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OTS 5.5

5.5 PROBATE COURT PROCEEDINGS- RECORDING OF OUT-OF-COUNTY PROCEEDINGS

Problem A:

If administration proceedings in an Ohio estate are not admitted to record locally, should objection be made to the record title if such proceedings are not required to be so admitted to record by statute or the Civil Rules?

Standard A:

Yes.

Comment A:

Before title can be considered to be marketable of record, it is necessary to admit to record locally at least those portions of the foreign proceedings which are necessary to show that the title which was derived through such proceedings is at the time in question free from liens and defects resulting from or related to such proceedings.

(Effective as amended November 13, 1971; prior conflicting Standard effective May 11, 1967)

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