis non.

Section 2117.34 | Execution – Limitations.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly No execution against the assets of an estate shall issue upon a judgment against an executor or administrator unless upon the order of the probate court that appointed the executor or administrator. If an account has been rendered by the executor or […]

Section 2117.35 | Executions Against Executor or Administrator.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly All executions against executors and administrators for debts due from the deceased shall run against the assets of the estate of the deceased in the possession or under the control of the executors and administrators.

Section 2117.36 | Real Property Not Liable for Debts.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly No real property of a deceased person that has been aliened or encumbered by the decedent’s heirs prior to the issuing of letters testamentary or of administration shall be liable while in the possession or under the control of a bona fide […]

Section 2117.37 | Presentation of Contingent Claims.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly If a claim is contingent at the time of a decedent’s death and a cause of action subsequently accrues on the claim, it shall be presented to the executor or administrator, in the same manner as other claims, before the expiration of […]

Section 2117.38 | Assets From Which Payment to Be Made.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If an executor or administrator has made a partial distribution of the assets of the estate at the time a claim is presented under section 2117.37 of the Revised Code, and if the claim is allowed or after rejection is found to […]

Section 2117.39 | Contingent Claims Not to Be Presented.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If at the time a cause of action accrues on a contingent claim against a decedent’s estate, or if within two months thereafter an account of final distribution has been filed, no claim need be presented to the executor or administrator and […]

Section 2117.40 | Estate of Deceased in the Hands of Heirs.

Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly If a cause of action on a contingent claim accrues after the settlement of an estate or at such time that a claim thereon does not have to be presented to the executor or administrator, or if a contingent claim is presented […]

Section 2117.41 | Payment of Contingent Claims After Settlement of Estate.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly A claimant whose cause of action accrues as provided in section 2117.37 of the Revised Code may bring suit to recover on the claim against the heirs, next of kin, surviving spouse as next of kin, devisees, and legatees under the decedent’s […]

Section 2117.42 | Creditors May Proceed Against All in One Action.

Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly If, in the cases specified in section 2117.41 of the Revised Code, more than one person is liable for the debt, the creditor shall proceed by one action to recover the debt against all so liable, or as many of them who […]