Ohio Revised Code
Chapter 2127 | Sale of Lands
Section 2127.40 | Sale by Executor or Administrator of Real Property Fraudulently Transferred by Decedent.

Effective: January 13, 2012
Latest Legislation: Senate Bill 124 - 129th General Assembly
When an action is brought by an executor or administrator to sell real property to pay debts, the real property subject to sale shall include all rights and interests in real property transferred by the decedent in the decedent's lifetime with intent to defraud the decedent's creditors, except that real property fraudulently transferred cannot be taken from any person who purchased them for a valuable consideration, in good faith, and without knowledge of the fraud. No claim to that real property shall be made unless within four years next after the decease of the grantor.
If real property fraudulently transferred is to be included in that action, the executor or administrator, either before or at the same time, may commence a civil action in the court of common pleas in the county in which the real property is situated to recover possession of it, or, in the action for its sale, the executor or administrator may allege the fraud and have the fraudulent transfer avoided. But when the real property is included in the complaint before the recovery of possession by the executor or administrator, the action shall be brought in the court of common pleas in the county in which the real property is situated.

Structure Ohio Revised Code

Ohio Revised Code

Title 21 | Courts-Probate-Juvenile

Chapter 2127 | Sale of Lands

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 2127.09 | Venue.

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 2127.40 | Sale by Executor or Administrator of Real Property Fraudulently Transferred by Decedent.

Section 2127.41 | Proceeds Arising From Partition of Real Property May Be Reached by the Executor or Administrator.

Section 2127.42 | Sale of Lands of Foreign Wards.

Section 2127.43 | Sale of Real Property by Trustees of Nonresidents.