Ohio Release of Claims against Estate by Creditor

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US-02452BG
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Description

Generally speaking, any creditors of a decedent at the time of his death can file a claim against the decedent’s estate. The executor of the estate has a duty to pay any creditors that make a legitimate claim against the estate before distributing assets to the decedent’s heirs. The process the estate goes through probate and how creditors are allowed to file claims is governed by state law.

This form is a release of claims against the estate by a creditor.

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FAQ

Collecting and Managing Assets This includes decedent's bank accounts, real property, digital assets, and other personal property. The Ohio executor or administrator must keep clear and accurate records of the assets that come into his or her possession, and document all expenses.

(1) It relieves the decedent's estate from administration. (2) It directs the delivery to the applicant of the decedent's personal property together with the title to that property. (3) It directs the transfer to the applicant of the title to any interests in real property included in the decedent's estate.

The personal representative of the estate uses this to tell the court and a creditor who made a claim against the estate whether the representative approves or rejects the claim in whole or in part and also states the court's decision to approve or reject the claim.

(B)(1) Every administrator and executor, within six months after appointment, shall render a final and distributive account of the administrator's or executor's administration of the estate unless one or more of the following circumstances apply: (a) An Ohio estate tax return must be filed for the estate.

If the decedent did not have a will (or the will did not specifically say the Executor has the power to sell real estate), then the real property may only be sold 1) if all beneficiaries or heirs consent, or 2) though a court-supervised ?land sale? proceeding.

A Release from Administration is allowed when the assets to be transferred of the deceased's estate is below court set limits. Where there is a surviving spouse, and the assets are under $100,000, or where there is no surviving spouse and the assets are under $35,000 the court permits this shorter procedure.

If the executor or administrator distributes any part of the assets of the estate within three months after the death of the decedent, the executor or administrator shall be personally liable only to those claimants who present their claims within that three-month period.

Ohio law concerning creditors' claims against a decedent's estate is exacting. A creditor must take action within six months of a person's death?whether or not they have notice of the death.

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Ohio Release of Claims against Estate by Creditor