An executor or administrator may accelerate the bar against claims against the estate established by section 2117.06 of the Revised Code by giving written notice to a potential claimant that identifies the decedent by name, states the date of the death of the decedent, identifies the executor or administrator by name and mailing address, and informs the potential claimant that any claims the claimant may have against the estate are required to be presented to the executor or administrator in a writing in the manner provided in section 2117.06 of the Revised Code within the earlier of thirty days after receipt of the notice by the potential claimant or six months after the date of the death of the decedent. A claim of that potential claimant that is not presented in the manner provided by section 2117.06 of the Revised Code within the earlier of thirty days after receipt of the notice by the potential claimant or six months after the date of the death of the decedent is barred by section 2117.06 of the Revised Code in the same manner as if it was not presented within six months after the date of the death of the decedent.
Last updated March 3, 2023 at 2:03 PM
Notes of Decisions
Cited in 45
cases (3 in the last 5 years), 1953–2023 · leading case: Meinberg v. Glaser, 237 N.E.2d 605 (Ohio 1968).
Meinberg v. Glaser, 237 N.E.2d 605 (Ohio 1968). · cites it 32דThe last paragraph of Section 2117.07, Revised Code, was added to that statute by amendment, effective August 9, 1963.”
Collins v. Yanity, 237 N.E.2d 611 (Ohio 1968). · cites it 16דThat question is whether in each of those actions the failure to file suit within two months of the rejection by the administrator of the estate of a claim against the estate for bodily injury bars an action for that bodily injury against that administrator where no part of the…”
Polikoff v. Adam, 616 N.E.2d 213 (Ohio 1993). · cites it 2ד” ’ “Therefore, the proceeding provided by Section 2117.07, Revised Code, in connection with which a petition and no other pleadings are required and wherein there is notice only, without service of summons, and which represents essentially an independent judicial inquiry, is a…”
In re Est. of Natherson, 134 N.E.2d 852 (Ohio Ct. App. 8th Dist. 1956). · cites it 8ד” Appellant claims that the foregoing provisions of §2117.07 R. C. are exclusive remedies and that if appellees have not qualified themselves under one of the provisions thereof, they are forever barred from filing a “late claim.”
In re Est. of Kennedy, 546 N.E.2d 220 (Ohio Ct. App. 10th Dist. 1988). · cites it 10דR.C. 2117.07 provides for the filing of a late claim against the estate under certain conditions.”
Burwell v. Maynard, 255 N.E.2d 628 (Ohio 1970). · cites it 4ד06 and the nine-month provision of Section 2117.07, Revised Code. There is also no dispute that appellee, in his capacity as next friend for the minor and sole heir of the deceased passenger, did present the minor’s claim to the appellant within nine months after the…”
Beacon Mut. Indem. Co. v. Stalder, 120 N.E.2d 743 (Ohio Ct. App. 9th Dist. 1954). · cites it 6ד) Section 10509-134, General Code (now Section 2117.07, Revised Code), permitted a claimant, who had failed to present his claim within the period of time prescribed in the above Section 10509-112, General Code (now Section 2117.”
In re Est. of Andres, 180 N.E.2d 855 (Ohio Ct. App. 1961). · cites it 10דPayne, hereinafter referred to as the claimant, filed his petition in the Probate Court of Greene County, Ohio, under favor of Section 2117.07, Eevised Code, seeking authority to present his claim against the estate of Edward A.”
Firestone v. Galbreath, 895 F. Supp. 917 (S.D. Ohio 1995). · cites it 2דUnder the provisions of Ohio Revised Code § 2117.06 which were in effect at the time of John Galbreath’s death, creditors were obligated to present their claims to the executor of the estate within three months of the appointment of the executor.”
Kingston of Miamisburg v. Maute, 2018-Ohio-2855. · cites it 2ד*** (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.”
Carlin v. Mambuca, 645 N.E.2d 737 (Ohio Ct. App. 8th Dist. 1994). · cites it 2דOn this same date, Carlin sent a letter to Mambuca, pursuant to R.C. 2117.07, demanding that Mambuca present any claims against the Estate of Florence Bayer within thirty days of her receipt of the letter.”
In re Est. of Howe, 159 N.E.2d 622 (Ohio Ct. App. 1958). · cites it 22דHowe after the four-month period had elapsed from the appointment of the administrator of his estate, pursuant to Section 2117.07, Revised Code. That denial is the assignment of error.”
Firestone v. Galbreath, 895 F. Supp. 917 (S.D. Ohio 1995). “Under the provisions of Ohio Revised Code § 2117.06 which were in effect at the time of John Galbreath’s death, creditors were obligated to present their claims to the executor of the estate within three months of the appointment of the executor.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.