(A) The probate court may remove any executor or administrator if there are unsettled claims existing between the executor or administrator and the estate that the court thinks may be the subject of controversy or litigation between the executor or administrator and the estate or persons interested in the estate.
(B) The probate court may remove any executor or administrator upon motion of the surviving spouse, children, or other next of kin of the deceased person whose estate is administered by the executor or administrator if both of the following apply:
(1) The executor or administrator refuses to bring an action for wrongful death in the name of the deceased person.
(2) The court determines that a prima-facie case for a wrongful death action can be made from the information available to the executor or administrator.
Notes of Decisions
Cited in 25
cases (5 in the last 5 years), 1960–2026 · leading case: Toledo Bar Assn. v. Rust, 2010-Ohio-170, 921 N.E.2d 1056.
Toledo Bar Assn. v. Rust, 2010-Ohio-170, 921 N.E.2d 1056. · cites it 2ד18 authorizes a probate court to remove the administrator of a decedent’s estate under circumstances that respondent claims are present here— when the administrator refuses to bring a wrongful-death action and a prima facie case for wrongful death exists.”
In re Est. of Thomas, 2014-Ohio-3481. “) Griffa at ¶ 10, citing R.C. 2113.18; 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.”
Firestone v. Galbreath, 895 F. Supp. 917 (S.D. Ohio 1995). “46, which provides for recoupment of assets by a fiduciary, and Ohio Revised Code § 2113.18, which provides for removal of an executor.”
In re Est. of Young, 212 N.E.2d 612 (Ohio Ct. App. 10th Dist. 1964). · cites it 2דIn this connection, specific reference is also made to the removal provisions of Section 2113.18, Eevised Code, which states: “The Probate Court may remove any executor or administrator if there are unsettled claims existing between him and the estate, which the court thinks may…”
In re Est. of Weiner, 2019-Ohio-2354. “{¶ 68} On June 10, 2002, Dan moved the Probate Court under R.C. 2113.18 to remove Ted from his position as executor for “refus[ing] to re-file the [w]rongful [d]eath action in the Montgomery County Common Pleas Court[,] although [asked] to do so.”
In re Est. of Rice, 832 N.E.2d 139 (Ohio Ct. App. 9th Dist. 2005). · cites it 2ד” {¶ 9} R.C. 2113.18(A) states, “The probate court may remove any executor or administrator if there are unsettled claims existing between him and the estate, which the court thinks may be the subject of controversy or litigation between him and the estate or persons interested…”
In re Est. of McCauley, 2014-Ohio-2291. · cites it 3דRemoval of the executor under R.C. 2113.18 is clearly discretionary with the trial court.”
In re Est. of Hoppes, 2014-Ohio-5749. · cites it 3ד24 and R.C. 2113.18 provide the statutory basis for the removal of a fiduciary.”
In re Est. of Berman, 194 N.E.2d 794 (Ohio Ct. App. 1963). · cites it 2דUpon this appeal we do not determine whether or not the circumstances are such as would require the court to remove the executor as provided by Section 2113.18, Eevised Code, providing as follows: “The Probate Court may remove any executor or administrator if there are unsettled…”
In re Est. of von Meyer, 2017-Ohio-5839. · cites it 4ד4 {¶9} First, Section 2113.18 provides that “[t]he probate court may remove any executor * * * if there are unsettled claims existing between the executor * * * and the estate that the court thinks may be the subject of controversy or litigation between the executor * * * and…”
In re Est. of Abraitis, 2018-Ohio-584. · cites it 2ד{¶6} The court further found that Brady had a “clear conflict in serving as executrix of this estate due to the judgment rendered between her and decedent, jointly and severally,” and “Brady’s rejection of Adam Fried’s claim on behalf of the estate of Abraitis’s mother is…”
In re Est. of Griffa, 2012-Ohio-904. · cites it 2דShould the executor fail to dutifully carry out this responsibility, the legislature has set forth a mechanism for removal of an executor pursuant to R.C. 2113.18. While an order granting or denying a motion to remove an executor would affect a substantial right created by…”
In re Est. of Rice, 832 N.E.2d 139 (Ohio Ct. App. 9th Dist. 2005). “” {¶ 9} R.C. 2113.18(A) states, “The probate court may remove any executor or administrator if there are unsettled claims existing between him and the estate, which the court thinks may be the subject of controversy or litigation between him and the estate or persons interested…”
In re Est. of McCauley, 2014-Ohio-2291. “Removal of the executor under R.C. 2113.18 is clearly discretionary with the trial court.”
In re Est. of Hoppes, 2014-Ohio-5749. “24 and R.C. 2113.18 provide the statutory basis for the removal of a fiduciary.”
In re Est. of Abraitis, 2018-Ohio-584. “{¶6} The court further found that Brady had a “clear conflict in serving as executrix of this estate due to the judgment rendered between her and decedent, jointly and severally,” and “Brady’s rejection of Adam Fried’s claim on behalf of the estate of Abraitis’s mother is…”
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