OTS 3.10


Problem A:

Can an executor validly convey title, under an express power of sale in the will, immediately after the admission of the will to probate and the filing of the certificate of service required under R.C. Sec. 2107.19?

Standard A:

Yes, when conveyed in good faith and provided proceedings to contest the will have not been commenced and assuming no rights of spouse under R.C. Sec. 2106.16 have been exercised, at the date the deed is delivered. Good faith is ordinarily presumed.

Comment A:

R.C. Sec. 2113.39 makes clear that a power of sale authorizes a sale for any purpose considered by the executor to be in the best interest of the estate unless the power is expressly limited by the will. R.C. Sec. 2113.23 provides that, notwithstanding any subsequent revocation of authority or removal of the executor, all previous sales made lawfully and in good faith by the executor and with good faith of the purchaser shall be valid as to such executor and purchaser.

(As amended April 27, 2018. Originally effective November 1, 1952, and amended May 18, 1972, and May 18, 1994)

Problem B:

Is a conveyance defective because a fiduciary signs and acknowledges as an individual?

Standard B:

No. [See R.C. 5301.071(D)]

​(As amended April 27, 2018. Originally effective May 21, 1953)​



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