If a claim is contingent at the time of a decedent's death and a cause of action subsequently accrues on the claim, it shall be presented to the executor or administrator, in the same manner as other claims, before the expiration of six months after the date of death of the decedent, or before the expiration of two months after the cause of action accrues, whichever is later, except as provided in section 2117.39 of the Revised Code. The executor or administrator shall allow or reject the claim in the same manner as other claims are allowed or rejected. If the claim is allowed, the executor or administrator shall proceed to pay it. If the claim is rejected, the claimant shall commence an action on the claim within two months after the rejection or be forever barred from maintaining an action on the claim.
Notes of Decisions
Cited in 29
cases (9 in the last 5 years), 1955–2026 · leading case: Shrock v. Mullet, 2019-Ohio-2707.
Shrock v. Mullet, 2019-Ohio-2707. · cites it 2ד06 (six months from the date of death) or by R.C 2117.37 if the claim was a contingent claim (the later of six months from the date of death or two months after the cause of action accrued, which the Estate said would have been triggered by the 2011 lease and thus the date of…”
Stratman v. Sheetz, 573 N.E.2d 776 (Ohio Ct. App. 1st Dist. 1989). · cites it 4ד42 of the Revised Code * * R.C. 2117.37 to 2117.42 3 contain separate time limitations for the filing of contingent claims almost identical to those for other claims, but with the important difference that the time periods for contingent claims do not begin to run until “a cause…”
Havens v. Havens, 2022-Ohio-3103. · cites it 2ד06(C), appellant's claim is "forever barred.”
In Re Est. of Dinsio, 823 N.E.2d 43 (Ohio Ct. App. 7th Dist. 2004). “061 of the Revised Code, a claim that is not presented within one year after the death of the decedent shall be forever barred as to all parties, including, but not limited to, devisees, legatees, and distributees.”
Kingston of Miamisburg v. Maute, 2018-Ohio-2855. “No payment shall be made on the claim and no -8- 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.”
Est. of Isaiah Andrews v. City of Cleveland, Ohio, 112 F.4th 436 (6th Cir. 2024). “2315 (1971)), so Ohio law also allows an action to survive against a deceased defendant’s estate for two months, Ohio Rev. Code § 2117.37, and against his “heirs, next of kin, surviving spouse as next of kin, devisees, and legatees” for six months, id.”
Brown Bark II, L.P. v. Coakley, 934 N.E.2d 991 (Ohio Ct. App. 10th Dist. 2010). “09AP-469, 2009-Ohio-6571 , 2009 WL 4809722 , ¶ 9; R.C. 2117.37 (providing that a cause of action that accrues on a claim that “is contingent at the time of a decedent’s death” must “be presented to the executor or administrator, in the same manner as other claims, before the…”
D'Amore v. Mathews, 952 N.E.2d 1212 (Ohio Ct. App. 12th Dist. 2011). “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.”
Lewis v. Knight, 144 N.E.2d 551 (Ohio Ct. App. 1955). · cites it 5ד, or qualifies for the exemption for later filing contained in §2117.37 R. C., as a contingent claim.” In the opening paragraph of the opinion written in the case of Pierce v.”
In re Est. of Greer, 2011-Ohio-6721, 968 N.E.2d 55. “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.”
Walters v. Walters, 2013-Ohio-2554. · cites it 2ד061, a claim that is not presented within six months of the death shall be forever barred, and no payment shall be made and no action shall be maintained on the claim, except as provided in R.C. 2117.37 to 2117.42 with reference to contingent claims.”
In Re Est. of Kennedy, 546 N.E.2d 220 (Ohio Ct. App. 10th Dist. 1988). · cites it 2ד” R.C. 2117.37 to 2117.42 have no application herein.”
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