What Happens When an Estate Is Insolvent in Ohio?
Enter the estate's assets and the claims in each class of Ohio's payment order to see which claims are paid in full, which are paid in part, and which go unpaid, along with when the executor is personally liable.
Frequently Asked Questions
An estate is insolvent when the claims against it exceed the assets available to pay them. Ohio then pays the claims in 10 classes, in the order its statute sets, and the classes at the end of the order are the ones left unpaid when the money runs outR.C. § 2117.25Verified Sep 23, 2026View source.
1. Costs and expenses of administrationR.C. § 2117.25(A)(1)Verified Sep 23, 2026View source. 2. Funeral expenses up to $4,000 (in the funeral director's bill, or court-approved), plus burial and cemetery expenses up to $3,000R.C. § 2117.25(A)(2)Verified Sep 23, 2026View source. 3. Spousal and minor children support allowance (R.C. § 2106.13)R.C. § 2117.25(A)(3)Verified Sep 23, 2026View source. 4. Debts entitled to a preference under the laws of the United StatesR.C. § 2117.25(A)(4)Verified Sep 23, 2026View source. 5. Expenses of the decedent's last sicknessR.C. § 2117.25(A)(5)Verified Sep 23, 2026View source. 6. Additional funeral expenses (up to $2,000 more if the director's bill exceeds $4,000)R.C. § 2117.25(A)(6)Verified Sep 23, 2026View source. 7. Expenses of the decedent's last continuous stay in a nursing home, residential facility, or hospital long-term care unitR.C. § 2117.25(A)(7)Verified Sep 23, 2026View source. 8. Personal property taxes, Medicaid estate recovery claims, and obligations for which the decedent was personally liable to the state or its subdivisionsR.C. § 2117.25(A)(8)Verified Sep 23, 2026View source. 9. Manual labor debts (up to $300 per person, performed within 12 months before death)R.C. § 2117.25(A)(9)Verified Sep 23, 2026View source. 10. Other debts for which claims have been presented and finally allowedR.C. § 2117.25(A)(10)Verified Sep 23, 2026View source.
In proportion to their amounts: each claim in the class receives the same share of what it is owedR.C. § 2117.25(E)Verified Sep 23, 2026View source.
A executor is not personally liable for the decedent's debtsOhio Rev. Code 2117.35Verified Sep 23, 2026View source. A executor who distributes property to heirs while claims are unpaid is personally liableOhio Rev. Code 2113.53(C)Verified Sep 23, 2026View source. Ohio's statutes state no rule on the executor's personal liability for paying a later class before an earlier class is paid in full.
Ohio law recognizes that a person named as executor may refuse the appointment (Ohio Rev. Code 2113.12) but prescribes no particular document. A signed written refusal filed with the court states the refusal on the record. Renunciation of Executor for Ohio
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