Ohio § 2127.40 Sale by executor or administrator of real property fraudulently transferred by decedent

Ohio Statutes

§ 2127.40 — Sale by executor or administrator of real property fraudulently transferred by decedent

Ohio § 2127.40

Title 21Courts-Probate-Juvenile

Ch. 2127Sale Of Lands

This text of Ohio § 2127.40 (Sale by executor or administrator of real property fraudulently transferred by decedent) 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. § 2127.40 (2026).

Text

When an action is brought by an executor or  administrator to sell real property to pay debts, the real  property subject to sale shall include all rights and interests in  real property transferred by the decedent in the decedent's  lifetime with intent to defraud the decedent's creditors, except  that real property fraudulently transferred cannot be taken from  any person who purchased them for a valuable consideration, in  good faith, and without knowledge of the fraud. No claim to that  real property shall be made unless within four years next after  the decease of the grantor.

If real property fraudulently transferred is to be included  in that action, the executor or administrator, either before or at  the same time, may commence a civil action in the court of common  pleas in the c

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When an action is brought by an executor or administrator to sell real property to pay debts, the real property subject to sale shall include all rights and interests in real property transferred by the decedent in the decedent's lifetime with intent to defraud the decedent's creditors, except that real property fraudulently transferred cannot be taken from any person who purchased them for a valuable consideration, in good faith, and without knowledge of the fraud. No claim to that real property shall be made unless within four years next after the decease of the grantor.

If real property fraudulently transferred is to be included in that action, the executor or administrator, either before or at the same time, may commence a civil action in the court of common pleas in the county in which the real property is situated to recover possession of it, or, in the action for its sale, the executor or administrator may allege the fraud and have the fraudulent transfer avoided. But when the real property is included in the complaint before the recovery of possession by the executor or administrator, the action shall be brought in the court of common pleas in the county in which the real property is situated.