Ohio Rev. Code » Chapter 5303
Ohio Revised Code

Ohio Rev. Code § 5303.21 (2026)

Sale of entailed and other estates

✓ current as of May 2026
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Effective:
October 14, 1983
Latest Legislation:
Senate Bill 115 - 115th General Assembly
PDF:
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(A) In an action by the tenant in tail or for life, or in an action by the grantee or devisee of a qualified or conditional fee, or of any other qualified, conditional, or determinable interest, or in an action by a person claiming under such tenant, grantee, or devisee, or in an action by the trustee or beneficiaries, if the estate is held in trust, courts of common pleas may, subject to division (B) of this section, authorize the sale of any estate, whether it was created by will, deed, or contract, or came by descent, when satisfied that such sale would be for the benefit of the person holding the first and present estate, interest, or use, and do no substantial injury to the heirs in tail, or others in expectancy, succession, reversion, or remainder. This division does not extend to estates in dower.

(B) If an estate is held in trust and if the trustee is authorized by the trust instrument to sell real property, a court of common pleas shall not authorize the sale of the estate pursuant to division (A) of this section unless the trustee consents to the sale.
Notes of Decisions
Cited in 5 cases, 1979–2017 · leading case: Carnahan v. Johnson, 711 N.E.2d 1093 (Ohio Ct. App. 1998).
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Carnahan v. Johnson, 711 N.E.2d 1093 (Ohio Ct. App. 1998). · cites it 3× “Leach that sale of the tract to SCI should not be permitted pursuant to R.C. 5303.21.” Assignment of Error No. 2: “The probate court erred holding that it was the express intent of the testator, Edward T.”
Simon v. Underwood, 2017 Ohio 2885 (Ohio Ct. App. 2017). “{¶ 20} The court scheduled a conference before the Magistrate on December 2, 2015, and indicated that it “anticipates resolving the following issues”: (1) Whether Count One of the Second Amended Complaint seeks the partition of the life estate, the partition of the entire fee,…”
Gillam v. Gillam, 419 N.E.2d 1121 (Ohio Ct. App. 1979). · cites it 4× “The court ordered the premises sold “pursuant to the provisions of Section 5303.21 et seq. of the Ohio Revised Code.”
In Re Testamentary Trust of Hasch, 721 N.E.2d 1111 (Ohio Ct. App. 1999). “, R.C. 5303.21, 5303.211, and 1339.66. Judgment affirmed.”
Stanton v. Sayre, 461 N.E.2d 3 (Ohio Ct. App. 1983). · cites it 6× “On October 13, 1967, one of the beneficiaries of the trust commenced this action pursuant to the Ohio disentailment statutes, R.C. 5303.21 et seq., asking for court authorization to sell the land.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.