Effective: January 13, 2012
Latest Legislation: Senate Bill 124 - 129th General Assembly
(A) After an authenticated copy of the will of a nonresident decedent has been allowed and admitted to record as provided in this chapter, and after there has been filed in the probate court a complete exemplification of the record of the grant of the domiciliary letters of appointment and of any other records of the court of domiciliary administration that the court requires, the court shall appoint as the ancillary administrator the person named in the will, or nominated in accordance with any power of nomination conferred in the will, as general executor of the decedent's estate or as executor of the portion of the decedent's estate located in this state, provided that the person makes application and qualifies under division (B)(2) of section 2109.21 of the Revised Code and in all other respects as required by law. If the testator in the will naming or providing for the nomination of that executor orders or requests that bond not be given by that executor, bond shall not be required unless, for sufficient reason, the court requires it.
(B) If a nonresident decedent died intestate, or failed to designate in the nonresident decedent's will any person qualified to act as ancillary administrator or to confer in the will a power to nominate a person as an executor as described in division (A) of this section, or if the will of a nonresident decedent conferred that power but no person qualified to act as ancillary administrator was nominated, the court shall appoint in that capacity a suitable person who is a resident of the county including, but not limited to, a creditor of the estate.
(C) An ancillary administrator, acting as to the estate of a testate decedent that is located in this state, may sell and convey the real and personal property by virtue of the will as executors or administrators with the will annexed may do.
(D) No person shall be appointed as an ancillary administrator of the estate of a nonresident presumed decedent that is located in this state, except after Chapter 2121. of the Revised Code, relative to the appointment of an ancillary administrator, has been complied with.
Structure Ohio Revised Code
Title 21 | Courts-Probate-Juvenile
Chapter 2129 | Ancillary Administration
Section 2129.01 | Record of Extracounty and Extrastate Proceedings.
Section 2129.02 | Proceedings by Nonresident Executor or Administrator to Bar Creditor's Claims.
Section 2129.04 | Ancillary Administration.
Section 2129.05 | Foreign Wills.
Section 2129.06 | Will Made Outside the United States.
Section 2129.07 | Proceedings to Admit Foreign Will to Record.
Section 2129.08 | Appointment of Ancillary Administrator.
Section 2129.11 | No Domiciliary Administration.
Section 2129.12 | Presentation of Claims.
Section 2129.13 | Sale of Real Property.
Section 2129.14 | Sale Requested by Domiciliary Executor or Administrator.
Section 2129.15 | Certificate of Assets and Liabilities.
Section 2129.16 | Property Not to Be Sold.
Section 2129.17 | Transcript to Be Filed.
Section 2129.18 | Determination of Heirship.
Section 2129.19 | Application for Certificate of Transfer.
Section 2129.20 | Payments to Ancillary Administrator.
Section 2129.21 | Bona Fide Purchaser Protected.
Section 2129.22 | Estate Discharged by Payment.
Section 2129.23 | Distribution.
Section 2129.25 | Foreign Executor or Administrator May Be Authorized to Sell Real Property.
Section 2129.27 | Trusts Created by Foreign Will.
Section 2129.28 | Trustee's Bond.
Section 2129.29 | Trustee Appointed by a Foreign Court.
Section 2129.30 | Probate Court May Appoint a Trustee Under a Foreign Will.