Ohio § 2117.06

§ 2117.06.

(A) All creditors having claims against an estate, including claims arising out of contract,

out of tort, on cognovit notes, or on judgments, whether due or not due, secured or

unsecured, liquidated or unliquidated, shall present their claims in one of the following

manners: (1) After the appointment of an executor or administrator and prior to the filing of

a final account or a certificate of termination, in one of the following manners: (a) To the executor or administrator, or to an attorney who is identified as counsel

for the executor or administrator in the probate court records for the estate of the

decedent, in a writing; (b) To the probate court in a writing that includes the probate court case number of

the decedent's estate; (c) In a writing that is actually received by the executor or administrator, or by an

attorney who is identified as counsel for the executor or administrator in the probate

court records for the estate of the decedent, within the appropriate time specified

in division (B) of this section and without regard to whom the writing is addressed.  For purposes of this division, if an executor or administrator is not a natural

person, the writing shall be considered as being actually received by the executor

or administrator only if the person charged with the primary responsibility of administering

the estate of the decedent actually receives the writing within the appropriate time

specified in division (B) of this section. (2) If the final account or certificate of termination has been filed, in a writing to

those distributees of the decedent's estate who may share liability for the payment

of the claim. (B) Except as provided in section 2117.061 of the Revised Code , all claims shall be presented within six months after the death of the decedent,

whether or not the estate is released from administration or an executor or administrator

is appointed during that six-month period.  Every claim presented shall set forth the claimant's address. (C) Except as provided in section 2117.061 of the Revised Code , a claim that is not presented within six months after the death of the decedent

shall be forever barred as to all parties, including, but not limited to, devisees,

legatees, and distributees.  No payment shall be made on the claim and no action shall be maintained on the claim,

except as otherwise provided in sections 2117.37 to 2117.42 of the Revised Code with reference to contingent claims. (D) In the absence of any prior demand for allowance, the executor or administrator shall

allow or reject all claims, except tax assessment claims, within thirty days after

their presentation, provided that failure of the executor or administrator to allow

or reject within that time shall not prevent the executor or administrator from doing

so after that time and shall not prejudice the rights of any claimant.  Upon the allowance of a claim, the executor or the administrator, on demand of the

creditor, shall furnish the creditor with a written statement or memorandum of the

fact and date of the allowance. (E) If the executor or administrator has actual knowledge of a pending action commenced

against the decedent prior to the decedent's death in a court of record in this state,

the executor or administrator shall file a notice of the appointment of the executor

or administrator in the pending action within ten days after acquiring that knowledge.  If the administrator or executor is not a natural person, actual knowledge of a

pending suit against the decedent shall be limited to the actual knowledge of the

person charged with the primary responsibility of administering the estate of the

decedent.  Failure to file the notice within the ten-day period does not extend the claim period

established by this section. (F) This section applies to any person who is required to give written notice to the

executor or administrator of a motion or application to revive an action pending against

the decedent at the date of the death of the decedent. (G) Nothing in this section or in section 2117.07 of the Revised Code shall be construed to reduce the periods of limitation or periods prior to repose

in section 2125.02 or Chapter 2305. of the Revised Code, provided that no portion

of any recovery on a claim brought pursuant to that section or any section in that

chapter shall come from the assets of an estate unless the claim has been presented

against the estate in accordance with Chapter 2117. of the Revised Code. (H) Any person whose claim has been presented and has not been rejected after presentment

is a creditor as that term is used in Chapters 2113. to 2125. of the Revised Code.  Claims that are contingent need not be presented except as provided in sections 2117.37 to 2117.42 of the Revised Code , but, whether presented pursuant to those sections or this section, contingent claims

may be presented in any of the manners described in division (A) of this section. (I) If a creditor presents a claim against an estate in accordance with division (A)(1)(b)

of this section, the probate court shall not close the administration of the estate

until that claim is allowed or rejected. (J) The probate court shall not require an executor or administrator to make and return

into the court a schedule of claims against the estate. (K) If the executor or administrator makes a distribution of the assets of the estate

pursuant to section 2113.53 of the Revised Code and prior to the expiration of the time for the presentation of claims as set forth

in this section, the executor or administrator shall provide notice on the account

delivered to each distributee that the distributee may be liable to the estate if

a claim is presented prior to the filing of the final account and may be liable to

the claimant if the claim is presented after the filing of the final account up to

the value of the distribution and may be required to return all or any part of the

value of the distribution if a valid claim is subsequently made against the estate

within the time permitted under this section.