OTS 5.2

5.2 PROBATE COURT PROCEEDINGS- DEBTS AFTER FOUR YEARS

Problem A:

Should objection be made to the title of a purchaser from the heirs on account of decedent's unpaid debts (a) where the estate had not been administered and more than four years have elapsed since decedent's death, or (b) where the final account has not been approved in the administration and more than four years have elapsed since the granting of letters without suit to subject the real estate having been commenced?

Standard A:

No.

Comment A:

The rule of this standard is set forth in R.C. Sec. 2117.36. The lien of estate (inheritance) tax is not barred by the four year statute of limitations. R.C. Sec. 2117.06 should also be considered.

Advisory Note:

This standard has been referred to the Title Standards Committee of the Real Property Section for study and possible revision to conform with the recent amendments to R.C. Sec. 2117.06.

(Amended effective November 14, 1992; prior amendment effective May 15, 1991; originally effective May 21, 1953)

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