2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2113: EXECUTORS AND ADMINISTRATORS - APPOINTMENT; POWERS; DUTIES
2113.21 [Effective Until1/13/2012] Powers of executors, administrators, and testamentary trustees during a will contest.

When a will is contested, the executor, the administrator de bonis non, with the will annexed, or the testamentary trustee may, during the contest, do the following:

(A) Control all the real estate which is included in the will but not specifically devised and all the personal estate of the testator not administered before such contest;

(B) Collect the debts and convert all assets into money, except those which are specially bequeathed;

(C) Pay all taxes on such real and personal property and all debts;

(D) Repair buildings and make other improvements if necessary to preserve the real property from waste;

(E) Insure such buildings upon an order first obtained from the probate court having jurisdiction of such executor, administrator, or testamentary trustee;

(F) Advance or borrow money on the credit of such estate for such repairs, taxes, and insurance which shall be a charge thereon;

(G) Receive and receipt for a distributive share of an estate or trust to which such testator would have been entitled, if living.

The court may require such additional bonds as from time to time seems proper.

Effective Date: 10-01-1953

This section is set out twice. See also § 2113.21, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2113.21 [Effective1/13/2012] Powers of executors, administrators, and testamentary trustees during a will contest

(A) When a will is contested, the executor, the administrator de bonis non, with the will annexed, or the testamentary trustee may, during the contest, do the following:

(1) Control all the real property and all the personal property of the testator not administered before the contest;

(2) Collect the debts and convert all assets into money, except those that are specially bequeathed;

(3) Pay all taxes on the real and personal property and all debts;

(4) Repair buildings and make other improvements if necessary to preserve the real property from waste;

(5) Insure those buildings upon an order first obtained from the probate court having jurisdiction of the executor, administrator, or testamentary trustee;

(6) Advance or borrow money on the credit of the estate for the repairs, taxes, and insurance that shall be a charge on the estate;

(7) Receive and receipt for a distributive share of an estate or trust to which the testator would have been entitled, if living.

(B) The court may require additional bonds that from time to time seem proper.

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 § 2113.21, effective until 1/13/2012.