Effective: October 1, 1953 Latest Legislation: House Bill 1 – 100th General Assembly All proceedings for the sale of lands by executors, administrators, and guardians shall be in accordance with section 2127.01 to 2127.43, inclusive, of the Revised Code, except where the executor has testamentary power of sale, and in that case the executor may […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly (A) In addition to the other methods provided by law or in the will and unless expressly prohibited by the will, an executor or administrator may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of […]
Effective: April 6, 2017 Latest Legislation: House Bill 432 – 131st General Assembly (A) In addition to the other methods provided by law, a guardian of the estate may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real estate belonging to the estate at […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly As soon as an executor or administrator ascertains that the personal property in the possession or under the control of the executor or administrator is insufficient to pay all the debts of the decedent, together with the allowance for support to the […]
Effective: May 31, 1990 Latest Legislation: House Bill 346 – 118th General Assembly When by operation of law or the provisions of a will, a legacy is effectual to charge real property, and the personal property is insufficient to pay the legacy, together with all the debts, the allowance to the surviving spouse, minor children, […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly (A) With the consent of all persons entitled to share in an estate upon distribution, the executor, administrator, or administrator with the will annexed may, and upon the request of these persons shall, commence an action in the probate court for authority […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly Whenever necessary for the education, support, or the payment of the just debts of the ward, or for the discharge of liens on the real property of the ward, whenever the real property of the ward is suffering unavoidable waste, or a […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly If the fiduciary who brings an action under section 2127.01 to 2127.43 of the Revised Code dies, resigns, or is removed, or the fiduciary’s powers cease at any time before the real property sold is conveyed, a successor fiduciary may be substituted […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly Any interest in real property, whether legal or equitable, that the deceased had a right to sell or dispose of at the time of the deceased’s death, or of which the ward was seized at the time the action was brought, including […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly When the interest of a decedent or ward in real property is fractional and undivided, the action for authority to sell the real property shall include only the undivided fractional interest, except that the executor, administrator, or guardian, the owner of any […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly An action by an executor, administrator, or guardian to obtain authority to sell real property shall be brought in the county in which the executor, administrator, or guardian was appointed or in which the real property subject to sale or any part […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly An action to obtain authority to sell real property shall be commenced by the executor, administrator, or guardian by filing a complaint with the probate court. The complaint shall contain a description of the real property proposed to be sold and its […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly When the actual market value of a decedent’s or ward’s real property to be sold is less than three thousand dollars, and the court so finds, it may by summary order authorize the sale and conveyance of the real property at private […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly In an action by an executor or administrator to obtain authority to sell real property, the following persons shall be made parties defendant: (A) The surviving spouse; (B) The heirs, devisees, or persons entitled to the next estate of inheritance from the […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly In an action by a guardian to obtain authority to sell the real property of the guardian’s ward the following persons shall be made parties defendant: (A) The ward; (B) The spouse of the ward; (C) All persons entitled to the next […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly Service of summons, actual or constructive, in an action to sell the real property of a decedent or a ward shall be had as in other civil actions, but if any competent person in interest enters appearance or consents in writing to […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly All pleadings and proceedings in an action to obtain authority to sell the real property of a decedent or a ward in the probate court shall be the same as in other civil actions, except as otherwise provided in sections 2127.01 to […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly In a sale of real property by an executor, administrator, or guardian, the real property shall be sold free of all right and expectancy of dower in the property, but out of the proceeds of the sale, in lieu of dower, the […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly In an action to obtain authority to sell real property, if a party in the party’s answer objects to an order for the sale of real property by an executor, administrator, or guardian, and on hearing it appears to the court that […]
Effective: January 13, 2012 Latest Legislation: Senate Bill 124 – 129th General Assembly Upon the hearing of an action to obtain authority to sell real property by an executor, administrator, or guardian, if satisfied that all necessary parties defendant are properly before the court, and that the demand for relief ought to be granted, the […]
