Effective: January 13, 2012
Latest Legislation: Senate Bill 124 - 129th General Assembly
If the report of the appraisers under section 2111.30 of the Revised Code is favorable to the lease and on the final hearing the court is of the opinion that it will be to the advantage of the ward, those whom the ward is required by law to support, or the estate to lease the real property, the probate court shall make an order authorizing the lease to be made by public or private letting, as it considers best, on the terms, covenants, conditions, and stipulations, either in accordance with those set forth in the petition or otherwise, that it directs, provided the terms, covenants, conditions, and stipulations are not less favorable to the ward than those reported by the appraisers. The lease shall not take effect until the lease and the security, if any, prescribed in the lease are approved and confirmed.
The lease made pursuant to the court order may provide that the improvements shall be made by the tenant as part of the rent, or by the guardian, either out of the rent or other means of the ward as the court directs.
If the lease is for the mining or removal of mineral or other substances and the guardian is unable to lease the lands upon the terms ordered, the guardian may report the fact to the court and the court may change the terms of leasing, but not below the customary royalty in the vicinity of the lands.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2111 | Guardians; Conservatorships
Section 2111.01 | Guardian and Conservatorship Definitions.
Section 2111.011 | Guardianship Guide.
Section 2111.021 | Physically Infirm Adult May Petition for Conservatorship.
Section 2111.022 | Emergency Order to Freeze Assets of Missing Person.
Section 2111.03 | Application for Appointment as Guardian.
Section 2111.031 | Appointing Physicians and Other Persons to Determine Need for Guardianship.
Section 2111.04 | Notice of Appointment.
Section 2111.041 | Investigating Circumstances of Alleged Incompetent.
Section 2111.042 | Investigating and Report Regarding Guardianship of Minor.
Section 2111.05 | Termination of Guardianship Based on Value of Ward's Estate.
Section 2111.06 | Guardian of the Person.
Section 2111.07 | Powers of Guardian of Person and Estate.
Section 2111.08 | Parents Are Natural Guardians.
Section 2111.09 | Administrator or Executor Ineligible to Be Appointed Guardian.
Section 2111.091 | Restrictions on Attorney Representing Guardian.
Section 2111.10 | Corporation as Guardian.
Section 2111.11 | Spouse May Be Appointed Guardian.
Section 2111.12 | Guardian of Minor.
Section 2111.121 | Nomination of Guardian.
Section 2111.13 | Duties of Guardian of Person.
Section 2111.131 | Court Order for Payments of No More Than $5,000 Due to Minor.
Section 2111.14 | Duties of Guardian of Estate.
Section 2111.141 | Inventory to Be Supported by Evidence.
Section 2111.15 | Duties of Guardian of Person and Estate.
Section 2111.151 | Liability of Guardian or Conservator as to Contracts and Debts.
Section 2111.16 | Certain Vouchers Not Allowed as Credits.
Section 2111.17 | Suits by Guardians.
Section 2111.18 | Claim for Injury to Ward or Damage to Property - Settlement.
Section 2111.181 | Settlement of Claim of Emancipated Minor.
Section 2111.182 | Order for Portion of Funds to Minor Be Deposited in Trust.
Section 2111.19 | Completion of Real Property Contracts.
Section 2111.20 | Sale of Personal Estate.
Section 2111.21 | Sale, Compromise, Adjustment, or Mortgage of Dower.
Section 2111.22 | Release of Ward's Tax Title by Guardian.
Section 2111.23 | Guardian Ad Litem.
Section 2111.24 | Insolvency of Ward.
Section 2111.25 | Lease for Not More Than Three Years.
Section 2111.26 | Lease for Term of Years.
Section 2111.29 | Parties and Proceedings.
Section 2111.30 | Duties of Appraisers.
Section 2111.31 | Hearing and Order.
Section 2111.33 | Guardian May Improve Real Property - Petition.
Section 2111.34 | Proceedings.
Section 2111.35 | Amount to Be Used for Improvement.
Section 2111.36 | Guardian's Report.
Section 2111.37 | Guardian for Nonresident.
Section 2111.38 | Bond and Duties.
Section 2111.39 | Foreign Guardian May Collect Money.
Section 2111.40 | When Nonresident Ward Becomes a Resident.
Section 2111.42 | Foreign Guardians May Receive Property.
Section 2111.43 | Foreign Wards and Guardians.
Section 2111.44 | Sale of Real Property of Foreign Wards.
Section 2111.45 | Marriage of Ward.
Section 2111.46 | Guardianship of Minors.
Section 2111.47 | Wards Other Than Minors.
Section 2111.471 | Transfer of Court Having Jurisdiction.
Section 2111.48 | Certain Acts Validated.
Section 2111.49 | Report of Guardian of Incompetent.
Section 2111.50 | Probate Court Is Superior Guardian of Wards.