Effective: January 13, 2012
Latest Legislation: Senate Bill 124 - 129th General Assembly
When a mortgagee of real property, or an assignee of the mortgagee, dies without foreclosing the mortgage, the mortgaged premises and the debts secured by the mortgage shall be considered personal assets in the possession or under the control of the executor or administrator of the estate of the mortgagee or assignee, and shall be administered and accounted for as such.
If the mortgagee or assignee did not obtain possession of the mortgaged premises in the mortgagee's or assignee's lifetime, the executor or administrator of the estate of the deceased mortgagee or assignee may take possession of the premises by open and peaceable entry or by action, as the deceased might have done if living.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2113 | Executors and Administrators - Appointment; Powers; Duties
Section 2113.01 | What Court Shall Grant Letters.
Section 2113.03 | Court May Order Estate Released From Administration.
Section 2113.031 | Summary Release From Administration.
Section 2113.032 | Application for Release of Medical and Billing Records.
Section 2113.04 | Payment of Wages of Deceased Employee Without Administration.
Section 2113.05 | Letters Testamentary Shall Issue.
Section 2113.06 | To Whom Letters of Administration Shall Be Granted.
Section 2113.07 | Application for Appointment as Executor or Administrator.
Section 2113.11 | Notice When Deceased Was an Alien.
Section 2113.12 | Procedure if Executor Renounces.
Section 2113.13 | Minority of an Executor.
Section 2113.14 | Executor of an Executor Not to Administer.
Section 2113.15 | Special Administrator.
Section 2113.16 | Termination of Powers of Special Administrator.
Section 2113.17 | Creditor's Claims Before Special Administrator.
Section 2113.18 | Removal of Executor or Administrator.
Section 2113.19 | Administrator De Bonis Non.
Section 2113.20 | Will Proved After Administration as of an Intestate.
Section 2113.22 | Proceedings Against Former Executor or Administrator.
Section 2113.23 | Sales of Former Executor or Administrator Valid.
Section 2113.25 | Time Frame for Collection of Assets and Administration of Estate; Extensions.
Section 2113.26 | Examination of Executor or Administrator.
Section 2113.30 | Continuing Decedent's Business.
Section 2113.31 | Responsibility of Executor or Administrator.
Section 2113.311 | Management and Rental of Real Property by Executor or Administrator.
Section 2113.32 | Executors and Administrators Not to Profit.
Section 2113.33 | Not Responsible for Bad Debts.
Section 2113.34 | Chargeable With Property Consumed.
Section 2113.35 | Commissions.
Section 2113.36 | Further Allowance - Counsel Fees.
Section 2113.37 | Allowance for Tombstone and Cemetery Lot.
Section 2113.39 | Sale of Property Under Authority of Will.
Section 2113.40 | Sale of Personal Property.
Section 2113.41 | Public Sale.
Section 2113.42 | Report of Sale.
Section 2113.44 | Sale of Notes Secured by Mortgage.
Section 2113.45 | Mortgaged Premises to Be Considered Personal Assets - Possession.
Section 2113.46 | Who May Discharge Mortgage.
Section 2113.47 | Foreclosure of Mortgage.
Section 2113.48 | Action to Complete Contract to Sell Land.
Section 2113.49 | Court May Order Alteration or Cancellation of Contract.
Section 2113.50 | Completion of Decedent's Contract to Buy Land.
Section 2113.51 | Property May Be Delivered to Legatee.
Section 2113.52 | Devisee Takes Subject to Tax Lien - Exoneration of Mortgage Lien.
Section 2113.53 | Distribution of Assets of Estate.
Section 2113.531 | General Legacies - Interest.
Section 2113.54 | Distribution Upon Application of Legatee or Distributee.
Section 2113.55 | Distribution in Kind.
Section 2113.56 | Executor or Administrator Not Liable.
Section 2113.58 | Protection of Remainderman's Interest in Personal Property.
Section 2113.59 | Lien on Share of Beneficiary.
Section 2113.61 | Application for Certificate of Transfer of Real Property.
Section 2113.62 | Record by County Recorder.
Section 2113.64 | Investment of Unclaimed Money.
Section 2113.65 | Disposition of Investment.
Section 2113.66 | Statute of Limitations No Defense.
Section 2113.67 | Money Paid to Owner.
Section 2113.68 | Responsibility for Safekeeping of Evidences of Title.
Section 2113.69 | Newly Discovered Assets.
Section 2113.70 | Suit Against Foreign Executors and Administrators.
Section 2113.71 | Jurisdiction.
Section 2113.72 | Proceedings Against Foreign Executor or Administrator.
Section 2113.73 | Security for Distributees and Indemnification for Sureties.
Section 2113.74 | Other Remedies.
Section 2113.75 | Foreign Executor or Administrator May Prosecute Suit in This State.
Section 2113.85 | Apportionment of Tax Definitions.
Section 2113.86 | Apportionment of Taxes.
Section 2113.861 | Apportionment of Generation-Skipping Tax.
Section 2113.87 | Requesting Court to Determine Apportionment of Tax.
Section 2113.88 | Withholding or Recovering Amount of Tax.
Section 2113.89 | Action to Recover Tax.
Section 2113.90 | Action by Foreign Fiduciary or Obligated Person.