Ohio Rev. Code » Chapter 2113
Ohio Revised Code

Ohio Rev. Code § 2113.55 (2026)

Distribution in kind

✓ current as of May 2026
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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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Before making distribution in kind of property which is not specifically bequeathed, an executor or administrator shall obtain the approval of the probate court or the consent of all of the legatees or distributees whose interests may be affected by such distribution. A distribution in kind may be made to any beneficiary, including an executor, administrator, trustee, guardian, and the surviving spouse.
Notes of Decisions
Cited in 3 cases, 1965–2016 · leading case: In re Est. of Faldon, 2016 Ohio 7337 (Ohio Ct. App. 2016).
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In re Est. of Faldon, 2016 Ohio 7337 (Ohio Ct. App. 2016). “See R.C. 2113.55. 11. {¶ 27} A breach of fiduciary claim requires: (1) the existence of a duty arising from a fiduciary relationship; (2) a failure to observe the duty; and (3) an injury resulting proximately therefrom.”
Winters Nat'l Bank & Trust Co. v. Riffe, 206 N.E.2d 212 (Ohio 1965). · cites it 2× “Section 2113.55, Revised Code, provides: “Before making distribution in kind of property which is *78 not specifically bequeathed, an executor or administrator shall obtain the approval of the Probate Court or the consent of all of the legatees or distributees whose interests…”
In Re Est. of Riley, 847 N.E.2d 22 (Ohio Ct. App. 2006). “See R.C. 2113.55. She could, however, be thwarted in her efforts to do so if that property is sold prior to the conclusion of the estate’s administration.”
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