State Codes and Statutes
Statutes > Ohio > Title21 > Chapter2117 > 2117_36
2117.36 Real estate not liable for debts.
No real estate of a deceased person which has been aliened or encumbered by the decedent’s heirs prior to the issuing of letters testamentary or of administration shall be liable while in the hands of a bona fide purchaser for value or to the prejudice of a bona fide lessee or encumbrancer for value for debts of the deceased person unless letters testamentary or of administration are granted within four years from the date of death of such deceased person. No real estate of a deceased person which has been aliened or encumbered by the decedent’s heirs or devisees after the issue of letters testamentary or of administration shall be liable while in the hands of a bona fide purchaser for value or to the prejudice of a bona fide lessee or encumbrancer for value for debts of a deceased person unless suit is brought to subject such real estate to the payment of such debts prior to the settlement of the executor’s or administrator’s final account or what purports to be his final account; provided that if such final account is not filed and settled within four years after the granting of letters testamentary or of administration, but excluding for the purposes hereof the time that any action is pending against the executors or administrators for the establishment or collection of any claim against the deceased, such real estate so aliened shall not be liable for the debts of the deceased unless suit is brought to subject such real estate thereto within such four-year period. The heir or devisee aliening such real estate shall be liable for the value thereof with legal interest from the time of alienation, to the creditors of the deceased in the manner and within the limitations provided by law. This section does not enlarge or extend the right of the creditors of any deceased person against his real estate, or repeal any limitations contained in other sections of the Revised Code, or apply to mortgages or liens of record at the time of the death of such deceased person.
Effective Date: 10-01-1953
