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

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

When 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 when 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 estate of the decedent.

The claim of any creditor of such a decedent shall be subject to section 2117.06 of the Revised Code. The person filing such 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 he 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 one year 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 one year after the date of the death of the decedent is forever barred as a possible lien upon the real estate 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.

Effective Date: 05-31-1990