October 4, 2023


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Ohio Executor Or Administrator Has Three Months From Appointment To Present Claim To Probate Court

In In Re Estate of Gates, a March 31, 2022 opinion, the Ohio appellate court distinguished in between the deadline for an executor or administrator to present a assert to the probate courtroom, and the deadline for a normal creditor to present a claim.

The Info of In Re Estate of Gates

Annie Gates died intestate on September 14, 2020.  The decedent was survived by her two daughters, appellant Carlesia Gates and Calandra Gates.

Carlesia was appointed as the administrator of decedent’s estate on August 3, 2021.

On September 13, 2021 Carlesia filed an application for allowance of declare in opposition to the estate in the volume of $35, 010 pursuant to R.C. 2117.02.  She sought reimbursement for repairs, enhancements, and maintenance to the decedent’s property.  3 times later, on September 16, 2021, the Ohio probate courtroom denied the application for allowance of assert, obtaining that the application was premature submitted pursuant to R.C. 2117.06(B).

Carlesia appealed the denial of her application for allowance of declare.

When Will have to an Executor or Administrator Existing a Claim To the Ohio Probate Court docket?

An Ohio executor or administrator has three months after the date of appointment to existing any claim towards the estate to the probate courtroom.

R.C. 2117.02 governs presentation of declare to probate court and states in pertinent portion:

An executor or administrator inside of a few months following the day of appointment shall existing any assert the executor or administrator has from the estate to the probate court docket for allowance.

When Ought to a Creditor Current a Assert To the Ohio Probate Court?

A basic creditor (not an administrator or executor) ought to current a declare inside 6 months soon after loss of life.

R.C. 2117.06 governs method for the presentation and allowance of creditor&#8217s statements. Subsection (B) states in pertinent section:

Besides as supplied in portion 2117.061 of the Revised Code, all statements shall be offered within just 6 months after the demise of the decedent, irrespective of whether or not the estate is released from administration or an executor or administrator is appointed during that six-month time period.&#8221 (Emphasis included to mirror the demo court docket&#8217s emphasis on this language).

An Ohio Executor Or Administrator Has A few Months From Appointment To Existing a Assert

In its September 16, 2021 judgment entry, the Ohio probate court docket discovered the software for allowance of declare to be premature as it was submitted virtually a year after the decedent&#8217s dying.

Appellant argued that the probate court docket dismissed the distinct statutory distinction concerning claims belonging to executors and directors and statements belonging to other creditors.  Appellant argued that since she is the administrator of the Ohio estate, she had 3 months just after the date of her appointment to present her application for allowance of assert towards the estate. Since she introduced her application some forty-1 times right after her appointment, her assert was well timed filed.

The Ohio appellate courtroom agreed that declare was well timed filed, citing to Estate of Curc, where the court docket reasoned:

R.C 2117.02 governs claims by executors and administrators R.C. 2117.06 governs claims by creditors. These are two unique groups of individuals and consequently every single are unique to a distinct course of individuals. To be guaranteed, the previous is a extra slender course than the latter, but they are even so two certain groups. Appellant, in this circumstance, submitted his statements as an executor and, as these, he suits within the slender course of people today enumerated under R.C. 2117.02.

We figure out that R.C. 2117.06 governs &#8220all promises&#8221 and &#8220all functions,&#8221 with no regard to who the creditor is or the mother nature of that creditor&#8217s assert. Nevertheless, the &#8220all promises&#8221 and &#8220all parties&#8221 provisions precisely fall less than the rubric of a statute specifically specified to implement to &#8220lenders.&#8221 Ended up we to go through these universal pronouncements to contain executors and directors, R.C. 2117.02 would be rendered inconsequential. Observing the plain language of the statutes, &#8220[i]t is crystal clear * * * that the legislature acknowledged that a declare by an executor towards the estate he represents should be processed in a different way from individuals of other creditors.&#8221 Wilhoit v. Estate of Powell, 70 Ohio Application.2d 61, 62, 434 N.E.2d 742 (12th Dist.1980). Specified this variation, the simple fact that a party is a creditor of a decedent on his or her dying, does not negate the effect and import of R.C. 2117.02 if an estate is open up and that former creditor is appointed executor and his or her statements are thoroughly leveled towards the estate. On these types of appointment, R.C. 2117.02 vouchsafes extra privileges to a social gathering appointed executor privileges that may well have been extensive extinguished to an common creditor by procedure of R.C. 2117.06.

Consequently, in this scenario, the administrator experienced three months after her appointment to file her software for any statements against the Ohio estate. Since appellant introduced her software within the applicable 3 thirty day period period of time, it was well timed filed under Ohio legislation. The Ohio probate courtroom was reversed, and the make any difference remanded for the court to carry out a hearing on appellant&#8217s application for allowance of assert from the estate in her function as administrator, reliable with the language of R.C. 2117.02.

Find your Ohio probate attorney.  Examine much more about Creditor Statements In Ohio Probate and Deadlines and Timelines In Ohio Probate.