Ohio Code § 2109.04
Ohio Code § 2109.04. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2109.04.
(A)(1) Unless otherwise provided by law, order, or local rule, every fiduciary, prior to
the issuance of the fiduciary's letters as provided by section 2109.02 of the Revised Code , shall file in the probate court in which the letters are to be issued a bond with
a penal sum in an amount that is fixed by the court, but in no event less than double
the probable value of the personal property and of the annual real property rentals
that will come into the possession or under the control of the person as a fiduciary. The bond of a fiduciary shall be in a form approved by the court and signed by two
or more personal sureties or by one or more corporate sureties approved by the court. It shall be conditioned that the fiduciary faithfully and honestly will discharge
the duties devolving upon the person as fiduciary, and shall be conditioned further
as may be provided by law. (2) Except as otherwise provided in this division, if the instrument creating the trust
dispenses with the giving of a bond, the court shall appoint a fiduciary without bond,
unless the court is of the opinion that the interest of the trust demands it. If the court is of that opinion, it may require bond to be given in any amount it
fixes. If a parent nominates a guardian for the parent's child in a will and provides in
the will that the guardian may serve without giving bond, the court may appoint the
guardian without bond or require the guardian to give bond in accordance with division
(A)(1) of this section. (3) A guardian of the person only does not have to give bond unless, for good cause shown,
the court considers a bond to be necessary. When a bond is required of a guardian of the person only, it shall be determined
and filed in accordance with division (A)(1) of this section. This division does not apply to a guardian of the person only nominated in a parent's
will if the will provides that the guardian may serve without giving bond. (4) When the probable value of the personal property and of the annual real property
rentals that will come into the possession or under the control of the guardian as
a fiduciary is less than ten thousand dollars, the court may waive or reduce a bond
required by division (A)(1) of this section. (B) When an executive director who is responsible for the administration of children
services in the county is appointed as trustee of the estate of a ward pursuant to section 5153.18 of the Revised Code and has furnished bond under section 5153.13 of the Revised Code , or when an agency under contract with the department of developmental disabilities
for the provision of protective service under sections 5123.55 to 5123.59 of the Revised Code is appointed as trustee of the estate of a ward under sections 5123.55 to 5123.59 of the Revised Code and any employees of the agency having custody or control of funds or property of
that ward have furnished bond under section 5123.59 of the Revised Code , the court may dispense with the giving of a bond. (C) When letters are granted without bond, at any later period on its own motion or upon
the application of any party interested, the court may require bond to be given in
an amount that is fixed by the court. On failure to give that bond, the defaulting fiduciary shall be removed. No instrument authorizing a fiduciary whom it names to serve without bond shall be
construed to relieve a successor fiduciary from the necessity of giving bond, unless
the instrument clearly evidences that intention. The court that appoints a fiduciary may reduce the amount of the bond of the fiduciary
at any time for good cause shown. When two or more persons are appointed as joint fiduciaries, the court may take a
separate bond from each or a joint bond from all.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2109.04
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 2109.04?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 2109.04 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 2109.04 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
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