2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2113: EXECUTORS AND ADMINISTRATORS - APPOINTMENT; POWERS; DUTIES
2113.41 [Effective Until1/13/2012] Public sale.

Public sales of personal property mentioned in section 2113.40 of the Revised Code shall be at public auction and, unless otherwise directed by the probate court, after notice of such sale has been given:

(A) By advertisement appearing at least three times in a newspaper of general circulation in the county during a period of fifteen days next preceding such sale;

(B) By advertisement posted not less than fifteen days next preceding such sale in at least five public places in the township or municipal corporation where such sale is to take place;

(C) By both such forms of advertisement.

Such advertisement published or posted shall specify generally the property to be sold and the date, place, and terms of sale. The executor or administrator, if he deems it for the best interests of the estate may employ an auctioneer or clerk, or both, to conduct such sale, and their reasonable fees and charges shall be deducted from the proceeds of the sale. The court for good cause may extend the time for sale.

Effective Date: 10-01-1953

This section is set out twice. See also § 2113.41, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2113.41 [Effective1/13/2012] Public sale

(A) Public sales of personal property as provided in section 2113.40 of the Revised Code shall be at public auction and, unless otherwise directed by the probate court, after notice of the sale has been given by any of the following methods:

(1) By advertisement appearing at least three times in a newspaper of general circulation in the county during a period of fifteen days next preceding the sale;

(2) By advertisement posted not less than fifteen days next preceding the sale in at least five public places in the township or municipal corporation where the sale is to take place;

(3) By both forms of advertisement specified in divisions (A)(1) and (2) of this section.

(B) The advertisement published or posted as described in divisions (A)(1) and (2) of this section shall specify generally the property to be sold and the date, place, and terms of the sale. The executor or administrator, if considered in the best interests of the estate, may employ an auctioneer or clerk, or both, to conduct the sale, and their reasonable fees and charges shall be deducted from the proceeds of the sale. The court for good cause may extend the time for sale.

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 § 2113.41, effective until 1/13/2012.