Ohio § 2127.41
Full text of Ohio Ohio Revised Code § 2127.41, with citation guidance and answers to common questions.
§ 2127.41.
If, after the institution of proceedings for the partition of the real property of
a decedent, it is found that the assets in the possession or under the control of
the executor or administrator probably are insufficient to pay the debts of the estate,
together with the allowance for support of the surviving spouse, minor children, or
surviving spouse and minor children as provided in section 2106.13 of the Revised Code , the expenses of administration, and the legacies that are a charge upon the real
property, the executor or administrator shall make a written statement to the probate
court of the assets, indebtedness, expenses, and legacies, and the court shall ascertain
the amount necessary to pay the debts, expenses, and legacies and give a certificate
of the amount to the executor or administrator. The executor or administrator then shall present the certificate to the court in which
the proceedings for partition are or have been pending, and, on the motion of the
executor or administrator, the court shall order the amount named in the certificate
to be paid over to the executor or administrator out of the proceeds of the sale of
the premises, if thereafter they are sold or already have been sold. This section does not prohibit an executor or administrator from proceeding to sell
real property belonging to the estate for the payment of debts or legacies, although
it has been sold on partition or otherwise, or the proceeds of the sale have been
fully distributed.
Frequently Asked Questions About Ohio § 2127.41
What does Ohio Revised Code § 2127.41 cover?
Section 2127.41 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 2127.41?
A common citation format is "Ohio Revised Code § 2127.41" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 2127.41 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.