Ohio § 2109.52
Full text of Ohio Ohio Revised Code § 2109.52, with citation guidance and answers to common questions.
§ 2109.52.
When passing on a complaint made under section 2109.50 of the Revised Code , the probate court shall determine, by the verdict of a jury if either party requires
it or without if not required, whether the person accused is guilty of having concealed,
embezzled, conveyed away, or been in the possession of moneys, personal property,
or choses in action of the estate, testamentary trust, or guardianship. If the person is found guilty, the probate court shall assess the amount of damages
to be recovered or the court may order the return of the specific thing concealed
or embezzled or may order restoration in kind. The probate court may issue a citation or other judicial order into any county in
this state that shall be served and returned as provided in section 2109.50 of the Revised Code . The citation or other judicial order shall require any person who claims any interest
in the assets alleged to have been concealed, embezzled, conveyed, or held in possession
to appear before the court. At the hearing, the court may hear and determine questions of title relating to
those assets. In all cases, except when the person found guilty is the fiduciary, the probate
court shall render judgment in favor of the fiduciary or if there is no fiduciary
in this state, the probate court shall render judgment in favor of the state, against
the person found guilty, for the amount of the moneys or the value of the personal
property or choses in action concealed, embezzled, conveyed away, or held in possession,
together with ten per cent penalty and all costs of the proceedings or complaint;
except that the judgment shall be reduced to the extent of the value of any thing
specifically restored or returned in kind as provided in this section. If the person found guilty is the fiduciary, the probate court shall render judgment
in favor of the state against the fiduciary for the amount of the moneys or the value
of the personal property or choses in action concealed, embezzled, conveyed away,
or held in possession, together with penalty and costs as provided in this section.
Frequently Asked Questions About Ohio § 2109.52
What does Ohio Revised Code § 2109.52 cover?
Section 2109.52 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2109.52?
A common citation format is "Ohio Revised Code § 2109.52" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2109.52 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.