Ohio § 2127.08 Fractional interests - sale of entire interest

Ohio Statutes

§ 2127.08 — Fractional interests - sale of entire interest

Ohio § 2127.08

Title 21Courts-Probate-Juvenile

Ch. 2127Sale Of Lands

This text of Ohio § 2127.08 (Fractional interests - sale of entire interest) 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. § 2127.08 (2026).

Text

When the interest of a decedent or ward in  real property is fractional and undivided, the action for  authority to sell the real property shall include only the  undivided fractional interest, except that the executor,  administrator, or guardian, the owner of any other fractional  interest, or any lien holder may, by pleading filed in the cause  setting forth all interests in the property and liens on the  property, require that the action include the entire interest in  the property, and the owner of the interests and liens shall  receive the owner's respective share of the proceeds of sale after  payment has been made of the expenses of sale including reasonable  attorney fees for services in the case. Those fees shall be paid  to the plaintiff's attorney unless the court awards some p

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When the interest of a decedent or ward in real property is fractional and undivided, the action for authority to sell the real property shall include only the undivided fractional interest, except that the executor, administrator, or guardian, the owner of any other fractional interest, or any lien holder may, by pleading filed in the cause setting forth all interests in the property and liens on the property, require that the action include the entire interest in the property, and the owner of the interests and liens shall receive the owner's respective share of the proceeds of sale after payment has been made of the expenses of sale including reasonable attorney fees for services in the case. Those fees shall be paid to the plaintiff's attorney unless the court awards some part of the fees to other counsel for services in the case for the common benefit of all the parties, having regard to the interest of the parties, the benefit each may derive from the sale, and the equities of the case. The fees of the executor, administrator, or guardian shall be a charge only against the portion of the proceeds of sale that represents the interests of the decedent or ward.