OTS 3.17

3.17 CONVEYANCES-BY HEIRS OR DEVISEES

Problem A:


Does the fact that a decedent's estate has not been closed prevent his heirs or devisees, whose title is evidenced by a certificate of transfer, from conveying good title?


Standard A:


No, provided the time period for will contests and presentation of claims has passed and provided any estate or inheritance tax liens to which the estate is subject are either discharged or the real property in question released therefrom, and provided one or more partial accounts of the fiduciary have been approved which appear to show payment of all claims against the estate or releases of the claims are filed.


Comment A:


If decedent has been dead more than ten years, any estate tax liens will have expired. R.C. 5731.38 (Ohio Estate Tax) and Sec. 6324(a)(I), Int. Rev. Code (Federal Estate Tax). If administration proceedings have been pending four years or more, consideration should be given to the potential effect of R.C. 2117.36, with respect to claims against the estate.


Depending on the circumstances of the particular case, other things may sometimes prevent the heirs or devisees from conveying good title, for example a pending or possible adversary proceeding, a statutory bar to taking an inheritance or devise, an unresolved question concerning the identity of the heirs or devisees, one or more competing rights of the surviving spouse, or unpaid legacies which are a charge against the real property in question.


(Effective as amended April 27, 2018; originally effective May 11, 1967)​

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