Ohio § 2117.36 Real property not liable for debts

Ohio Statutes

§ 2117.36 — Real property not liable for debts

Ohio § 2117.36

Title 21Courts-Probate-Juvenile

Ch. 2117Presentment Of Claims Against Estate

This text of Ohio § 2117.36 (Real property not liable for debts) 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. § 2117.36 (2026).

Text

No real property of a deceased person that has  been aliened or encumbered by the decedent's heirs prior to the  issuing of letters testamentary or of administration shall be  liable while in the possession or under the control of a bona fide  purchaser for value or to the prejudice of a bona fide lessee or  encumbrancer for value for debts of the deceased person unless  letters testamentary or of administration are granted within four  years from the date of death of the deceased person. No real  property of a deceased person that has been aliened or encumbered  by the decedent's heirs or devisees after the issuance of letters  testamentary or of administration shall be liable while in the  possession or under the control of a bona fide purchaser for value  or to the prejudice of a bona f

Free access — add to your briefcase to read the full text and ask questions with AI

No real property of a deceased person that has been aliened or encumbered by the decedent's heirs prior to the issuing of letters testamentary or of administration shall be liable while in the possession or under the control of a bona fide purchaser for value or to the prejudice of a bona fide lessee or encumbrancer for value for debts of the deceased person unless letters testamentary or of administration are granted within four years from the date of death of the deceased person. No real property of a deceased person that has been aliened or encumbered by the decedent's heirs or devisees after the issuance of letters testamentary or of administration shall be liable while in the possession or under the control of a bona fide purchaser for value or to the prejudice of a bona fide lessee or encumbrancer for value for debts of a deceased person unless suit is brought to subject the real property to the payment of those debts prior to the settlement of the executor's or administrator's final account or what purports to be the executor's or administrator's final account; provided that if the final account is not filed and settled within four years after the granting of letters testamentary or of administration, but excluding for these purposes the time that any action is pending against the executors or administrators for the establishment or collection of any claim against the deceased, the real property so aliened shall not be liable for the debts of the deceased unless suit is brought to subject the real property to those debts within that four-year period. The heir or devisee aliening the real property shall be liable for its value, with legal interest from the time of alienation, to the creditors of the deceased in the manner and within the limitations provided by law. This section does not enlarge or extend the right of the creditors of any deceased person against the deceased person's real property, repeal any limitations contained in other sections of the Revised Code, or apply to mortgages or liens of record at the time of the death of the deceased person.