Ohio Rev. Code » Chapter 2117
Ohio Revised Code

Ohio Rev. Code § 2117.39 (2026)

Contingent claims not to be presented

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Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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If at the time a cause of action accrues on a contingent claim against a decedent's estate, or if within two months thereafter an account of final distribution has been filed, no claim need be presented to the executor or administrator and the claimant may proceed by civil action against the distributees of the decedent's estate as provided in sections 2117.41 and 2117.42 of the Revised Code.
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1989–2024 · leading case: Stratman v. Sheetz, 573 N.E.2d 776 (Ohio Ct. App. 1st Dist. 1989).
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Stratman v. Sheetz, 573 N.E.2d 776 (Ohio Ct. App. 1st Dist. 1989). · cites it 2× “a decedent’s death and a cause of action subsequently accrues thereon, such claim must be presented to the executor or administrator, in the same manner as other claims, before the expiration of three months after the appointment of the executor or administrator or before the…”
Est. of Isaiah Andrews v. City of Cleveland, Ohio, 112 F.4th 436 (6th Cir. 2024). “See Ohio Rev. Code § 2117.39. Ohio law does not cut off the ability of claimants in Andrews’ shoes to bring a § 1983 suit.”
Priestman v. Elder, 646 N.E.2d 234 (Ohio Ct. App. 6th Dist. 1994). “If the claim accrues after an account of final distribution has been filed, no presentment is necessary and a claimant may proceed by civil suit directly against a distributee or the estate as otherwise provided.”
Shearer v. Echelberger, 761 N.E.2d 1136 (Ohio Ct. App. 5th Dist. 2001). · cites it 4× “Appellees alternatively argue appellants are barred by the application of R.C. 2117.39 and 2117.41. R.C. 2117.39 reads: “If at the time a cause of action accrues on a contingent claim against a decedent’s estate, or if within two months thereafter an account of final…”
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