Ohio Code 2117.30 – Suits against executor or administrator
(A) No suit shall be brought against an executor or administrator by a creditor of the decedent or by any other party interested in the estate until after five months from the time of the appointment of the executor or administrator, or the expiration of the further time allowed by the probate court for the collection of the assets of the estate, except in the following cases:
Terms Used In Ohio Code 2117.30
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- Fraud: Intentional deception resulting in injury to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Probate: Proving a will
- Property: means real and personal property. See Ohio Code 1.59
- Rule: includes regulation. See Ohio Code 1.59
- Statute: A law passed by a legislature.
(1) On claims rejected in whole or in part;
(2) For the enforcement of a lien against or involving title to specific property;
(3) For the recovery of a claim that would not be affected by the insolvency of the estate;
(4) On account of fraud, conversion, or concealment of assets;
(5) Any other action as to which a different rule is prescribed by statute.
(B) When an executor or administrator dies, resigns, or is removed without having fully administered the estate of the deceased, the time between the executor’s or administrator’s death, resignation, or removal and the appointment of a successor shall be excluded in computing the five months or longer period provided in division (A) of this section. In any event, the executor’s or administrator’s successor shall not be held to answer the suit until after the expiration of four months from the date of the successor’s appointment, or a further time allowed the executor or administrator by the court for the collection of the assets of the estate.