Ohio Revised Code

Ohio Rev. Code § 2113.52 (2026)

Devisee takes subject to tax lien - exoneration of mortgage lien

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Effective:

January 13, 2012

Latest Legislation:

Senate Bill 124 - 129th General Assembly

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(A) A devisee taking real property under a devise in a will, unless the will otherwise provides, or an heir taking real property under the statutes of descent and distribution shall take the real property subject to all taxes, penalties, interest, and assessments that are a lien against that real property.

(B) If real property devised in a will is subject to a mortgage lien that exists on the date of the testator's death, the person taking the real property under the devise has no right of exoneration for the mortgage lien, regardless of a general direction in the will to pay the testator's debts, unless the will specifically provides a right of exoneration that extends to that lien.

Notes of Decisions

Cited in 6 cases, 1984–2017 · leading case: In re Est. of Pizzoferrato, 2010-Ohio-4848, 940 N.E.2d 1018.

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In re Est. of Pizzoferrato, 2010-Ohio-4848, 940 N.E.2d 1018. · cites it 16× “54(C), which states: {¶ 25} “A devisee of real estate that is subject to a mortgage lien that exists on the date of the testator’s death, who does not have a right of exoneration that extends to that lien because of the operation of division (B) of section 2113.52 of the Revised…”

McHenry v. McHenry, 2017-Ohio-1534. · cites it 5× “THE TRIAL COURT ERRED IN FINDING O.R.C. §2113.52 INAPPLICABLE.” I. {¶20} In his first assignment of error, appellant argues that the court erred in granting a preliminary injunction which prevented him from transferring the Oaklynn Street property into his name.”

James B. Nutter & Co. v. Est. of Neifer, 2016-Ohio-7641. “See R.C. 2113.52. The elements a foreclosing plaintiff must show are that (1) the movant is the holder of the note and mortgage, or is a party entitled to enforce the instrument; (2) if the movant is not the original mortgagee, the chain of assignments and transfers; (3) the…”

In re Est. of Carpenter, 719 N.E.2d 20 (Ohio Ct. App. 11th Dist. 1998). · cites it 3× “Parke objected to the use of estate funds for payment of expenses relating to the home, claiming that Carpenter essentially devised the property to appellant and, pursuant to R.C. 2113.52, appellant was required to utilize his own funds for these items.”

Winkelfoos v. Mann, 475 N.E.2d 509 (Ohio Ct. App. 6th Dist. 1984). “In Green, the Court of Common Pleas of Erie County, Probate Division, held that the value of an automobile taken by a surviving spouse pursuant to R.C. 2113.52 is not an asset of the estate and that the $5,000 statutory allowance provided for in R.”

Ohio N. Univ. v. Ramga, 5 Ohio App. Unrep. 54 (Ohio Ct. App. 3d Dist. 1990). “R.C. 2113.52 provides that a devisee taking real estate under a will takes the estate subject to all taxes, penalties, interest, and mortgages in the absence of a specific provision in the will to the contrary.”

Ohio Rev. Code § 2113.52(B): 1 case

In re Est. of Pizzoferrato, 2010-Ohio-4848, 940 N.E.2d 1018. “54(C), which states: {¶ 25} “A devisee of real estate that is subject to a mortgage lien that exists on the date of the testator’s death, who does not have a right of exoneration that extends to that lien because of the operation of division (B) of section 2113.52 of the Revised…”

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