Ohio Revised Code

Ohio Rev. Code § 5808.04 (2026)

Duty to act as prudent person

✓ laws through the 2026 session (checked Sept. 2026)
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A trustee shall administer the trust as a prudent person would and shall consider the purposes, terms, distributional requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2018–2026 · leading case: Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank, 2018-Ohio-661, 106 N.E.3d 866.
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Ross Sinclaire & Assoc., L.L.C. v. Huntington Natl. Bank, 2018-Ohio-661, 106 N.E.3d 866. “) {¶ 38} R.C. 5808.04 imposes a duty on a trustee to "administer the trust as a prudent person would and shall consider the purposes, terms, distributional requirements, and other circumstances of the trust.”
Morris v. Mathers, 2024-Ohio-2774, 248 N.E.3d 369. · cites it 2× “01), administer the trust as a prudent person considering the terms, distributional requirements and circumstances of the trust (R.C. 5808.04), and utilize reasonable care, skill, and caution (R.”
Cox Enters. & Subsidiaries v. Comm'r, 97 T.C.M. 1767 (T.C. 2009). “04 ↩ (Prudent administration) ("A trustee shall administer the trust as a prudent person would and shall consider the purposes, terms, distributional requirements, and other circumstances of the trust.”
Zimmerman v. Dillon, 2025-Ohio-3157. “{¶29} Further, R.C. 5808.04 imposes a duty on a trustee to administer the trust as would a prudent person.”
Lashaway v. Lashaway, 2026-Ohio-1168. “01; R.C. 5808.04; and R.C. 5808.09; and citing R.”
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