Ohio Code § 2109.41

Ohio Code § 2109.41. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2109.41.

(A) Immediately after appointment and throughout the term of the appointment, but subject

to section 2109.372 of the Revised Code and except as provided in division (C) of this section, every fiduciary, pending

payment of current obligations of the fiduciary's trust or estate, distribution, or

investment pursuant to law, shall deposit all funds received by the fiduciary in the

fiduciary's name as such fiduciary in one or more depositaries.  Each depositary shall be a bank, savings bank, savings and loan association, or

credit union located in this state.  A corporate fiduciary, authorized to receive deposits of fiduciaries, may be the

depositary of funds held by it as fiduciary.  All deposits made pursuant to division (A) of this section shall be in such class

of account as will be most advantageous to the trust or estate, and each depositary

shall pay interest at the highest rate customarily paid to its patrons on deposits

in accounts of the same class. (B) The placing of funds in such depositaries under the joint control of the fiduciary

and a surety on the bond of the fiduciary shall not increase the liability of the

fiduciary. (C) A fiduciary of a trust or estate may transfer funds received by the fiduciary in

the fiduciary's name as such fiduciary to the fiduciary's attorney for deposit in

an interest on lawyer's trust account established under division (A)(1)(b) of section 4705.09 of the Revised Code that is maintained by the attorney if the attorney, in consultation with the fiduciary,

has determined that the funds are nominal in amount or will be held in the interest

on lawyer's trust account for a short period of time. (D) Notwithstanding any contrary provision in this chapter, a probate court examining

a trust or estate may only access the account information of an interest on lawyer's

trust account created under this section for purposes of obtaining information related

to that particular trust or estate and shall not access records of the interest on

lawyer's trust account that pertain to assets of any other estate or trust held in

the interest on lawyer's trust account.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 2109.41
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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Common questions

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