Ohio Code § 2109.52

Ohio Code § 2109.52. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2109.52.

When passing on a complaint made under section 2109.50 of the Revised Code , the probate court shall determine, by the verdict of a jury if either party requires

it or without if not required, whether the person accused is guilty of having concealed,

embezzled, conveyed away, or been in the possession of moneys, personal property,

or choses in action of the estate, testamentary trust, or guardianship.  If the person is found guilty, the probate court shall assess the amount of damages

to be recovered or the court may order the return of the specific thing concealed

or embezzled or may order restoration in kind.  The probate court may issue a citation or other judicial order into any county in

this state that shall be served and returned as provided in section 2109.50 of the Revised Code .  The citation or other judicial order shall require any person who claims any interest

in the assets alleged to have been concealed, embezzled, conveyed, or held in possession

to appear before the court.  At the hearing, the court may hear and determine questions of title relating to

those assets.  In all cases, except when the person found guilty is the fiduciary, the probate

court shall render judgment in favor of the fiduciary or if there is no fiduciary

in this state, the probate court shall render judgment in favor of the state, against

the person found guilty, for the amount of the moneys or the value of the personal

property or choses in action concealed, embezzled, conveyed away, or held in possession,

together with ten per cent penalty and all costs of the proceedings or complaint;

 except that the judgment shall be reduced to the extent of the value of any thing

specifically restored or returned in kind as provided in this section. If the person found guilty is the fiduciary, the probate court shall render judgment

in favor of the state against the fiduciary for the amount of the moneys or the value

of the personal property or choses in action concealed, embezzled, conveyed away,

or held in possession, together with penalty and costs as provided in this section.

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

At a glance

  • Citation: Ohio Revised Code § 2109.52
  • 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 § 2109.52?

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 § 2109.52 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 § 2109.52 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?

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