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Chapter 2129: ANCILLARY ADMINISTRATION

2129.01 Record of extracounty and extrastate proceedings.

The authenticated record of any extracounty or extrastate administration proceedings filed in the probate court
shall be admitted to record, docketed, and indexed in the same manner as local administration proceedings.

Effective Date: 10-01-1953 .

2129.02 Proceedings by nonresident executor or administrator to bar creditor's claims.

If letters of administration or letters testamentary have been granted in any state other than this state, in any
territory or possession of the United States, or in any foreign country, as to the estate of a deceased resident of
that state, territory, possession, or country, and if no ancillary administration proceedings have been commenced
in this state, the person to whom the letters of appointment were granted may file an authenticated copy of them
in the probate court of any county of this state in which is located real property of the decedent.

The claim of any creditor of that decedent shall be subject to section 2117.06 of the Revised Code. The person
filing those letters in the probate court may accelerate the bar against claims against the estate established by
that section, by giving written notice to a potential claimant that identifies the decedent by name, states the date
of the death of the decedent, identifies the court, states its mailing address, and informs the potential claimant
that any claims the potential claimant may have against the estate are required to be presented to the court
within the earlier of thirty days after receipt of the notice by the potential claimant or six months after the date of
the death of the decedent. A claim of that potential claimant that is not presented to the court within the earlier of
thirty days after receipt of the notice by the potential claimant or six months after the date of the death of the
decedent is forever barred as a possible lien upon the real property of the decedent in this state. If, at the
expiration of that period, any such claim has been filed and remains unpaid after reasonable notice of the claim to
the nonresident executor or administrator, ancillary administration proceedings as to the estate may be had
forthwith.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 05-31-1990 .

2129.03 Delivery of personal property and payment of debts to nonresident executor or

administrator.

The money, debts, and other personal property located in Ohio, belonging to a nonresident decedent may be
delivered to the nonresident executor or administrator without further liability to the estate provided the person
delivering such money, debts, or other personal property has no knowledge of ancillary proceedings being had or
having been had in Ohio.

Effective Date: 10-01-1953 .

2129.04 Ancillary administration.

When a nonresident decedent leaves property in Ohio, ancillary administration proceedings may be had upon
application of any interested person in any county in Ohio in which is located property of the decedent, or in which
a debtor of such decedent resides. Such applicant may or may not be a creditor of the estate. The ancillary
administration first granted shall extend to all the estate of the deceased within the state, and shall exclude the
jurisdiction of any other court.

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Effective Date: 10-01-1953 .

2129.05 Foreign wills.

Authenticated copies of wills of persons not domiciled in this state, executed and proved according to the laws of
any state or territory of the United States, relative to property in this state, may be admitted to record in the
probate court of a county where a part of that property is situated. The authenticated copies, so recorded, shall
be as valid as wills made in this state.

When such a will, or authenticated copy, is admitted to record, a copy of the will or of the authenticated copy,
with the copy of the order to record it annexed to that copy, certified by the probate judge under the seal of the
probate court, may be filed and recorded in the office of the probate judge of any other county where a part of
the property is situated, and it shall be as effectual as the authenticated copy of the will would be if approved and
admitted to record by the court.

Amended by 132nd General Assembly File No. TBD, HB 595, §1, eff. 3/22/2019.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.06 Will made outside the United States.

A will executed, proved, and allowed in a country other than the United States and territories thereof, according
to the laws of such foreign state or country, may be allowed and admitted to record in this state in the manner
and for the purpose mentioned in sections 2129.07 to 2129.30, inclusive, of the Revised Code.

Effective Date: 10-01-1953 .

2129.07 Proceedings to admit foreign will to record.

(A) An authenticated copy of a will executed, proved, and allowed in a country other than the United States and
territories of the United States, and the probate of that will shall be produced by the executor, or by a person
interested in the will, to the probate court of the county in which there is any estate upon which the will may
operate. The court then shall continue the application to admit it to probate for two months. Notice of the filing of
the application shall be given to all persons interested in the will, in a public newspaper published in or in general
circulation in the county in which the application is made, at least three weeks consecutively. The first publication
shall be at least forty days before the time set for the final hearing of the application. If, on the final hearing, it
appears to the court that the instrument ought to be allowed in this state, it shall order the copy to be filed and
recorded. The will, and the probate and record of it, then shall have the same effect as if the will originally had
been proved and allowed in that court.

(B) This section does not give effect to the will of an alien different from that which it would have had if originally
proved and allowed in this state.

(C) When the copy of the will has been filed and recorded, and when no ancillary administration proceedings have
been had or are being had in this state, sections 2106.01 to 2106.08 of the Revised Code, relating to the election
of a surviving spouse, shall apply the same as in the case of resident decedents, except that an election under
section 2106.01 of the Revised Code shall not be made subject to division (E) of that section, but instead shall be
made at any time after the death of the decedent but not later than six months after the recording of the copy of
the will.

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Effective Date: 05-31-1990 .

2129.08 Appointment of ancillary administrator.

(A) After an authenticated copy of the will of a nonresident decedent has been allowed and admitted to record as
provided in this chapter, and after there has been filed in the probate court a complete exemplification of the
record of the grant of the domiciliary letters of appointment and of any other records of the court of domiciliary
administration that the court requires, the court shall appoint as the ancillary administrator the person named in
the will, or nominated in accordance with any power of nomination conferred in the will, as general executor of
the decedent's estate or as executor of the portion of the decedent's estate located in this state, provided that the
person makes application and qualifies under division (B)(2) of section 2109.21 of the Revised Code and in all
other respects as required by law. If the testator in the will naming or providing for the nomination of that
executor orders or requests that bond not be given by that executor, bond shall not be required unless, for
sufficient reason, the court requires it.

(B) If a nonresident decedent died intestate, or failed to designate in the nonresident decedent's will any person
qualified to act as ancillary administrator or to confer in the will a power to nominate a person as an executor as
described in division (A) of this section, or if the will of a nonresident decedent conferred that power but no
person qualified to act as ancillary administrator was nominated, the court shall appoint in that capacity a suitable
person who is a resident of the county including, but not limited to, a creditor of the estate.

(C) An ancillary administrator, acting as to the estate of a testate decedent that is located in this state, may sell
and convey the real and personal property by virtue of the will as executors or administrators with the will
annexed may do.

(D) No person shall be appointed as an ancillary administrator of the estate of a nonresident presumed decedent
that is located in this state, except after Chapter 2121. of the Revised Code, relative to the appointment of an
ancillary administrator, has been complied with.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 05-31-1990 .

2129.09 [Repealed].

Effective Date: 05-31-1990 .

2129.10 Procedure.

Except as otherwise provided in this chapter, the procedure in ancillary administration shall be the same as in the
administration of the estates of resident decedents.

Effective Date: 05-31-1990 .

2129.11 No domiciliary administration.

If no domiciliary administration has been commenced, the ancillary administrator shall proceed with the
administration in this state as though the decedent had been a resident of this state at the time of the decedent's
death.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

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Effective Date: 10-01-1953 .

2129.12 Presentation of claims.

Creditors having claims against the estate of a nonresident decedent shall file them with the ancillary
administrator who is appointed in accordance with sections 2109.21 and 2129.08 of the Revised Code, within the
time and in the manner provided by sections 2117.06 and 2117.07 of the Revised Code.

Effective Date: 05-31-1990 .

2129.13 Sale of real property.

If an ancillary administrator finds that the personal property of the nonresident decedent in this state is not
sufficient to pay the expenses of administration, public rates and taxes, and other valid claims that have been
presented, the ancillary administrator shall proceed to sell as much of the real property of the decedent located in
this state that is necessary to pay those debts. The procedure shall be the same as in sales of real property in
administration proceedings relating to the estates of resident decedents under sections 2127.01 to 2127.43 of the
Revised Code.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.14 Sale requested by domiciliary executor or administrator.

A domiciliary executor or administrator of a nonresident decedent may file in the probate court by which the
ancillary administrator was appointed information showing that it will be necessary to sell real property of the
decedent located in this state to pay debts and legacies, and the court may thereupon authorize the ancillary
administrator to sell any part or all of the real property that is necessary. The ancillary administrator shall proceed
to sell the real property in the manner provided by section 2129.13 of the Revised Code.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.15 Certificate of assets and liabilities.

Within five months after appointment, the ancillary administrator of a nonresident decedent shall forward to the
domiciliary administrator, if any, of the decedent, if the name and address of the domiciliary administrator are
known, a certificate showing all assets of the estate in this state and all debts and liabilities including estimated
expenses of administration. If the name and address of the domiciliary administrator are not known, the
certificate shall be forwarded to the next of kin of the deceased whose names and addresses are known and to the
court having jurisdiction in estate matters in the county in which the decedent resided at the time of death.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.16 Property not to be sold.

An ancillary administrator shall not sell property of a nonresident decedent if the domiciliary administrator or
executor, or any other person having an interest in the estate, within thirty days after the forwarding of the
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certificate of assets and liabilities required by section 2129.15 of the Revised Code pays to the ancillary
administrator a sum sufficient to pay all expenses of administration, public rates and charges, and creditors'
claims filed in the state, or secures the payment of such sum to the satisfaction of the probate court. The
domiciliary administrator or executor, or any other person having an interest in the estate, may likewise prevent
the sale of any part of such property by paying, or securing to the satisfaction of the court the payment of, the
appraised value of the property withheld from sale.

Effective Date: 10-01-1953 .

2129.17 Transcript to be filed.

An ancillary administrator shall file in the probate court of every county in this state in which real property of the
nonresident decedent is located a certified copy of the records in the court of the ancillary administrator's
appointment that affect the title to that real property.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.18 Determination of heirship.

Whenever property of a nonresident decedent as to whose estate ancillary administration proceedings are being
had in this state passes by the laws of intestate succession or under a will to a beneficiary not named in the will,
proceedings may be had to determine the persons entitled to that property in the same manner as in the estates
of resident decedents under sections 2123.01 to 2123.07 of the Revised Code. The ancillary administrator shall
file a certified copy of the finding in the probate court in every county in this state in which real property of the
decedent is located. The administrator shall procure and file in the court for the information of the court a certified
copy of any determination of heirship relative to the decedent's estate made in the state of the domiciliary
administration.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.19 Application for certificate of transfer.

Prior to filing the ancillary administrator's final account, an ancillary administrator shall file in the probate court an
application for a certificate of transfer as to the real property of the nonresident decedent situated in this state, in
the same manner as in the administration of the estates of resident decedents under section 2113.61 of the
Revised Code.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.20 Payments to ancillary administrator.

Any person indebted to the estate of a nonresident decedent or holding property belonging thereto may pay such
indebtedness or deliver such property to the ancillary administrator when appointed, and shall thereupon be
discharged from further liability to said estate.

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Effective Date: 10-01-1953 .

2129.21 Bona fide purchaser protected.

The bona fide purchaser of real or personal property sold as provided by law by an ancillary administrator shall
take the title free from all obligations of the estate.

Effective Date: 10-01-1953 .

2129.22 Estate discharged by payment.

When an ancillary administrator has paid a claim against the estate of a nonresident decedent, such estate shall
be fully discharged of all liability therefor.

Effective Date: 10-01-1953 .

2129.23 Distribution.

When the expense of the ancillary administration of a nonresident decedent's estate, including any attorney's fee
that is allowed by the probate court, all public charges and taxes, and all claims of creditors presented as provided
in section 2129.12 of the Revised Code, have been paid, any residue of the personal property and the proceeds of
any real property sold for the payment of debts shall be distributed by the ancillary administrator as follows:

(A) With the approval of the court , the residue may be delivered to the domiciliary administrator or executor.

(B) If the court so orders, the residue shall be delivered to the persons entitled to it.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.24 Fees.

Probate judges, county recorders, and county auditors shall for services required by sections 2129.01 to 2129.30,
inclusive, of the Revised Code, charge and collect the same fees as for similar services in the administration of the
estates of resident decedents.

Effective Date: 10-01-1953 .

2129.25 Foreign executor or administrator may be authorized to sell real property.

When an executor or administrator is appointed in any other state, territory, or foreign country for the estate of a
person dying out of this state, and no executor or administrator for the estate is appointed in this state, the
foreign executor or administrator may file an authenticated copy of the foreign executor's or administrator's
appointment in the probate court of any county in which there is real property of the deceased, together with an
authenticated copy of the will. After filing those copies, the foreign executor or administrator may be authorized,
under an order of the court, to sell real property for the payment of debts or legacies and charges of
administration, in the manner prescribed in sections 2127.01 to 2127.43 of the Revised Code.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

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Effective Date: 10-01-1953 .

2129.26 Bond.

If it appears to the probate court granting the order of sale set forth in section 2129.25 of the Revised Code that
the foreign executor or administrator is bound with sufficient surety in the state or country in which the foreign
executor or administrator was appointed to account for the proceeds of the sale, for the payment of debts or
legacies, and for charges of administration, and an authenticated copy of the bond is filed in court, no further
bond for that purpose shall be required of the foreign executor or administrator. If the court finds that the bond is
insufficient, before making the sale, the foreign executor or administrator shall give bond to this state with two or
more sufficient sureties, conditioned to account for and dispose of the proceeds of the sale for the payment of the
debts or legacies of the deceased and the charges of administration according to the laws of the state or country
in which the foreign executor or administrator was appointed.

If the foreign executor or administrator is authorized by order of the court to sell more than is necessary for the
payment of debts, legacies, and charges of administration, before making the sale, the foreign executor or
administrator shall give bond with two or more sufficient sureties to this state, conditioned to account before the
court for all the proceeds of the sale that remain and to dispose of the proceeds after payment of the debts,
legacies, and charges.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.27 Trusts created by foreign will.

Trusts created by a will made out of this state and relating to lands situated herein may be executed as provided
in sections 2129.28 to 2129.30, inclusive, of the Revised Code, after the will is admitted to record in this state.

Effective Date: 10-01-1953 .

2129.28 Trustee's bond.

If a trustee is named in a foreign will that creates a trust relating to real property situated in this state, the
trustee may execute the trust upon giving bond to the state in the sum and with the sureties that the probate
court of the county in which the real property or a part of the real property is situated approves, conditioned to
discharge with fidelity the trust reposed in the trustee. If the testator in the will naming the trustee orders or
requests that bond not be given by the trustee, bond shall not be required, unless for sufficient cause the court
requires it.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.29 Trustee appointed by a foreign court.

If a trustee has been appointed under a foreign will that creates a trust relating to real property situated in this
state by a foreign court according to the laws of the foreign jurisdiction, the trustee may execute the trust upon
giving bond as provided in section 2129.28 of the Revised Code, and after satisfying the probate court of the
county in which the real property or a part of it is situated, by an authenticated record of appointment, that the
person or entity has been appointed trustee to execute the trust.

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Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

2129.30 Probate court may appoint a trustee under a foreign will.

If necessary, the probate court of the county where the property affected by the trust is situated, on application
by petition of the parties interested, may appoint a trustee to carry into effect a trust created by a foreign will.
The trustee, before entering upon the trust, shall give bond with the security and in the amount that the court
directs.

Amended by 129th General AssemblyFile No.52, SB 124, §1, eff. 1/13/2012.

Effective Date: 10-01-1953 .

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