Ohio Rev. Code » Chapter 2109
Ohio Revised Code

Ohio Rev. Code § 2109.52 (2026)

Judgment on the complaint

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Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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When passing on a complaint made under section 2109.50 of the Revised Code, the probate court shall determine, by the verdict of a jury if either party requires it or without if not required, whether the person accused is guilty of having concealed, embezzled, conveyed away, or been in the possession of moneys, personal property, or choses in action of the estate, testamentary trust, or guardianship. If the person is found guilty, the probate court shall assess the amount of damages to be recovered or the court may order the return of the specific thing concealed or embezzled or may order restoration in kind. The probate court may issue a citation or other judicial order into any county in this state that shall be served and returned as provided in section 2109.50 of the Revised Code. The citation or other judicial order shall require any person who claims any interest in the assets alleged to have been concealed, embezzled, conveyed, or held in possession to appear before the court. At the hearing, the court may hear and determine questions of title relating to those assets. In all cases, except when the person found guilty is the fiduciary, the probate court shall render judgment in favor of the fiduciary or if there is no fiduciary in this state, the probate court shall render judgment in favor of the state, against the person found guilty, for the amount of the moneys or the value of the personal property or choses in action concealed, embezzled, conveyed away, or held in possession, together with ten per cent penalty and all costs of the proceedings or complaint; except that the judgment shall be reduced to the extent of the value of any thing specifically restored or returned in kind as provided in this section.

If the person found guilty is the fiduciary, the probate court shall render judgment in favor of the state against the fiduciary for the amount of the moneys or the value of the personal property or choses in action concealed, embezzled, conveyed away, or held in possession, together with penalty and costs as provided in this section.
Notes of Decisions
Cited in 59 cases (18 in the last 5 years), 1956–2026 · leading case: State v. Harmon, 2017-Ohio-320.
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State v. Harmon, 2017-Ohio-320. · cites it 16× “The only issue is a matter of law, whether the Court below erred in granting Harmon’s motion dismissing the indictment based upon a double jeopardy prohibition upon the ground that the finding of guilty in the concealment action in the probate court pursuant to R.”
Longworth v. Childers, 180 Ohio App. 3d 162 (Ohio Ct. App. 2d Dist. 2008). · cites it 9× “79, plus ten percent penalty pursuant to R.C. 2109.52. {¶ 2} Joan Longworth had five children: Donna, Mark, Damon, Childers, and Brian.”
Wozniak v. Wozniak, 629 N.E.2d 500 (Ohio Ct. App. 9th Dist. 1993). · cites it 3× “Defendant-appellant, Thomas Wozniak, appeals from a jury verdict in the probate court of Summit County finding him guilty under R.C. 2109.52 of wrongfully concealing, embezzling, or conveying assets of the estate of his mother, Helen Folk.”
In re Est. of Clapsaddle, 607 N.E.2d 1148 (Ohio Ct. App. 4th Dist. 1992). · cites it 9× “1 *754 R.C. 2109.52 grants the accused the right to a jury upon request.”
In re Est. of Meyer, 579 N.E.2d 260 (Ohio Ct. App. 12th Dist. 1989). · cites it 6× “” Additionally, R.C. 2109.52 states: “When passing on a complaint made under section 2109.”
In re Est. of Ohman, 2023-Ohio-4008, 228 N.E.3d 115. · cites it 9× “Ridoutt guilty pursuant to R.C. 2109.52, but found his three adult children not guilty.”
Lauerman v. Destocki, 622 N.E.2d 1122 (Ohio Ct. App. 4th Dist. 1993). · cites it 6× “” R.C. 2109.52 provides: “When passing on a complaint made under section 2109.”
Murray v. Carano, 2017-Ohio-8235. · cites it 5× “R.C. 2109.52. {¶35} Probate courts are courts of limited jurisdiction, and probate proceedings are thus restricted to those actions permitted by statute and by the Ohio Constitution.”
Goldberg v. Maloney, 855 N.E.2d 856 (Ohio 2006). · cites it 2× “” *216 {¶ 27} R.C. 2109.52 empowers the probate court to conduct a hearing in the concealment proceeding at which the court may determine questions of title concerning the allegedly concealed, embezzled, or conveyed estate assets, to determine whether the person accused is…”
Art v. Erwin, 956 N.E.2d 879 (Ohio Ct. App. 10th Dist. 2011). · cites it 5× “” R.C. 2109.52 provides: When passing on a complaint made under section 2109.”
In re Est. of Harmon, 2016-Ohio-2617. · cites it 4× “THE TRIAL COURT DENIED THE DEFENDANTS' DUE PROCESS RIGHTS BY FAILING TO CONDUCT A FULL AND FAIR JURY TRIAL PURSUANT TO R.C. 2109.52 AS DEMANDED BY EACH DEFENDANT.”
Rinehart v. Bank One, Columbus, N.A., 709 N.E.2d 559 (Ohio Ct. App. 10th Dist. 1998). · cites it 2× “R.C. 2109.52 provides that a court shall impose a ten percent statutory penalty upon any party found guilty of embezzling or wrongfully conveying away estate assets.”
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