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 any parcel of real property belonging to the estate at any time at prices and upon terms that are consistent with this section and may execute and deliver deeds and other instruments of conveyance if all of the following conditions are met:
(1) The surviving spouse, all of the legatees and devisees in the case of testacy, and all of the heirs in the case of intestacy, give written consent to a power of sale for a particular parcel of real property or to a power of sale for all the real property belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate court.
(2) Any sale under a power of sale authorized pursuant to this section shall be made at a price of at least eighty per cent of the appraised value, as set forth in an approved inventory.
(3) No power of sale provided for in this section is effective if the surviving spouse or any legatee, devisee, or heir is a minor. No person may give the consent of the minor that is required by this section.
(B) A surviving spouse who is the executor or administrator may sell real property to self pursuant to this section.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Section 2127.01 | Sale of Lands by Executors and Administrators.
Section 2127.011 | Disposition of Real Property.
Section 2127.012 | Disposal of Real Estate.
Section 2127.02 | Payment of Debts.
Section 2127.03 | Payment of Legacies.
Section 2127.04 | Action for Authority to Sell Real Property.
Section 2127.05 | Guardian May Sell.
Section 2127.06 | Successor Fiduciary Shall Complete Sale Proceedings.
Section 2127.07 | Real Property Subject to Sale.
Section 2127.08 | Fractional Interests - Sale of Entire Interest.
Section 2127.10 | Action to Sell Real Property.
Section 2127.11 | Summary Proceeding if Value of Land Less Than $3,000.
Section 2127.12 | Necessary Parties in Sale by Executor or Administrator.
Section 2127.13 | Necessary Parties in Sale by Guardian.
Section 2127.14 | Service of Summons.
Section 2127.15 | Pleadings and Procedure.
Section 2127.16 | Sale to Be Free of Dower.
Section 2127.17 | Costs When There Are Objections to Granting Order for Sale.
Section 2127.18 | Equities and Priorities.
Section 2127.19 | Release of Liens.
Section 2127.20 | Sale Subject to Mortgage.
Section 2127.21 | Complaint of Guardian to Have Land Laid Out in Town Lots.
Section 2127.22 | Appraisement May Be Dispensed With - New Appraisement - Appraisers.
Section 2127.23 | Agreement of Appraisers.
Section 2127.24 | Vacancy in Appraisers.
Section 2127.25 | Compensation of Appraisers.
Section 2127.27 | Additional Bond Before Sale.
Section 2127.28 | Expense of Sale.
Section 2127.29 | Order of Sale.
Section 2127.30 | Order of Sale When an Equitable Estate Is Included.
Section 2127.31 | Persons Interested May Give Bond to Prevent Sale.
Section 2127.32 | Public or Private Sale.
Section 2127.33 | Price at Which Real Property May Be Sold.
Section 2127.34 | Terms of Sale.
Section 2127.35 | Confirmation of Sale - Deed.
Section 2127.36 | Security for Deferred Payments.
Section 2127.37 | Compensation of Executor, Administrator, or Guardian.
Section 2127.38 | Distribution of Money Received From Sale of Real Property.
Section 2127.39 | When Proceeds of Sale Marshaled in Conformity With Will.
Section 2127.42 | Sale of Lands of Foreign Wards.
Section 2127.43 | Sale of Real Property by Trustees of Nonresidents.