Ohio Code § 2113.49

Ohio Code § 2113.49. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 2113.49.

When a person who has entered into a written contract for the sale and conveyance

of an interest in real property dies before its completion, the executor or administrator

of the decedent's estate, if not required to otherwise dispose of the contract, may

file a complaint for the alteration or cancellation of the contract in the probate

court of the county in which the executor or administrator was appointed, or in which

the real property or any part of it is situated.  If the decedent died intestate, the surviving spouse and heirs, and if the decedent

died testate, the surviving spouse and devisees or legatees having an interest in

the contract, if not the plaintiffs, shall, together with the purchaser, be made parties

defendant. If, upon hearing, the court is satisfied that it is for the best interests of the

estate, it may, with the consent of the purchaser, authorize the executor or administrator

to agree to the alteration or cancellation of the contract, and to execute and deliver

to the purchaser the instruments required to make the order of the court effective.  Before making its order, the court shall cause to be secured, to and for the benefit

of the estate of the deceased, its just part of the consideration of the contract.  The instruments executed and delivered pursuant to the court's order shall recite

the order, and be as binding on the heirs and other parties in interest, as if made

by the deceased prior to death.

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

At a glance

  • Citation: Ohio Revised Code § 2113.49
  • 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 § 2113.49?

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 § 2113.49 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 § 2113.49 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.