Ohio Rev. Code » Chapter 2127
Ohio Revised Code

Ohio Rev. Code § 2127.011 (2026)

Disposition of real property

✓ laws through the 2026 session (checked Sept. 2026)
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Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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(A) In addition to the other methods provided by law or in the will and unless expressly prohibited by the will, an executor or administrator may sell at public or private sale, grant options to sell, exchange, re-exchange, or otherwise dispose of any parcel of real property belonging to the estate at any time at prices and upon terms that are consistent with this section and may execute and deliver deeds and other instruments of conveyance if all of the following conditions are met:

(1) The surviving spouse, all of the legatees and devisees in the case of testacy, and all of the heirs in the case of intestacy, give written consent to a power of sale for a particular parcel of real property or to a power of sale for all the real property belonging to the estate. Each consent to a power of sale provided for in this section shall be filed in the probate court.

(2) Any sale under a power of sale authorized pursuant to this section shall be made at a price of at least eighty per cent of the appraised value, as set forth in an approved inventory.

(3) No power of sale provided for in this section is effective if the surviving spouse or any legatee, devisee, or heir is a minor. No person may give the consent of the minor that is required by this section.

(B) A surviving spouse who is the executor or administrator may sell real property to self pursuant to this section.
Notes of Decisions
Cited in 4 cases, 1994–2019 · leading case: Somerfield v. Budz, 2019-Ohio-4804.
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Somerfield v. Budz, 2019-Ohio-4804. · cites it 4× “2 In their second assignment of error, Appellants argue that the estate has admitted that they “have an interest” in the property by offering to sell it to them on terms that would violate R.C. 2127.011 and 2127.012. Appellants’ Brief 5-6.”
In re Est. of Porter, 2017-Ohio-8840, 100 N.E.3d 1080. · cites it 3× “Specifically: [N]o sale by consent of the heirs was completed and filed for record pursuant to R.C. 2127.011, no complaint was filed to sell the real estate to pay debts pursuant to R.”
In re Est. of Hughes, 641 N.E.2d 248 (Ohio Ct. App. 9th Dist. 1994). · cites it 2× “39 does not by its terms require an executor to notify beneficiaries prior to exercising the power to sell estate property. Under the probate code, if an executor is not granted the authority to sell estate property by the terms of the will, the executor can still sell estate…”
In re Est. of Cogan, 703 N.E.2d 858 (Ohio Ct. App. 8th Dist. 1997). “38 without first complying with R.C. 2127.011, which mandates that legatees give written consent before an executor is allowed to sell real estate from an estate.”
Ohio Rev. Code § 2127.011(A)(1): 1 case
In re Est. of Porter, 2017-Ohio-8840, 100 N.E.3d 1080. “Specifically: [N]o sale by consent of the heirs was completed and filed for record pursuant to R.C. 2127.011, no complaint was filed to sell the real estate to pay debts pursuant to R.”
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