Ohio Revised Code
Chapter 2127 | Sale of Lands
Section 2127.41 | Proceeds Arising From Partition of Real Property May Be Reached by the Executor or Administrator.

Effective: January 13, 2012
Latest Legislation: Senate Bill 124 - 129th General Assembly
If, after the institution of proceedings for the partition of the real property of a decedent, it is found that the assets in the possession or under the control of the executor or administrator probably are insufficient to pay the debts of the estate, together with the allowance for support of the surviving spouse, minor children, or surviving spouse and minor children as provided in section 2106.13 of the Revised Code, the expenses of administration, and the legacies that are a charge upon the real property, the executor or administrator shall make a written statement to the probate court of the assets, indebtedness, expenses, and legacies, and the court shall ascertain the amount necessary to pay the debts, expenses, and legacies and give a certificate of the amount to the executor or administrator.
The executor or administrator then shall present the certificate to the court in which the proceedings for partition are or have been pending, and, on the motion of the executor or administrator, the court shall order the amount named in the certificate to be paid over to the executor or administrator out of the proceeds of the sale of the premises, if thereafter they are sold or already have been sold. This section does not prohibit an executor or administrator from proceeding to sell real property belonging to the estate for the payment of debts or legacies, although it has been sold on partition or otherwise, or the proceeds of the sale have been fully distributed.

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.