Ohio Rev. Code » Chapter 2117
Ohio Revised Code

Ohio Rev. Code § 2117.41 (2026)

Payment of contingent claims after settlement of estate

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Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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A claimant whose cause of action accrues as provided in section 2117.37 of the Revised Code may bring suit to recover on the claim against the heirs, next of kin, surviving spouse as next of kin, devisees, and legatees under the decedent's will, each of whom shall be liable to the claimant in an amount not exceeding the value of the real and personal property that the person received under the will or on distribution of the estate. If, by the will of the deceased, any part of the estate or any one or more of the devisees and legatees is made exclusively liable for the debt, in exoneration of the residue of the estate or of the other devisees or legatees, the terms of the will shall be complied with in that respect and the persons and estate so exempt by the will shall be liable for only so much of the debt that cannot be recovered from those first chargeable with the debt.

No suit shall be maintained under this section unless commenced within six months next after the time when the cause of action first accrues, except in case the suit is for the balance due after a payment by the executor or administrator, in which case suit shall be brought within two months after the final payment by the executor or administrator. If the person entitled to bring the suit is under legal disability, the person may bring the action within one year after the person's disability is removed.

If any of those heirs, next of kin, surviving spouse as next of kin, devisees, or legatees dies without having paid the person's just proportion of the debt, the executors or administrators of that deceased person's estate shall be liable for that proportion to the extent the deceased person would have been if living.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1953–2024 · leading case: Priestman v. Elder, 646 N.E.2d 234 (Ohio Ct. App. 6th Dist. 1994).
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Priestman v. Elder, 646 N.E.2d 234 (Ohio Ct. App. 6th Dist. 1994). · cites it 7× “The trial court erred in applying R.C. § 2117.41 and in granting defendants’ motion for summary judgment on the basis that the plaintiff-appellant’s complaint was time-barred.”
Est. of Isaiah Andrews v. City of Cleveland, Ohio, 112 F.4th 436 (6th Cir. 2024). “at 591–92, and even fewer are not survived by any of the broad categories of people covered by the Ohio statute, see Ohio Rev. Code § 2117.41. No. 23-3387 Andrews v.”
Hamar v. Comm'r, 42 T.C. 867 (T.C. 1964). · cites it 2× “claim is presented * * *, and if the claim is allowed or after rejection is found to be due from the estate, but the assets remaining in the possession of the executor or administrator are insufficient to pay the claim in full, the assets remaining shall first be exhausted…”
Est. of Frost v. Comm'r, 65 T.C.M. 2101 (T.C. 1993). “41 (Anderson 1990), which imposes liability upon the "heirs, next of kin, surviving spouse as next of kin, devisees, and legatees under decedent's will, each of whom shall be liable to the claimant in an amount not exceeding the value of the real and personal estate that he…”
Burlovic v. Farmer, Admr., 115 N.E.2d 411 (Ohio Ct. App. 8th Dist. 1953). · cites it 2× “07, Revised Code, dealing with filing of claims; and Section 2117.41, Revised Code, dealing with actions against heirs and devisees, all provide certain exceptions to the running of the statute in case of stated disabilities.”
Shearer v. Echelberger, 761 N.E.2d 1136 (Ohio Ct. App. 5th Dist. 2001). · cites it 2× “” R.C. 2117.41 provides that “[a] claimant whose cause of action accrues as provided in section 2117.”
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