Ohio § 2113.05

§ 2113.05.

When a will is approved and allowed, the probate court shall issue letters testamentary

to the executor named in the will or to the executor nominated by holders of a power

as described in section 2107.65 of the Revised Code , or to the executor named in the will and to a coexecutor nominated by holders of

that power, if the executor or coexecutor is suitable, competent, accepts the appointment,

and gives bond if that is required. If no executor is named in a will and no power as described in section 2107.65 of the Revised Code is conferred in the will, or if the executor named in a will or nominated pursuant

to that power dies, fails to accept the appointment, resigns, or is otherwise disqualified

and the holders of the power do not have authority to nominate another executor or

the power is not conferred in the will, or if the power is conferred in a will but

the power cannot be exercised because of the death of a holder of the power, letters

of administration with the will annexed shall be granted to a suitable person or persons,

named as devisees or legatees in the will, who would have been entitled to administer

the estate if the decedent had died intestate, unless the will indicates an intention

that the person or persons shall not be granted letters of administration.  Otherwise, the court shall grant letters of administration with the will annexed

to some other suitable person.