Ohio Code 2107.53 – Undevised real property applied to debts
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When part of the real property of a testator descends to the testator’s heirs because it was not disposed of by the testator’s will, and the testator’s personal property is insufficient to pay the testator’s debts, the undevised real property shall be chargeable first with the debts, as far as it will go, in exoneration of the real property that is devised, unless it appears from the will that a different arrangement of assets was made for the payment of the testator’s debts, in which case the assets shall be applied for that purpose in conformity with the will.
Terms Used In Ohio Code 2107.53
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Personal property: All property that is not real property.
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Testator: A male person who leaves a will at death.