Ohio Rev. Code » Chapter 2109
Ohio Revised Code

Ohio Rev. Code § 2109.05 (2026)

Bond - trust created by will

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Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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When considered necessary by the probate court and not otherwise directed in the will, a bond, as provided by sections 2109.01 to 2109.58 of the Revised Code, shall be required in all trusts created by will and not fully discharged, on the petition of an interested person and after notice to the trustee.

If the trustee fails to give bond within the time ordered by the court, the court shall remove the trustee from the trust, or the trustee shall be considered to have declined it.
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1959–2022 · leading case: State v. Hurt, 2022-Ohio-2039.
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State v. Hurt, 2022-Ohio-2039. · cites it 2× “As the majority indicates, the cited cases regarding R.C. 2109.05 do not specifically address the retroactivity of R.”
State v. Wagner, 2022-Ohio-4051, 200 N.E.3d 1192. · cites it 2× “The opinion addressed the similarities between R.C. 2109.05 and .09, citing Gloff in support, which the Supreme Court upheld as “correctly decided” in Brooks.”
Winters Nat'l Bank & Trust Co. v. Ross, 169 Ohio St. (N.S.) 335 (Ohio 1959). · cites it 2× “” Section 2109.05, Revised Code, provides in part: “When deemed necessary by the Probate Court and not otherwise directed in the will, a bond, as provided by Sections 2109.”
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