Ohio Code § 2127.41

§ 2127.41.

If, after the institution of proceedings for the partition of the real property of

a decedent, it is found that the assets in the possession or under the control of

the executor or administrator probably are insufficient to pay the debts of the estate,

together with the allowance for support of the surviving spouse, minor children, or

surviving spouse and minor children as provided in section 2106.13 of the Revised Code , the expenses of administration, and the legacies that are a charge upon the real

property, the executor or administrator shall make a written statement to the probate

court of the assets, indebtedness, expenses, and legacies, and the court shall ascertain

the amount necessary to pay the debts, expenses, and legacies and give a certificate

of the amount to the executor or administrator. The executor or administrator then shall present the certificate to the court in which

the proceedings for partition are or have been pending, and, on the motion of the

executor or administrator, the court shall order the amount named in the certificate

to be paid over to the executor or administrator out of the proceeds of the sale of

the premises, if thereafter they are sold or already have been sold.  This section does not prohibit an executor or administrator from proceeding to sell

real property belonging to the estate for the payment of debts or legacies, although

it has been sold on partition or otherwise, or the proceeds of the sale have been

fully distributed.