Ohio § 2109.26 Vacancy before termination of the trust - accounting - successor fiduciary

Ohio Statutes

§ 2109.26 — Vacancy before termination of the trust - accounting - successor fiduciary

Ohio § 2109.26

Title 21Courts-Probate-Juvenile

Ch. 2109Fiduciaries

This text of Ohio § 2109.26 (Vacancy before termination of the trust - accounting - successor fiduciary) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2109.26 (2026).

Text

If a sole fiduciary dies, is dissolved,  declines to accept, resigns, is removed, or becomes incapacitated  prior to the termination of the trust, the probate court shall  require a final account of all dealings of the trust to be filed  by the fiduciary if a living person and able to act. If the  fiduciary is a living person but unable to act, the final account  shall be filed by the fiduciary's guardian or, if there is no  guardian, by some other suitable person in the fiduciary's behalf,  appointed or approved by the court. If the fiduciary is a deceased  person, the final account shall be filed by the fiduciary's  executor or administrator. If no estate is commenced for a  deceased fiduciary, the deceased fiduciary's successor shall file  the final account. If the fiduciary is a dissol

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If a sole fiduciary dies, is dissolved, declines to accept, resigns, is removed, or becomes incapacitated prior to the termination of the trust, the probate court shall require a final account of all dealings of the trust to be filed by the fiduciary if a living person and able to act. If the fiduciary is a living person but unable to act, the final account shall be filed by the fiduciary's guardian or, if there is no guardian, by some other suitable person in the fiduciary's behalf, appointed or approved by the court. If the fiduciary is a deceased person, the final account shall be filed by the fiduciary's executor or administrator. If no estate is commenced for a deceased fiduciary, the deceased fiduciary's successor shall file the final account. If the fiduciary is a dissolved corporation, the final account shall be filed by those persons that are charged by law with winding up the affairs of the dissolved corporation. The court shall cause the proceedings to be had as are provided by sections2109.30to2109.36of the Revised Code.

Whenever such a vacancy occurs and that contingency is not otherwise provided for by law or by the instrument creating the trust or whenever the instrument names no fiduciary, the court shall, on its own motion or on the application of any person beneficially interested, issue letters of appointment as fiduciary to a competent person or persons who shall qualify according to law and execute the trust to its proper termination. The vacancy and the appointment of a successor fiduciary shall not affect the liability of the former fiduciary or the former fiduciary's sureties that was previously incurred.