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Ohio Revised Code

Ohio Rev. Code § 2117.06 (2026)

Presentation and allowance of creditor's claims - pending action against decedent

✓ current as of May 2026
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Effective:
April 3, 2023
Latest Legislation:
Senate Bill 202 - 134th General Assembly
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(A) All creditors having claims against an estate, including claims arising out of contract, out of tort, on cognovit notes, or on judgments, whether due or not due, secured or unsecured, liquidated or unliquidated, shall present their claims in one of the following manners:

(1) After the appointment of an executor or administrator and prior to the filing of a final account or a certificate of termination, in one of the following manners:

(a) To the executor or administrator, or to an attorney who is identified as counsel for the executor or administrator in the probate court records for the estate of the decedent, in a writing;

(b) To the probate court in a writing that includes the probate court case number of the decedent's estate;

(c) In a writing that is actually received by the executor or administrator, or by an attorney who is identified as counsel for the executor or administrator in the probate court records for the estate of the decedent, within the appropriate time specified in division (B) of this section and without regard to whom the writing is addressed. For purposes of this division, if an executor or administrator is not a natural person, the writing shall be considered as being actually received by the executor or administrator only if the person charged with the primary responsibility of administering the estate of the decedent actually receives the writing within the appropriate time specified in division (B) of this section.

(2) If the final account or certificate of termination has been filed, in a writing to those distributees of the decedent's estate who may share liability for the payment of the claim.

(B) Except as provided in section 2117.061 of the Revised Code, all claims shall be presented within six months after the death of the decedent, whether or not the estate is released from administration or an executor or administrator is appointed during that six-month period. Every claim presented shall set forth the claimant's address.

(C) Except as provided in section 2117.061 of the Revised Code, a claim that is not presented within six months after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees. No payment shall be made on the claim and no action shall be maintained on the claim, except as otherwise provided in sections 2117.37 to 2117.42 of the Revised Code with reference to contingent claims.

(D) In the absence of any prior demand for allowance, the executor or administrator shall allow or reject all claims, except tax assessment claims, within thirty days after their presentation, provided that failure of the executor or administrator to allow or reject within that time shall not prevent the executor or administrator from doing so after that time and shall not prejudice the rights of any claimant. Upon the allowance of a claim, the executor or the administrator, on demand of the creditor, shall furnish the creditor with a written statement or memorandum of the fact and date of the allowance.

(E) If the executor or administrator has actual knowledge of a pending action commenced against the decedent prior to the decedent's death in a court of record in this state, the executor or administrator shall file a notice of the appointment of the executor or administrator in the pending action within ten days after acquiring that knowledge. If the administrator or executor is not a natural person, actual knowledge of a pending suit against the decedent shall be limited to the actual knowledge of the person charged with the primary responsibility of administering the estate of the decedent. Failure to file the notice within the ten-day period does not extend the claim period established by this section.

(F) This section applies to any person who is required to give written notice to the executor or administrator of a motion or application to revive an action pending against the decedent at the date of the death of the decedent.

(G) Nothing in this section or in section 2117.07 of the Revised Code shall be construed to reduce the periods of limitation or periods prior to repose in section 2125.02 or Chapter 2305. of the Revised Code, provided that no portion of any recovery on a claim brought pursuant to that section or any section in that chapter shall come from the assets of an estate unless the claim has been presented against the estate in accordance with Chapter 2117. of the Revised Code.

(H) Any person whose claim has been presented and has not been rejected after presentment is a creditor as that term is used in Chapters 2113. to 2125. of the Revised Code. Claims that are contingent need not be presented except as provided in sections 2117.37 to 2117.42 of the Revised Code, but, whether presented pursuant to those sections or this section, contingent claims may be presented in any of the manners described in division (A) of this section.

(I) If a creditor presents a claim against an estate in accordance with division (A)(1)(b) of this section, the probate court shall not close the administration of the estate until that claim is allowed or rejected.

(J) The probate court shall not require an executor or administrator to make and return into the court a schedule of claims against the estate.

(K) If the executor or administrator makes a distribution of the assets of the estate pursuant to section 2113.53 of the Revised Code and prior to the expiration of the time for the presentation of claims as set forth in this section, the executor or administrator shall provide notice on the account delivered to each distributee that the distributee may be liable to the estate if a claim is presented prior to the filing of the final account and may be liable to the claimant if the claim is presented after the filing of the final account up to the value of the distribution and may be required to return all or any part of the value of the distribution if a valid claim is subsequently made against the estate within the time permitted under this section.

Last updated March 3, 2023 at 2:04 PM

Notes of Decisions
Cited in 176 cases (33 in the last 5 years), 1954–2026 · leading case: Wilson v. Lawrence (Slip Opinion), 2017 Ohio 1410 (Ohio 2017).
Sort: Relevance Newest Treatment
Wilson v. Lawrence (Slip Opinion), 2017 Ohio 1410 (Ohio 2017). · cites it 91× “] Probate—R.C. 2117.06—Presentment of a claim—A claim against an estate must be timely presented in writing to the executor or administrator of the estate in order to meet the mandatory requirements of R.”
Embassy Healthcare v. Bell (Slip Opinion), 2018 Ohio 4912 (Ohio 2018). · cites it 132× “{¶ 1} In this appeal, we consider whether a creditor’s failure to present its claim for unpaid expenses to a decedent’s estate within the six-month statute of limitations in R.C. 2117.06 bars a later action against the decedent’s surviving SUPREME COURT OF OHIO spouse under R.”
Child.'s Med. Ctr. v. Ward, 622 N.E.2d 692 (Ohio Ct. App. 1993). · cites it 21× “” The trial court held that the three computer-generated billing statements did not constitute proper presentment of claims against an estate under R.C. 2117.06, and that “[t]he complaint does not state that claims were presented to Tammy Ward, as Administratrix of the Estate of…”
Varisco v. Varisco, 632 N.E.2d 1341 (Ohio Ct. App. 1993). · cites it 14× “The court found that because Andrew did not present his claim in writing to the co-administrators of Alfred’s estate within three months of their appointment as required by R.C. 2117.06, Andrew’s claim against the estate was barred as a matter of law.”
Lewis v. Steinreich, 652 N.E.2d 981 (Ohio 1995). · cites it 17× “First we determine that R.C. 2117.06, a procedural statute requiring the presentment of creditors’ claims within a limited time, does not apply to actions in which a party claims ownership of property alleged to be wrongfully withheld by an estate.”
Brown Bark II, L.P. v. Coakley, 934 N.E.2d 991 (Ohio Ct. App. 2010). · cites it 17× “No creditor of Bales filed a claim against Bales’s estate pursuant to R.C. 2117.06. {¶ 5} Plaintiff then filed a complaint against defendant in the Franklin County Court of Common Pleas on May 5, 2009, alleging that a fraudulent transfer occurred when Bales transferred the…”
Kingston of Miamisburg v. Maute, 2018 Ohio 2855 (Ohio Ct. App. 2018). · cites it 15× “{¶ 8} In their renewed summary judgment motion, the Mautes argued that Kingston was trying to circumvent the six-month statute of limitations for presenting claims against -4- an estate, set forth in R.C. 2117.06. They noted that, even if Kingston’s allegations were true,…”
Doczi v. Blake, 2021 Ohio 3433 (Ohio Ct. App. 2021). · cites it 42× “In his motion, the executor argued that Doczi was precluded from attempting to seek financial recovery from the estate because he had failed to properly present a timely claim against estate in accordance with R.C. 2117.06. {¶8} Doczi opposed the motion, arguing that his claim…”
Carlin v. Mambuca, 645 N.E.2d 737 (Ohio Ct. App. 1994). · cites it 15× “In opposition, Mambuca maintained that by providing Carlin with notice of her motion to substitute Carlin for Florence Bayer in the Florida action, she effectively presented the claim as mandated by R.C. 2117.06. The probate court found Carlin’s arguments well taken and entered…”
Saber Healthcare v. Hudgins, 2020 Ohio 5603 (Ohio Ct. App. 2020). · cites it 36× “Hudgins did not allow or reject the claim within 30 days of presentment pursuant to Revised Code Section 2117.06, Mr. Hudgins waived any objections to that claim.”
Shepherd of the Valley Lutheran Ret. Servs., Inc. v. Cesta, 2019 Ohio 415 (Ohio Ct. App. 2019). · cites it 35× “] The trial court committed prejudicial error in granting the summary judgment motion of the Defendant-Appellee based upon its determination, under R.C. § 2117.06 (governing claims by the creditors of a decedent), that a claim is time-barred when it is presented within six…”
Kwame Ajamu v. City of Cleveland, 925 F.3d 793 (6th Cir. 2019). “See Ohio Rev. Code §§ 2117.06, 2117.37. The points of contention do not end there, however.”
Show all 176 citing cases →
— Ohio Rev. Code § 2117.06(A) — 32 cases
Wilson v. Lawrence (Slip Opinion), 2017 Ohio 1410 (Ohio 2017). “] Probate—R.C. 2117.06—Presentment of a claim—A claim against an estate must be timely presented in writing to the executor or administrator of the estate in order to meet the mandatory requirements of R.”
Embassy Healthcare v. Bell (Slip Opinion), 2018 Ohio 4912 (Ohio 2018). “{¶ 1} In this appeal, we consider whether a creditor’s failure to present its claim for unpaid expenses to a decedent’s estate within the six-month statute of limitations in R.C. 2117.06 bars a later action against the decedent’s surviving SUPREME COURT OF OHIO spouse under R.”
Child.'s Med. Ctr. v. Ward, 622 N.E.2d 692 (Ohio Ct. App. 1993). “” The trial court held that the three computer-generated billing statements did not constitute proper presentment of claims against an estate under R.C. 2117.06, and that “[t]he complaint does not state that claims were presented to Tammy Ward, as Administratrix of the Estate of…”
Kingston of Miamisburg v. Maute, 2018 Ohio 2855 (Ohio Ct. App. 2018). “{¶ 8} In their renewed summary judgment motion, the Mautes argued that Kingston was trying to circumvent the six-month statute of limitations for presenting claims against -4- an estate, set forth in R.C. 2117.06. They noted that, even if Kingston’s allegations were true,…”
In Re Est. of Geanangel, 761 N.E.2d 1235 (Ohio Ct. App. 2002).
— Ohio Rev. Code § 2117.06(A)(1) — 9 cases
Wilson v. Lawrence (Slip Opinion), 2017 Ohio 1410 (Ohio 2017). “] Probate—R.C. 2117.06—Presentment of a claim—A claim against an estate must be timely presented in writing to the executor or administrator of the estate in order to meet the mandatory requirements of R.”
Child.'s Med. Ctr. v. Ward, 622 N.E.2d 692 (Ohio Ct. App. 1993). “” The trial court held that the three computer-generated billing statements did not constitute proper presentment of claims against an estate under R.C. 2117.06, and that “[t]he complaint does not state that claims were presented to Tammy Ward, as Administratrix of the Estate of…”
St. Clairsville Pointe, Inc. v. Musilli, 2022 Ohio 2646 (Ohio Ct. App. 2022).
Brown Bark II, L.P. v. Coakley, 934 N.E.2d 991 (Ohio Ct. App. 2010). “No creditor of Bales filed a claim against Bales’s estate pursuant to R.C. 2117.06. {¶ 5} Plaintiff then filed a complaint against defendant in the Franklin County Court of Common Pleas on May 5, 2009, alleging that a fraudulent transfer occurred when Bales transferred the…”
Saber Healthcare v. Hudgins, 2020 Ohio 5603 (Ohio Ct. App. 2020). “Hudgins did not allow or reject the claim within 30 days of presentment pursuant to Revised Code Section 2117.06, Mr. Hudgins waived any objections to that claim.”
— Ohio Rev. Code § 2117.06(A)(1)(a) — 11 cases
Wilson v. Lawrence (Slip Opinion), 2017 Ohio 1410 (Ohio 2017). “] Probate—R.C. 2117.06—Presentment of a claim—A claim against an estate must be timely presented in writing to the executor or administrator of the estate in order to meet the mandatory requirements of R.”
Brown Bark II, L.P. v. Coakley, 934 N.E.2d 991 (Ohio Ct. App. 2010). “No creditor of Bales filed a claim against Bales’s estate pursuant to R.C. 2117.06. {¶ 5} Plaintiff then filed a complaint against defendant in the Franklin County Court of Common Pleas on May 5, 2009, alleging that a fraudulent transfer occurred when Bales transferred the…”
Doczi v. Blake, 2021 Ohio 3433 (Ohio Ct. App. 2021). “In his motion, the executor argued that Doczi was precluded from attempting to seek financial recovery from the estate because he had failed to properly present a timely claim against estate in accordance with R.C. 2117.06. {¶8} Doczi opposed the motion, arguing that his claim…”
Shepherd of the Valley Lutheran Ret. Servs., Inc. v. Cesta, 2019 Ohio 415 (Ohio Ct. App. 2019). “] The trial court committed prejudicial error in granting the summary judgment motion of the Defendant-Appellee based upon its determination, under R.C. § 2117.06 (governing claims by the creditors of a decedent), that a claim is time-barred when it is presented within six…”
Smith v. Est. of Knight, 2019 Ohio 560 (Ohio Ct. App. 2019).
— Ohio Rev. Code § 2117.06(A)(1)(b) — 1 case
Est. of Karder, 2011 Ohio 3229 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 2117.06(A)(2) — 2 cases
Krohn v. Ostafi, 2020 Ohio 1536 (Ohio Ct. App. 2020).
In re Piesciuk, 2012 Ohio 2481 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2117.06(B) — 51 cases
Embassy Healthcare v. Bell (Slip Opinion), 2018 Ohio 4912 (Ohio 2018). “{¶ 1} In this appeal, we consider whether a creditor’s failure to present its claim for unpaid expenses to a decedent’s estate within the six-month statute of limitations in R.C. 2117.06 bars a later action against the decedent’s surviving SUPREME COURT OF OHIO spouse under R.”
Child.'s Med. Ctr. v. Ward, 622 N.E.2d 692 (Ohio Ct. App. 1993). “” The trial court held that the three computer-generated billing statements did not constitute proper presentment of claims against an estate under R.C. 2117.06, and that “[t]he complaint does not state that claims were presented to Tammy Ward, as Administratrix of the Estate of…”
Spaceway Distrib. & Storage Co. v. Williamson, 535 N.E.2d 321 (Ohio Ct. App. 1987).
D'Amore v. Mathews, 952 N.E.2d 1212 (Ohio Ct. App. 2011).
In re Est. of Mason, 849 N.E.2d 998 (Ohio 2006).
— Ohio Rev. Code § 2117.06(C) — 34 cases
Embassy Healthcare v. Bell (Slip Opinion), 2018 Ohio 4912 (Ohio 2018). “{¶ 1} In this appeal, we consider whether a creditor’s failure to present its claim for unpaid expenses to a decedent’s estate within the six-month statute of limitations in R.C. 2117.06 bars a later action against the decedent’s surviving SUPREME COURT OF OHIO spouse under R.”
Wilson v. Lawrence (Slip Opinion), 2017 Ohio 1410 (Ohio 2017). “] Probate—R.C. 2117.06—Presentment of a claim—A claim against an estate must be timely presented in writing to the executor or administrator of the estate in order to meet the mandatory requirements of R.”
Ruther v. Kaiser, 2012 Ohio 5686 (Ohio 2012).
Deffren v. Johnson, 2021 Ohio 817 (Ohio Ct. App. 2021).
Havens v. Havens, 2022 Ohio 3103 (Ohio Ct. App. 2022).
— Ohio Rev. Code § 2117.06(D) — 9 cases
Child.'s Med. Ctr. v. Ward, 622 N.E.2d 692 (Ohio Ct. App. 1993). “” The trial court held that the three computer-generated billing statements did not constitute proper presentment of claims against an estate under R.C. 2117.06, and that “[t]he complaint does not state that claims were presented to Tammy Ward, as Administratrix of the Estate of…”
In Re Est. of Geanangel, 761 N.E.2d 1235 (Ohio Ct. App. 2002).
Saber Healthcare v. Hudgins, 2020 Ohio 5603 (Ohio Ct. App. 2020). “Hudgins did not allow or reject the claim within 30 days of presentment pursuant to Revised Code Section 2117.06, Mr. Hudgins waived any objections to that claim.”
Vitantonio, Inc. v. Baxter, 116 Ohio St. 3d 195 (Ohio 2007).
In re Piesciuk, 2012 Ohio 2481 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2117.06(E) — 2 cases
Stratman v. Sheetz, 573 N.E.2d 776 (Ohio Ct. App. 1989).
Carter v. Bank One of Columbus, N.A., 508 N.E.2d 1023 (Ohio Ct. App. 1986).
— Ohio Rev. Code § 2117.06(G) — 6 cases
Cundall v. U.S. Bank, N.A., 882 N.E.2d 481 (Ohio Ct. App. 2007).
Doczi v. Blake, 2021 Ohio 3433 (Ohio Ct. App. 2021). “In his motion, the executor argued that Doczi was precluded from attempting to seek financial recovery from the estate because he had failed to properly present a timely claim against estate in accordance with R.C. 2117.06. {¶8} Doczi opposed the motion, arguing that his claim…”
Brust v. Kravitz, 2016 Ohio 7871 (Ohio Ct. App. 2016).
Harshbarger v. Moody, 2010 Ohio 103 (Ohio Ct. App. 2010).
Paul Cline v. Dart Transit Co. (6th Cir. 2020).
— Ohio Rev. Code § 2117.06(H) — 4 cases
In Re Est. of Geanangel, 761 N.E.2d 1235 (Ohio Ct. App. 2002).
Child.'s Med. Ctr. v. Ward, 622 N.E.2d 692 (Ohio Ct. App. 1993). “” The trial court held that the three computer-generated billing statements did not constitute proper presentment of claims against an estate under R.C. 2117.06, and that “[t]he complaint does not state that claims were presented to Tammy Ward, as Administratrix of the Estate of…”
Osborne v. Osborne, 683 N.E.2d 365 (Ohio Ct. App. 1996).
Hogg v. Grace Cmty. Church, 2024 Ohio 1729 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2117.06(c) — 1 case
Oasis Home Buyers, L.L.C. v. Est. of Thomas, 2026 Ohio 487 (Ohio Ct. App. 2026).
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