2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2113: EXECUTORS AND ADMINISTRATORS - APPOINTMENT; POWERS; DUTIES
2113.18 [Effective Until1/13/2012] Removal of executor or administrator.
(A) The probate court may remove any executor or administrator if there are unsettled claims existing between him and the estate, which the court thinks may be the subject of controversy or litigation between him and the estate or persons interested therein.
(B) The probate court may remove any executor or administrator upon motion of the surviving spouse, children, or other next of kin of the deceased person whose estate is administered by the executor or administrator if both of the following apply:
(1) The executor or administrator refuses to bring an action for wrongful death in the name of the deceased person;
(2) The court determines that a prima-facie case for a wrongful death action can be made from the information available to the executor or administrator.
Effective Date: 06-01-1982
This section is set out twice. See also § 2113.18, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.
2113.18 [Effective1/13/2012] Removal of executor or administrator
(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate.
(B) The probate court may remove any executor or administrator upon motion of the surviving spouse, children, or other next of kin of the deceased person whose estate is administered by the executor or administrator if both of the following apply:
(1) The executor or administrator refuses to bring an action for wrongful death in the name of the deceased person.
(2) The court determines that a prima-facie case for a wrongful death action can be made from the information available to the executor or administrator.
Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.
Effective Date: 06-01-1982
This section is set out twice. See also § 2113.18, effective until 1/13/2012.
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