Ohio Rev. Code » Chapter 2109
Ohio Revised Code

Ohio Rev. Code § 2109.24 (2026)

Resignation or removal of fiduciary

✓ current as of May 2026
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Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
PDF:
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The probate court at any time may accept the resignation of any fiduciary upon the fiduciary's proper accounting, if the fiduciary was appointed by, is under the control of, or is accountable to the court. The fiduciary may resign by filing a written statement with the court after giving at least fifteen days notice to the persons known to be interested in the estate. Upon notice or a motion of the fiduciary to resign, the court may set the matter for a hearing and may notify all interested persons. No fiduciary shall resign without an order of the court.

If a fiduciary fails to make and file an inventory as required by sections 2109.58, 2111.14, and 2115.02 of the Revised Code or to render a just and true account of the fiduciary's administration at the times required by section 2109.301, 2109.302, or 2109.303 of the Revised Code, and if the failure continues for thirty days after the fiduciary has been notified by the court of the expiration of the relevant time, the fiduciary may be removed by the court and shall receive no allowance for the fiduciary's services unless the court enters upon its journal its findings that the delay was necessary and reasonable.

The court may remove any fiduciary, after giving the fiduciary not less than ten days' notice, for habitual drunkenness, neglect of duty, incompetency, or fraudulent conduct, because the interest of the property, testamentary trust, or estate that the fiduciary is responsible for administering demands it, or for any other cause authorized by law.

The court may remove a testamentary trustee upon the written application of more than one-half of the persons having an interest in the estate controlled by the testamentary trustee, but the testamentary trustee is not to be considered as a person having an interest in the estate under the proceedings; except that no testamentary trustee appointed under a will shall be removed upon the written application unless for a good cause.

Upon the resignation or removal of the fiduciary, the court shall revoke all letters of authority for the fiduciary.
Notes of Decisions
Cited in 63 cases (9 in the last 5 years), 1955–2025 · leading case: In Re Guardianship of Sanders, 693 N.E.2d 1101 (Ohio Ct. App. 1997).
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In Re Guardianship of Sanders, 693 N.E.2d 1101 (Ohio Ct. App. 1997). · cites it 9× “In a June 3, 1996 decision and entry, the court stated that there were no grounds pursuant to R.C. 2109.24 for the removal of Mrs. Sanders as Elizabeth’s guardian and denied the application to terminate the guardianship.”
In Re Guardianship of Escola, 534 N.E.2d 866 (Ohio Ct. App. 1987). · cites it 6× “On June 17, 1985, Gwin, as guardian for Mabel, waived Mabel’s physician-patient privilege which then allowed the law firm of Gutierrez, Mackey & Gwin (which represented Henry) to obtain medical information from Dr.”
In re Guardianship of Bakhtiar, 2018 Ohio 1764 (Ohio Ct. App. 2018). · cites it 2× “"Pursuant to R.C. 2109.24, the probate court may take action to remove a fiduciary on its own motion.”
Kidd v. Alfano, 2016 Ohio 7519 (Ohio Ct. App. 2016). · cites it 2× “102082, 2016-Ohio-1218 , a trustee was removed under R.C. 2109.24, the probate specific statute -20- authorizing removal of a fiduciary, without reference to R.”
Est. of Karder, 2011 Ohio 3229 (Ohio Ct. App. 2011). · cites it 4× “THE PROBATE COURT ABUSED ITS DISCRETION WHEN IT REMOVED ROBERT KARDER AS ADMINISTRATOR FOR THE ESTATE, PURSUANT TO R.C. § 2109.24 AND R.C. §2109.44.” Stark County App.”
Ulinski v. Byers, 2015 Ohio 282 (Ohio Ct. App. 2015). · cites it 3× “He relies upon R.C. 2109.24 and several cases interpreting that statute.”
In Re Est. of Rice, 832 N.E.2d 139 (Ohio Ct. App. 2005). · cites it 7× “05 rather than R.C. 2109.24 in deciding to grant appellees’ motion to remove him as executor of his mother’s estate.”
McHenry v. McHenry, 2017 Ohio 1534 (Ohio Ct. App. 2017). · cites it 2× “In addition to the penalties under this section, the court may remove the fiduciary pursuant to section 2109.24 of the Revised Code for fraudulent conduct or dereliction of duty related to the fiduciary's personal use or misuse of funds or property belonging to a trust.”
In re Est. of Thomas, 2014 Ohio 3481 (Ohio Ct. App. 2014). · cites it 2× “18; see also R.C. 2109.24. {¶9} Here, David Thomas is appealing from an order appointing his brother as the administrator of their Mother’s estate.”
In Re Est. of Russolillo, 590 N.E.2d 1324 (Ohio Ct. App. 1990). · cites it 2× “" In his assignment of error, appellant asserts that the probate court erred in removing him as executor because he would not waive the physician-patient privilege for trial.”
Pio v. Ramsier, 623 N.E.2d 174 (Ohio Ct. App. 1993). · cites it 3× “This cause comes before the court upon the appeal of Victoria Ramsier from the judgment entered in the Wayne County Court of Common Pleas, Probate Division, removing her as executor of her mother’s estate, pursuant to R.C. 2109.24. Four months before her death, Evelyn Reinke…”
In Re Est. of Geanangel, 761 N.E.2d 1235 (Ohio Ct. App. 2002). “” {¶ 32} R.C. 2109.24 provides that the probate court may remove a fiduciary “for habitual drunkenness, neglect of duty, incompetency, or fraudulent conduct, because the interest of the trust demands it, or for any other cause authorized by law.”
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