Ohio Revised Code

Ohio Rev. Code § 2115.16 (2026)

Hearing on inventory

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Effective:

January 13, 2012

Latest Legislation:

Senate Bill 124 - 129th General Assembly

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Upon the filing of the inventory required by section 2115.02 of the Revised Code, the probate court shall set a day, not later than one month after the day the inventory was filed, for a hearing on the inventory.

The executor or administrator may serve notice of the hearing, or may cause the notice to be served, upon any person who is interested in the estate. The probate court, after notice to the executor or administrator, either upon the motion of any interested party for good cause shown or at its own instance, may order that notice of the hearing is to be served upon persons the court designates.

For good cause, the hearing may be continued for the time that the court considers reasonable. Exceptions to the inventory or to the allowance for support provided by section 2106.13 of the Revised Code may be filed at any time prior to five days before the date set for the hearing or the date to which the hearing has been continued by any person interested in the estate or in any of the property included in the inventory, but the time limit for the filing of exceptions shall not apply in case of fraud or concealment of assets. When exceptions are filed, notice of them and the time of the hearing on them shall be given to the executor or administrator and the attorney of the executor or administrator by certified mail or by personal service, unless the notice is waived. At the hearing, the executor or administrator and any witness may be examined under oath. The court shall enter its finding on the journal and tax the costs as may be equitable.

Notes of Decisions

Cited in 38 cases (4 in the last 5 years), 1955–2025 · leading case: In re Est. of Soeder, 220 N.E.2d 547 (Ohio Ct. App. 8th Dist. 1966).

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In re Est. of Soeder, 220 N.E.2d 547 (Ohio Ct. App. 8th Dist. 1966). · cites it 10× “Section 2115.16 of the Revised Code reads in part as follows: “Upon the filing of the inventory required by Section 2115.”

Cole v. Ottawa Home & Sav. Ass'n, 246 N.E.2d 542 (Ohio 1969). · cites it 18× “Who are to be considered as proper parties to a hearing upon exceptions to an inventory filed pursuant to Section 2115.16, Revised Code? 2. Is the summary procedure provided for under Section 2115.”

Bishop v. Bishop, 934 N.E.2d 420 (Ohio Ct. App. 4th Dist. 2010). · cites it 4× “In a subsequent appeal, the Supreme Court of Ohio determined that the probate court was without authority to impress a constructive trust on the assets at issue at a hearing on exceptions to the inventory under R.C. 2115.16 because the matter was not properly before the court…”

Clark v. Beyoglides, 2021-Ohio-4588, 182 N.E.3d 1212. · cites it 2× “06 of the Revised code, may renounce such interest by filing a written statement of renunciation with the probate court within sixty days after notice of the hearing on inventory of the intestate's property has been given as required by section 2115.16 of the Revised Code. Any…”

In re Est. of Etzensperger, 457 N.E.2d 1161 (Ohio 1984). · cites it 5× “1 Presentation of a claim in a hearing on exceptions under R.C. 2115.16 may not be substituted for the timely presentation of a claim against the estate consistent with the procedures set forth in R.”

Sheets v. Antes, 470 N.E.2d 931 (Ohio Ct. App. 10th Dist. 1984). · cites it 3× “See R.C. 2115.16. “* * * Nor is that right any less affected * * * because of the existence of an adequate appellate remedy at the close of the * * * proceeding^].”

In re Est. of Faldon, 2016-Ohio-7337. · cites it 2× “32(B)(1), an executor shall provide a copy of the account to each beneficiary and shall file with the probate court a certificate of service of account.”

In re Est. of Wreede, 154 N.E.2d 756 (Ohio Ct. App. 3d Dist. 1958). · cites it 8× “) Section 2115.16. “Upon the filing of the inventory * * * the Probate Court shall forthwith set a day * * * for hearing on the inventory and shall give * * # notice of the hearing to the executor or administrator and to such of the following as are known to be residents of the…”

In re Guardianship of Maurer, 670 N.E.2d 1030 (Ohio Ct. App. 6th Dist. 1995). · cites it 2× “While R.C. 2115.16 requires that the probate court hold a hearing on the exceptions to the inventory, it does not require that this be an evidentiary hearing.”

In re Est. of Abraitis, 2020-Ohio-4222. · cites it 4× “Law and Analysis In her first assignment of error, Brady contends that the probate court erred in determining that she lacked standing to file exceptions to the final account for Sarunas’ estate because “‘R.C. 2115.16 does not limit the class of persons who can raise objections…”

In re Est. of Kemp, 2010-Ohio-4073, 937 N.E.2d 1102. · cites it 2× “R.C. 2115.16. “The hearing of exceptions to an inventory under [R.”

In re Est. of Platt, 772 N.E.2d 198 (Ohio Ct. App. 11th Dist. 2002). “Additionally, decedent took no affirmative action during the remainder of her life to impair, alter, or nullify CD account 49. Rather, the issues before us pertain to the subsequent action once CD account 49 matured on July 3, 1997.”

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