When a will is approved and allowed, the probate court shall issue letters testamentary to the executor named in the will or to the executor nominated by holders of a power as described in section 2107.65 of the Revised Code, or to the executor named in the will and to a coexecutor nominated by holders of that power, if the executor or coexecutor is suitable, competent, accepts the appointment, and gives bond if that is required.
If no executor is named in a will and no power as described in section 2107.65 of the Revised Code is conferred in the will, or if the executor named in a will or nominated pursuant to that power dies, fails to accept the appointment, resigns, or is otherwise disqualified and the holders of the power do not have authority to nominate another executor or the power is not conferred in the will, or if the power is conferred in a will but the power cannot be exercised because of the death of a holder of the power, letters of administration with the will annexed shall be granted to a suitable person or persons, named as devisees or legatees in the will, who would have been entitled to administer the estate if the decedent had died intestate, unless the will indicates an intention that the person or persons shall not be granted letters of administration. Otherwise, the court shall grant letters of administration with the will annexed to some other suitable person.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1959–2024 · leading case: In Re Emery, 391 N.E.2d 746 (Ohio Ct. App. 1978).
In Re Emery, 391 N.E.2d 746 (Ohio Ct. App. 1978). · cites it 2ד21 now reads, in pertinent part: “Any fiduciary, except an executor appointed pursuant to section 2113.05 of the Eevised Code, whose residence qualifications are not defined in this section shall be a resident of the state, and shall be removed on proof that he is no longer a…”
In Re Est. of Rice, 832 N.E.2d 139 (Ohio Ct. App. 2005). · cites it 6דSpecifically, appellant avers that the trial court relied on R.C. 2113.05 rather than R.C. 2109.24 in deciding to grant appellees’ motion to remove him as executor of his mother’s estate.”
In Re Est. of Young, 212 N.E.2d 612 (Ohio Ct. App. 1964). · cites it 4דThe present statute is Section 2113.05, Revised Code, which provides: “When a will is approved and allowed, the Probate Court shall issue letters testamentary thereon to the executor named in such will, if he is suitable, competent, accepts the trust, and gives bond if that is…”
In re Est. of Jenkins, 2019 Ohio 2112 (Ohio Ct. App. 2019). · cites it 2דUnder R.C. 2113.05, the probate court may appoint an administrator for an estate: if the executor named in a will or nominated pursuant to that power dies, fails to accept the appointment, resigns, or is otherwise disqualified and the holders of the power do not have authority…”
In Re Est. of Pfahler, 581 N.E.2d 602 (Ohio Ct. App. 1989). · cites it 2דR.C. 2113.05 mandates that the probate court issue letters testamentary to the executor named in the will if the person so named is “ * * * suitable, competent, accepts the appointment, and gives bond if that is required.”
In Re Est. of Roch, 610 N.E.2d 524 (Ohio Ct. App. 1991). · cites it 2ד06, which establishes the priority of persons entitled to administer an estate and gives first priority to the surviving spouse of the decedent.”
In Re Est. of Usiak, 874 N.E.2d 838 (Ohio Ct. App. 2007). “R.C. 2113.05 states: {¶ 50} “If no executor is named in a will and no power as described in section 2107.”
Pio v. Ramsier, 623 N.E.2d 174 (Ohio Ct. App. 1993). “R.C. 2113.05. Nonetheless, the trial court analyzed Victoria Ramsier’s suitability after appointment in the context of determining what was in the best interest of the estate.”
In the Matter of the Est. of Price, 2014 Ohio 537 (Ohio Ct. App. 2014). · cites it 2ד“R.C. 2113.05 vests authority in the Probate Court to exercise discretion in determining if an applicant for letters testamentary is a suitable person; an order granting or refusing letters of appointment is reversible only upon a finding of an abuse of discretion.”
In re Est. of Fields, 2016 Ohio 5358 (Ohio Ct. App. 2016). · cites it 2דAccordingly, we reverse that part of the judgment, and we remand this case with the instruction that the court appoint a “suitable person,” pursuant to R.C. 2113.05, so that the estate can be administered according to the terms of decedent’s last will and testament.”
In Re Est. of George, 252 N.E.2d 176 (Ohio Ct. App. 1969). “Sections 2113.05, 2113.06 and 2113.07, Eevised Code.”
Gockel v. Eble, 648 N.E.2d 539 (Ohio Ct. App. 1994). · cites it 2דAppellants argue the trial court erred when it removed Eble from participating at trial in the capacity of executrix and, subsequently, appointed Hawkins as special administratrix with will annexed to defend Price’s will.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.