Ohio § 2109.61 Bond - parties to suit

Ohio Statutes

§ 2109.61 — Bond - parties to suit

Ohio § 2109.61

Title 21Courts-Probate-Juvenile

Ch. 2109Fiduciaries

This text of Ohio § 2109.61 (Bond - parties to suit) 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. § 2109.61 (2026).

Text

An action may be prosecuted on the bond of a  fiduciary against any one or more of the obligors on the bond by  any person who has been injured by reason of the breach of any  condition of the bond. The action shall be prosecuted for the  benefit of all persons who are interested in the estate and who  have been similarly injured. Any such person or any obligor on the  bond who is not already a party to the action may intervene in the  action or be made a party to the action by supplemental, amended,  or cross-petition. Notice of any action or proceeding against the  bonded fiduciary shall be given to the surety.

If a surety on the bond of a fiduciary is not made a party to  an action or proceeding against the fiduciary, the fact that a  judgment was rendered or an order was entered again

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An action may be prosecuted on the bond of a fiduciary against any one or more of the obligors on the bond by any person who has been injured by reason of the breach of any condition of the bond. The action shall be prosecuted for the benefit of all persons who are interested in the estate and who have been similarly injured. Any such person or any obligor on the bond who is not already a party to the action may intervene in the action or be made a party to the action by supplemental, amended, or cross-petition. Notice of any action or proceeding against the bonded fiduciary shall be given to the surety.

If a surety on the bond of a fiduciary is not made a party to an action or proceeding against the fiduciary, the fact that a judgment was rendered or an order was entered against the fiduciary shall constitute only prima-facie evidence of the justice and validity of the claim in an action subsequently brought against the sureties on the bond of the fiduciary.