Ohio Rev. Code » Chapter 5307
Ohio Revised Code

Ohio Rev. Code § 5307.11 (2026)

Sale of estate when no election made

✓ current as of May 2026
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Effective:
September 13, 2010
Latest Legislation:
House Bill 292 - 128th General Assembly
PDF:
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If no party elects to take the estate, at the insistence of a party, the court of common pleas may order a sale of the estate at public auction by one of the following:

(A) The sheriff who executed the writ of partition or the sheriff's successor in office;

(B) An auctioneer who is licensed under Chapter 4707. of the Revised Code and who is qualified under section 4707.021 of the Revised Code to conduct an auction of real property.
Notes of Decisions
Cited in 5 cases, 1983–2017 · leading case: Thrasher v. Watts, 2011 Ohio 2844 (Ohio Ct. App. 2011).
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Thrasher v. Watts, 2011 Ohio 2844 (Ohio Ct. App. 2011). “R.C. 5307.11. Similarly, if multiple parties separately elect to take the property at its appraised value, the court must sell the property.”
Wickham v. Wickham, 2015 Ohio 4136 (Ohio Ct. App. 2015). “R.C. 5307.11. Similarly, if multiple parties separately elect to take the property at its appraised value, the court must sell the property.”
Simon v. Underwood, 2017 Ohio 2885 (Ohio Ct. App. 2017). “If none of the parties elect to purchase, pursuant to R.C. 5307.11, the property can be sold at auction.”
Gerdes v. Gerdes (In Re Gerdes), 33 B.R. 860 (Bankr. S.D. Ohio 1983). · cites it 2× “Ohio Revised Code § 5307.11 and see 19 Ohio Jurisprudence 3d, “Cotenancy and Partition,” § 133.”
Kimble v. Troyan, 707 N.E.2d 1 (Ohio Ct. App. 1997). · cites it 2× “If no one elects to purchase or more than one party individually elects to purchase, the real estate shall be sold pursuant to Section 5307.11.” Harrison County Loc.R. 35 requires that elections to purchase must be filed with the court before a hearing on appraisal.”
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