Ohio Rev. Code » Chapter 2117
Ohio Revised Code

Ohio Rev. Code § 2117.34 (2026)

Execution - limitations

✓ current as of May 2026
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Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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No execution against the assets of an estate shall issue upon a judgment against an executor or administrator unless upon the order of the probate court that appointed the executor or administrator. If an account has been rendered by the executor or administrator and settled by the court, the execution shall issue only for the sum that appeared, on settlement of the account, to be a just proportion of the assets applicable to the judgment. The order of the court allowing the execution shall fix the amount for which the execution shall issue.
Notes of Decisions
Cited in 2 cases, 1999–2020 · leading case: Van-Am. Ins. v. Schiappa, 724 N.E.2d 1232 (Ohio Ct. App. 1999).
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Van-Am. Ins. v. Schiappa, 724 N.E.2d 1232 (Ohio Ct. App. 1999). · cites it 2× “Appellee also argues that the trial court did not err in denying appellants’ discovery requests insofar as appellants did not obtain an order to proceed from the probate court as required by R.C. 2117.34, which provides: “No execution against the assets of an estate shall issue…”
Wade v. City of Toledo (N.D. Ohio 2020). · cites it 2× “17-9 (CBA § 2117.34). In December 2016, Plaintiff was served with a letter from Abby Arnold, Commissioner, Utilities Administration, stating he had been tardy four times in the previous three months.”
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