Ohio § 2113.40

§ 2113.40.

(A) At any time after the appointment of an executor or administrator, the probate court,

if satisfied that it would be for the best interests of the estate, may authorize

the executor or administrator to sell at public or private sale, at a fixed price

or for the best price obtainable, and for cash or on the terms that the court may

determine, any part or all of the personal property belonging to the estate, except

the following: (1) Property that the surviving spouse desires to take at the appraised value; (2) Property specifically bequeathed, if the sale of that property is not necessary for

the payment of debts, provided that the property may be sold with the consent of the

person entitled to the property, including executors, administrators, guardians, and

trustees; (3) Property as to which distribution in kind has been demanded prior to the sale by

the surviving spouse or other beneficiary entitled to the distribution in kind; (4) Property that the court directs shall not be sold pursuant to a wish expressed by

the decedent in the decedent's will;  but at any later period, on application of a

party interested, the court may, and for good cause shall, require the sale to be

made. (B) In case of a sale before expiration of the time within which the surviving spouse

may elect to take at the appraised value, not less than ten days' notice of the sale

shall be given to the surviving spouse, unless the surviving spouse consents to the

sale or waives notice of the sale.  The notice shall not be required as to perishable property. (C) The court may permit the itemized list of personal property being sold to be incorporated

in documents and records relating to the sale, by reference to other documents and

records that have been filed in the court, provided that a court order shall not be

required to permit the public sale of personal property.