Ohio § 2117.40 Estate of deceased in the hands of heirs

Ohio Statutes

§ 2117.40 — Estate of deceased in the hands of heirs

Ohio § 2117.40

Title 21Courts-Probate-Juvenile

Ch. 2117Presentment Of Claims Against Estate

This text of Ohio § 2117.40 (Estate of deceased in the hands of heirs) 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. § 2117.40 (2026).

Text

If a cause of action on a contingent claim accrues after the settlement of an estate or at such time that a claim thereon does not have to be presented to the executor or administrator, or if a contingent claim is presented to the executor or administrator as provided by section2117.37of the Revised Code, but the assets of the estate are insufficient for payment of the claim in full, then the heirs, next of kin, surviving spouse as next of kin, devisees, and legatees shall be liable for the payment of such claim or the unpaid balance thereof in an action in the court of common pleas as provided in sections2117.41and2117.42of the Revised Code.

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If a cause of action on a contingent claim accrues after the settlement of an estate or at such time that a claim thereon does not have to be presented to the executor or administrator, or if a contingent claim is presented to the executor or administrator as provided by section2117.37of the Revised Code, but the assets of the estate are insufficient for payment of the claim in full, then the heirs, next of kin, surviving spouse as next of kin, devisees, and legatees shall be liable for the payment of such claim or the unpaid balance thereof in an action in the court of common pleas as provided in sections2117.41and2117.42of the Revised Code.