Ohio Code § 2109.43
Ohio Code § 2109.43. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2109.43.
No fiduciary shall make any personal use of the funds or property belonging to a trust. For a violation of this section, the fiduciary and the fiduciary's bond shall be
liable in an action for any loss occasioned by that use and for any additional amount
by way of forfeiture, not exceeding the amount of the loss occasioned by the use,
that may be fixed by the probate court hearing the case. Those amounts shall be payable for the benefit of the beneficiary, if living, and
to the beneficiary's estate if the beneficiary is deceased. In addition to the penalties under this section, the court may remove the fiduciary
pursuant to section 2109.24 of the Revised Code for fraudulent conduct or dereliction of duty related to the fiduciary's personal
use or misuse of funds or property belonging to a trust. However, if all interested persons consent to the fiduciary's use of the property
in a signed writing filed with the probate court, the fiduciary may make personal
use of property belonging to the trust. An action under this section shall be brought not later than one year after the termination
of the trust or the discovery of that loss. It is within the court's discretion, upon application, notice to interested persons,
and a hearing, to allow the personal use of trust property by the fiduciary.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2109.43
- 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 § 2109.43?
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 § 2109.43 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 § 2109.43 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Statutes are amended, repealed, and renumbered every session.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.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.