2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2109: FIDUCIARIES
2109.57 [Effective Until1/13/2012] Appointment of trustee of funds of unknown or nonresident.

In any action or proceeding pending in a court of record, if it is made to appear to the court that any person entitled to all or a part of the proceeds of property sold in such action or proceeding is unknown or is a nonresident and not represented in such action or proceeding or that the person entitled cannot, at the time, definitely be ascertained, the probate court may appoint a trustee to whom the notes and mortgages for the unpaid part shall be made, delivered, and paid and to receive, hold, and manage such proceeds or part thereof. Such trustee shall collect the unpaid part of the proceeds of the property sold, by action or otherwise, and shall pay over such fund only on the order of the probate court appointing him.

Payment to such trustee shall be a bar to any claim thereafter made by any person and the persons or corporations paying such money in no case shall be required to see to the application of the money paid.

If a person entitled to any portion of the money held by such trustee fails for seven or more years after such trustee’s appointment to make claim to the money and to present the proof necessary to entitle such person to such money, the prosecuting attorney of the county in which such trustee was appointed shall collect it, with the interest accrued thereon, from such trustee and pay it into such county’s treasury, to be placed to the credit of the general fund.

When the probate court which appointed such trustee is satisfied that a person who appears and claims the moneys paid into the county treasury has a right to receive them, in whole or part, less the costs of collection by the prosecuting attorney, such court shall order the payment thereof to the person shown to be entitled to such moneys. Such person, on the judge’s certificate, shall be given a warrant therefor by the county auditor.

Effective Date: 10-01-1953

This section is set out twice. See also § 2109.57, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2109.57 [Effective1/13/2012] Appointment of trustee of funds of unknown or nonresident

In any action or proceeding pending in a court of record, if it is made to appear to the court that any person entitled to all or a part of the proceeds of property sold in that action or proceeding is unknown or is a nonresident and not represented in the action or proceeding or that the person entitled cannot, at the time, definitely be ascertained, the probate court may appoint a trustee to whom the notes and mortgages for the unpaid part shall be made, delivered, and paid and to receive, hold, and manage the proceeds or part of the proceeds. The trustee shall collect the unpaid part of the proceeds of the property sold, by action or otherwise, and shall pay over that fund only on the order of the probate court appointing the trustee.

Payment to the trustee shall be a bar to any claim thereafter made by any person and the persons or corporations paying the money in no case shall be required to see to the application of the money paid.

If a person entitled to any portion of the money held by the trustee fails for seven or more years after the trustee’s appointment to make claim to the money and to present the proof necessary to entitle the person to the money, the prosecuting attorney of the county in which the trustee was appointed shall collect it, with the interest accrued on the money, from the trustee and pay it into the county’s treasury, to be placed to the credit of the general fund.

Upon application to the probate court that appointed the trustee and presentment of the proof necessary to entitle the person to the money, the court shall order the payment of the money to the person in whole or part, less the costs of collection by the prosecuting attorney. The person, on the judge’s certificate, shall be given a warrant for the money by the county auditor.

Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

Effective Date: 10-01-1953

This section is set out twice. See also § 2109.57, effective until 1/13/2012.