Ohio Code § 2109.44
Ohio Code § 2109.44. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2109.44.
(A) Fiduciaries shall not buy from or sell to themselves and shall not have in their
individual capacities any dealings with the estate, except as expressly authorized
by the instrument creating the trust and then only with the approval of the probate
court in each instance. No corporate fiduciary, as defined in section 1101.01 of the Revised Code , that is not subject to examination or regulatory oversight by the superintendent
of financial institutions or the comptroller of the currency shall be permitted to
deal with the estate, any power in the instrument creating the trust to the contrary
notwithstanding. This section does not prohibit a fiduciary from making an advancement if the advancement
has been expressly authorized by the instrument creating the trust or if the probate
court approves or from engaging in any act authorized by this chapter. (B) The fiduciary may petition the court for authority to purchase property of the estate
if all of the following requirements are met: (1) Written consent to the purchase is signed by the following: (a) Each known heir whose interest in the estate would be affected by the proposed purchase; (b) Each known devisee whose interest in the estate would be affected by the proposed
purchase. (2) The written consents are filed with the court. (3) The purchase is shown to be to the advantage of the estate. (C) The court shall deliver notice of the hearing on the petition to the heirs, devisees,
or legatees of the estate or any interested person.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2109.44
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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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
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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 § 2109.44 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 § 2109.44 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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