The following is a summary of claims related to Probate Court in the state of Ohio.
Specifically, we have listed the relevant statutes of limitations from the Ohio Revised Code sections.
- 2117.02: If you are the executor or administrator of an estate, this spells out the procedures and requirements necessary if you want to make a claim against the estate in probate court. Claims must be filed within 3 months of the decedent’s death.
- 2117.06(B): If any creditors (people to whom the decedent owed money) want to make a claim against the estate, this code explains that they must present them within six months after the decedent’s death. This doesn’t include Medicaid claims.
- 2117.07: The executor can shorten the amount of time that creditors are allowed to make claims against the estate from 6 months to 30 days, by giving written notice to that potential claimant. The notice must inform the potential claimant that any claims that they have against the estate must be shown to the executor within 30 days after the notice is received or six months after the decedent’s death, whichever is earlier.
- 2117.12: If a claim against the estate is rejected but not mentioned to referees, or when a claim is first allowed but then rejected in the future, the claimant has to start a new action on the claim. This action must occur two months after the rejection if the debt due.
- 2117.37: A claim is considered contingent if no one can be sure at the decedent’s death whether the claim will ever become due. In the case of contingent claims, if a cause of action subsequently accrues, it needs to be presented to the executor the same way that other claims are handled. It must occur either six months after the decedent’s death or two months after the cause of the action ensues, whichever is later.
- 2117.061(D): This relates to Medicaid claims taken for the estate recovery program. The Medicaid administrator must present any claims to the estate executor or decedent’s legal representative not later than 90 days after the Medicaid estate recovery notice form is received, or one year after the death of the decedent, whichever is later.
- 2107.76: If you want to challenge or dispute a will, you must do it within three months.
- 2107.19: When a will has been submitted to probate, the fiduciary (executor) must give notice to the surviving spouse and all persons named in the will within two weeks of submission. The notice shall mention the probate of the will and, if a particular person has been named as a beneficiary, the notice will state that. A copy of the will is not required to be given with the notice. A certificate of notice has to be filed, within two months of the appointment of the fiduciary. If there isn’t a fiduciary appointed, the certificate has to be filed within two months after admission of the will to probate.
- 2107.29-.32: This concerns disputing admittance of a copy of will when the original will is destroyed. This action must occur within five years.
- 2107.47: This deals with the scenario of what happens if somebody buys real estate from an heir of the decedent/beneficiary, not having knowledge about the will, and then gives/sells it to someone else. For resident decedents, the purchaser keeps the property if the will or later will is not given to probate within three months after the decedent’s death. For non-resident decedents, the purchaser keeps the property if the later will is not provided for record in Ohio within three months.
- 2107.60: This pertains to recording someone’s will as they say it orally, in the event of final illness, in respect to personal property. It must be written down by two competent, disinterested witnesses within ten days after the speaking of the testamentary words. The witnesses shall prove that the testator was of sound mind and memory, not under restraint and that the testator called upon some person present at the time the testamentary words were spoken to bear testimony to the disposition of the testator’s will. This form of will must be filed for probate within three months after the testator’s death.
For more information on Estate Planning, Probate, or Trust Administration, feel free to contact Elliott Stapleton to discuss your legal matter and provide consultation in our Hyde Park/Central Cincinnati office: 2101 Grandin Road, Suite A, Cincinnati, OH 45208
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