Ohio § 2113.61

§ 2113.61.

(A)(1) When real property passes by the laws of intestate succession or under a will, the

administrator or executor shall file in probate court, at any time after the filing

of an inventory that includes the real property but prior to the filing of the administrator's

or executor's final account, an application requesting the court to issue a certificate

of transfer as to the real property.  Real property sold by an executor or administrator or land registered under Chapters

5309. and 5310. of the Revised Code is excepted from the application requirement.  Cases in which an order has been made under section 2113.03 of the Revised Code relieving an estate from administration and in which the order directing transfer

of real property to the person entitled to it may be substituted for the certificate

of transfer also are excepted from the application requirement. (2) In accordance with division (C)(3)(b) of section 2113.031 of the Revised Code , an application for a certificate of transfer of an interest in real property included

in the assets of the decedent's estate shall accompany an application for a summary

release from administration under that section.  This section applies to the application for and the issuance of the requested certificate

of transfer except to the extent that the probate court determines that the nature

of any of the provisions of this section is inconsistent with the nature of a grant

of a summary release from administration. (B) Subject to division (A)(2) of this section, the application for a certificate of

transfer shall contain all of the following: (1) The name, place of domicile at death, and date of death of the decedent; (2) A statement whether the decedent died testate or intestate; (3) The reason the property is being transferred to the devisee or devisees; (4) Whether any spousal elections have been exercised; (5) Whether any disclaimers or assignments have been filed; (6) A statement that all the known debts of the decedent's estate have been paid or secured

to be paid, or that sufficient other assets are in hand to complete the payment of

those debts or a statement that the estate is insolvent and the transfer is of the

mansion house and is being made to satisfy all or a portion of the spousal allowance

for support; (7) Other pertinent information that the court requires. (C) Subject to division (A)(2) of this section, within five days following the filing

of an application for a certificate of transfer that complies with division (B) of

this section, the court shall issue a certificate of transfer for record in each county

in this state in which real property so passing is situated, that shall recite all

of the following: (1) The name and date of death of the decedent; (2) Whether the decedent died testate or intestate; (3) The case number of the probate court record of the administration of the estate; (4) The names and places of residence of the devisees, the interests passing to them,

the names and places of residence of the persons inheriting intestate, and the interests

inherited by them, in each parcel of real property being transferred; (5) A description of each parcel of real property being transferred; (6) Other information that in the opinion of the court should be included. (D) If an executor or administrator has failed to file an application for a certificate

of transfer before being discharged, the application may be filed by an heir or devisee,

or a successor in interest, in the probate court in which the testator's will was

probated or, in the case of intestate estates, in the probate court in which administration

was had.  If no administration was had on an estate and if no administration is contemplated,

except in the case of the grant of or contemplated application for the grant of an

order of a summary release from administration under section 2113.031 of the Revised Code , an application for a certificate of transfer may be filed by an heir or devisee,

or a successor in interest, in the probate court of the county in which the decedent

was a resident at the time of death or in which the real property of the decedent

is located. (E) A foreign executor or administrator, if no ancillary administration proceedings have

been had or are being had in this state, may file in accordance with this section

an application for a certificate of transfer in the probate court of any county of

this state in which real property of the decedent is located. (F) When a person who has entered into a written contract for the sale and conveyance

of an interest in real property dies before its completion, the interest of the decedent

in the contract and the record title to the real property described in the contract

may be transferred to the devisees or heirs at law entitled to the interest of the

decedent in the real property, in the same manner as provided in this section and section 2113.62 of the Revised Code for the transfer of real property.  The application for the certificate of transfer and the certificate itself also

shall recite that the real property described in the application or certificate is

subject to a written contract for its sale and conveyance.