2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2127: SALE OF LANDS
2127.05 [Effective Until1/13/2012] Guardian may sell.

Whenever necessary for the education, support, or the payment of the just debts of the ward, or for the discharge of liens on the real estate of the ward, or wherever the real estate of the ward is suffering unavoidable waste, or a better investment of its value can be made, or whenever it appears that a sale of the real estate will be for the benefit of the ward or his children, the guardian of the person and estate or of the estate only of a minor, person unable to manage his property because of mental illness or deficiency, habitual drunkard, confined person, or other person under disability may commence a civil action in the probate court for authority to sell all or any part of the real estate of the ward. If it appears to the advantage of the ward to lay out all or any part of the land in town lots, application for such authority may also be made in the action.

When the same person is guardian for two or more wards whose real estate is owned by them jointly or in common, the actions may be joined, and in one complaint the guardian may ask for the sale of the interest of all or any number of his wards in the real estate. If different persons are guardians of wards interested jointly or in common in the same real estate, they may join as parties plaintiff in the same action. On the hearing, in either case, the court may authorize the sale of the interest of one or more of the wards.

Effective Date: 01-01-1976

This section is set out twice. See also § 2127.05, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.

2127.05 [Effective1/13/2012] Guardian may sell

Whenever necessary for the education, support, or the payment of the just debts of the ward, or for the discharge of liens on the real property of the ward, whenever the real property of the ward is suffering unavoidable waste, or a better investment of its value can be made, or whenever it appears that a sale of the real property will be for the benefit of the ward or the ward’s children, the guardian of the person and estate or of the estate only of a minor, person unable to manage the person’s property because of mental illness or deficiency, habitual drunkard, confined person, or other person under disability may commence a civil action in the probate court for authority to sell all or any part of the real property of the ward. If it appears to the advantage of the ward to lay out all or any part of the real property in town lots, application for that authority may also be made in the action.

When the same person is guardian for two or more wards whose real property is owned by them jointly or in common, the actions may be joined, and in one complaint the guardian may ask for the sale of the interest of all or any number of the guardian’s wards in the real property. If different persons are guardians of wards interested jointly or in common in the same real property, they may join as parties plaintiff in the same action. On the hearing, in either case, the court may authorize the sale of the interest of one or more of the wards.

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

Effective Date: 01-01-1976

This section is set out twice. See also § 2127.05, effective until 1/13/2012.