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OTS 5.4

5.4 PROBATE COURT PROCEEDINGS- SUMMARY LAND SALE

Problem A:

Should failure to give notice of any kind in summary land sale proceedings pursuant to R.C. Sec. 2127.11 render the title unmarketable?

Standard A:

No.

Problem B:

Is a summary land sale valid when prosecuted under R.C. Sec. 2127.11 by a commissioner appointed by the court as provided by R.C. Sec. 2113.03 in estates under $3000?

Standard B:

No, only an executor or administrator is authorized to institute summary land sale proceedings.

(Effective as amended January 18, 1991; originally effective May 21, 1953)

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