Ohio § 2113.50

§ 2113.50.

When a person who has entered into a written contract for the purchase of an interest

in real property dies before the conveyance of the interest to the person, the executor

or administrator of the decedent's estate, the surviving spouse, any heir, or any

devisee or legatee having an interest in the contract may file an application for

authority to complete the contract in the probate court of the county in which the

executor or administrator was appointed.  Notice of the time of the hearing on the application shall be given to the surviving

spouse and heirs, if the decedent died intestate, and to the surviving spouse and

devisees or legatees having an interest in the contract, if the decedent died testate,

to the executor or administrator, if not the applicant, and to all other persons having

an interest in the real property that is the subject of the contract.  If the court is satisfied that it would be for the best interests of the estate,

it may, with the consent of the vendor, authorize the executor or administrator to

complete the contract, pay to the vendor the amount due on the contract, and authorize

a conveyance of the interest in the real property to the persons entitled to it.  If, however, the court finds that the condition of the estate at the time of the

hearing does not warrant the payment out of the estate of the amount due under the

contract, it may authorize the persons entitled to the interest of the decedent in

the contract to pay to the vendor the amount due on the contract.  The real property so conveyed shall thereafter be chargeable with the debts of the

estate to the extent of the equitable interest of the estate in the real property,

and may be sold in land sale proceedings, except that in the event of that sale, the

persons to whom the real property shall have been conveyed shall have a prior lien

on the proceeds as against the estate to the extent of any portion of the purchase

price paid by them. The executor or administrator, surviving spouse, any heir, or any devisee or legatee

having an interest in the contract, may file a complaint for the alteration or cancellation

of the contract in the probate court of the county in which the executor or administrator

was appointed.  If the decedent died intestate, the surviving spouse and heirs, and if the decedent

died testate, the surviving spouse and devisees or legatees having an interest in

the contract, and the executor or administrator, if not the plaintiff, together with

the vendor, and all other persons having an interest in the real property that is

subject to the contract, shall be made parties defendant.  If the court is satisfied that it would be for the best interests of the estate,

the court, with the consent of the vendor, may authorize the executor or administrator

to agree to the alteration or cancellation of the contract and to execute and deliver

the deeds or other instruments to the vendor that are required to make the order of

the court effective.  The deeds or other instruments that are executed and delivered pursuant to the court's

order shall recite the order and be as binding on the parties to the suit as if made

by the deceased prior to death.