2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2113: EXECUTORS AND ADMINISTRATORS - APPOINTMENT; POWERS; DUTIES
2113.20 [Effective Until1/13/2012] Will proved after administration as of an intestate.

If a will of a deceased is proved and allowed after letters of administration have been granted as of an intestate estate, the first administration shall be revoked, unless before such revocation a petition contesting the probate of such will is filed in the court of common pleas. If such a petition is filed, the probate court may allow the administration to be continued in the hands of the original administrators until the final determination of such contest. If the will is sustained, the first administration must be revoked. In either case, upon the revocation of the first administration and the appointment of an executor or administrator with the will annexed, such executor or administrator shall be admitted to prosecute or defend any suit, proceeding, or matter begun by or against the original administrator, in like manner as an administrator de bonis non is authorized to prosecute or defend a suit commenced by a former executor or administrator.

Effective Date: 10-01-1953

This section is set out twice. See also § 2113.20, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2113.20 [Effective1/13/2012] Will proved after administration as of an intestate

If a will of a deceased is proved and allowed after letters of administration have been granted as of an intestate estate, the first administration shall be revoked, unless before the revocation a complaint contesting the probate of the will is filed in the probate court . If a complaint of that nature is filed, the probate court may allow the administration to be continued by the original administrators until the final determination of the contest. If the will is sustained, the first administration shall be revoked. In either case, upon revocation of the first administration and the appointment of an executor or administrator with the will annexed, that executor or administrator shall be admitted to prosecute or defend any suit, proceeding, or matter begun by or against the original administrator, in the same manner as an administrator de bonis non is authorized to prosecute or defend a suit commenced by a former executor or administrator.

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 § 2113.20, effective until 1/13/2012.