Ohio § 2109.57 Appointment of trustee of funds of unknown or nonresident

Ohio Statutes

§ 2109.57 — Appointment of trustee of funds of unknown or nonresident

Ohio § 2109.57

Title 21Courts-Probate-Juvenile

Ch. 2109Fiduciaries

This text of Ohio § 2109.57 (Appointment of trustee of funds of unknown or nonresident) 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. § 2109.57 (2026).

Text

In any action or proceeding pending in a court  of record, if it is made to appear to the court that any person  entitled to all or a part of the proceeds of property sold in that  action or proceeding is unknown or is a nonresident and not  represented in the action or proceeding or that the person  entitled cannot, at the time, definitely be ascertained, the  probate court may appoint a trustee to whom the notes and  mortgages for the unpaid part shall be made, delivered, and paid  and to receive, hold, and manage the proceeds or part of the  proceeds. The trustee shall collect the unpaid part of the  proceeds of the property sold, by action or otherwise, and shall  pay over that fund only on the order of the probate court  appointing the trustee.

Payment to the trustee shall be a bar t

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In any action or proceeding pending in a court of record, if it is made to appear to the court that any person entitled to all or a part of the proceeds of property sold in that action or proceeding is unknown or is a nonresident and not represented in the action or proceeding or that the person entitled cannot, at the time, definitely be ascertained, the probate court may appoint a trustee to whom the notes and mortgages for the unpaid part shall be made, delivered, and paid and to receive, hold, and manage the proceeds or part of the proceeds. The trustee shall collect the unpaid part of the proceeds of the property sold, by action or otherwise, and shall pay over that fund only on the order of the probate court appointing the trustee.

Payment to the trustee shall be a bar to any claim thereafter made by any person and the persons or corporations paying the money in no case shall be required to see to the application of the money paid.

If a person entitled to any portion of the money held by the trustee fails for seven or more years after the trustee's appointment to make claim to the money and to present the proof necessary to entitle the person to the money, the prosecuting attorney of the county in which the trustee was appointed shall collect it, with the interest accrued on the money, from the trustee and pay it into the county's treasury, to be placed to the credit of the general fund.

Upon application to the probate court that appointed the trustee and presentment of the proof necessary to entitle the person to the money, the court shall order the payment of the money to the person in whole or part, less the costs of collection by the prosecuting attorney. The person, on the judge's certificate, shall be given a warrant for the money by the county auditor.