Ohio Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement

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Most states have a statute that requires something to the effect that upon the filing of an account for final settlement by the executor of the estate of a decedent, a citation is required to be filed containing a statement that such final account has been filed, the time and place when it will be considered by the court, and a statement requiring interested persons that are cited to appear and contest the same if they see proper.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

(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.

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.

Section 2117.15 | Payment of debts - report of insolvency. If it appears at any time that the estate is insolvent, the executor or administrator may report that fact to the court, and apply for any order that the executor or administrator considers necessary because of the insolvency.

Section 2113.03 | Court may order estate released from administration. (A) Subject to division (I) of this section, an estate may be released from administration under division (B) of this section if either of the following applies: (1) The value of the assets of the estate is thirty-five thousand dollars or less.

(A) A trustee shall keep the current beneficiaries of the trust reasonably informed about the administration of the trust and of the material facts necessary for them to protect their interests.

These rules are set forth in Chapter 2127 of the Ohio Revised Code, entitled ?Sale of Lands.? If the estate fiduciary wishes to sell the real estate by consent, he or she must obtain the consent of the surviving spouse and all of the beneficiaries of the will (or heirs if there is no will).

Generally speaking, a waiver of notice is a legal document that waives an individual's right to formal notification. The purpose of a waiver of notice is usually to allow legal proceedings to commence unencumbered by frequent notices, allowing the proceedings to be more timely and efficient.

Before the executor can finalize probate and close the estate, they must provide a final accounting that includes: An itemized list of the estate's assets. Any funds or property received by the estate during its administration.

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.

Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.

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Ohio Release and Exoneration of Executor on Distribution to Beneficiary of Will and Waiver of Citation of Final Settlement