Ohio Code § 2109.48
Ohio Code § 2109.48. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 2109.48.
If on the final hearing of a fiduciary's complaint to borrow money and mortgage real
property belonging to the trust it appears to be for the best interests of the trust
that the prayer of the complaint be granted, the probate court shall fix the amount
necessary to be borrowed, direct what real property shall be encumbered by mortgage
to secure that amount, and issue an order to the fiduciary directing the fiduciary
to ascertain and report to the court the rate of interest and the length of time for
which the fiduciary can borrow that amount. If the report of the fiduciary and the terms proposed are satisfactory to the court,
they may be accepted and confirmed and the fiduciary ordered, as fiduciary, to execute
a note for the amount to be borrowed and a mortgage on the real property so designated,
which shall be a valid lien on the property. The fiduciary in no way shall be personally liable for the payment of any part of
the sum borrowed, but the mortgaged real property alone shall be bound for its payment. The court shall direct the distribution of the fund and the fiduciary shall report
to the court, for its approval, the execution of the notes and mortgage and the fiduciary's
distribution of the fund.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 2109.48
- 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 § 2109.48?
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 § 2109.48 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 § 2109.48 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Statutes are amended, repealed, and renumbered every session.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.