Ohio Rev. Code » Chapter 2117
Ohio Revised Code

Ohio Rev. Code § 2117.30 (2026)

Suits against executor or administrator

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Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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(A) No suit shall be brought against an executor or administrator by a creditor of the decedent or by any other party interested in the estate until after five months from the time of the appointment of the executor or administrator, or the expiration of the further time allowed by the probate court for the collection of the assets of the estate, except in the following cases:

(1) On claims rejected in whole or in part;

(2) For the enforcement of a lien against or involving title to specific property;

(3) For the recovery of a claim that would not be affected by the insolvency of the estate;

(4) On account of fraud, conversion, or concealment of assets;

(5) Any other action as to which a different rule is prescribed by statute.

(B) When an executor or administrator dies, resigns, or is removed without having fully administered the estate of the deceased, the time between the executor's or administrator's death, resignation, or removal and the appointment of a successor shall be excluded in computing the five months or longer period provided in division (A) of this section. In any event, the executor's or administrator's successor shall not be held to answer the suit until after the expiration of four months from the date of the successor's appointment, or a further time allowed the executor or administrator by the court for the collection of the assets of the estate.
Notes of Decisions
Cited in 4 cases, 1963–1987 · leading case: In re Rauscher, 531 N.E.2d 745 (Ohio Ct. App. 8th Dist. 1987).
Sort: Relevance Newest Treatment
In re Rauscher, 531 N.E.2d 745 (Ohio Ct. App. 8th Dist. 1987). · cites it 2× “Such petition shall not be filed against an executor or administrator until the expiration of the period prescribed in section 2117.30 of the Revised Code. “When such petition is filed, the probate court shall issue a citation to the fiduciary setting forth the filing of the…”
Morgan v. City Nat'l Bank & Trust Co., 212 N.E.2d 822 (Ohio Ct. App. 10th Dist. 1964). · cites it 2× “06 of the Revised Code, nor had she brought herself within the exceptions provided in Section 2117.30, Revised Code. The trial court based its ruling on the case of Beacon Mutual Indemnity Co.”
Fortelka v. Meifert, Admx., 193 N.E.2d 305 (Ohio Ct. App. 8th Dist. 1963). · cites it 10× “This petition, in addition to the facts set out in the first petition, alleges that the action comes within the exception of subparagraph (C) of Section 2117.30, Revised Code, which provides that actions shall not be brought against the executor or administrator by a creditor or…”
Fortelka v. Meifert, 176 Ohio St. 476 (1964). · cites it 8× “” Section 2117.30, Revised Code, in pertinent part provides: “No suit shall be brought against an executor or administrator by a creditor of the decedent or by any other party interested in the estate until nine months from the time of the appointment of such executor or…”
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