2006 Ohio Revised Code - 2117.12. When action on rejected claim is barred.

§ 2117.12. When action on rejected claim is barred.
 

When a claim against an estate has been rejected in whole or in part but not referred to referees, or when a claim has been allowed in whole or in part and thereafter rejected, the claimant must commence an action on the claim, or that part of the claim that was rejected, within two months after the rejection if the debt or that part of the debt that was rejected is then due, or within two months after that debt or part of the debt that was rejected becomes due, or be forever barred from maintaining an action on the claim or part of the claim that was rejected. If the executor or administrator dies, resigns, or is removed within that two-month period and before action is commenced on the claim or part of the claim that was rejected, the action may be commenced within two months after the appointment of a successor. 
 

For the purposes of this section, the action of a claimant is commenced when the complaint and praecipe for service of summons on the executor or administrator, or on the distributee who received the presentation of the claim as provided in division (A)(2) of section 2117.06 of the Revised Code, have been filed. 
 

HISTORY: GC § 10509-133; 114 v 320(431); 116 v 385(400); 119 v 394(412); Bureau of Code Revision. Eff 10-1-53; 150 v H 51, § 1, eff. 4-8-04.
 

The provisions of § 3, H.B. 51 (150 v  - ), as amended by H.B. 161 (150 v  - ), read as follows: 

SECTION 3. * * (C) Sections 2107.19, 2109.301, 2113.53, 2117.06, 2117.07, 2117.11, and 2117.12 of the Revised Code, as amended by this act, apply to estates of decedents who die on or after April 8, 2004. 

 

Effect of Amendments

H.B. 51, Acts 2003, effective April 8, 2004, rewrote the section.