Ohio Revised Code|Section 2113.61 | Application for certificate of transfer of real property.

                                                
(A)(1) When real property passes by the laws  of intestate succession or under a will, the administrator or  executor shall file in probate court, at any time after the filing  of an inventory that includes the real property but prior to the  filing of the administrator's or executor's final account, an  application requesting the court to issue a certificate of  transfer as to the real property. Real property sold by an  executor or administrator or land registered under Chapters 5309.  and 5310. of the Revised Code is excepted from the application  requirement. Cases in which an order has been made under section  2113.03 of the Revised Code relieving an estate from  administration and in which the order directing transfer of real  property to the person entitled to it may be substituted for the  certificate of transfer also are excepted from the application  requirement. 
(2) In accordance with division (C)(3)(b) of section 2113.031  of the Revised Code, an application for a certificate of transfer  of an interest in real property included in the assets of the  decedent's estate shall accompany an application for a summary  release from administration under that section. This section  applies to the application for and the issuance of the requested  certificate of transfer except to the extent that the probate  court determines that the nature of any of the provisions of this  section is inconsistent with the nature of a grant of a summary  release from administration.
(B) Subject to division (A)(2) of this section, the  application for a certificate of transfer shall contain all of the  following:
(1) The name, place of domicile at death, and date of death  of the decedent;
(2) A statement whether the decedent died testate or  intestate;
(3) The reason the property is being transferred to the  devisee or devisees;
(4) Whether any spousal elections have been exercised;
(5) Whether any disclaimers or assignments have been filed;
(6) A statement that all the known debts of the decedent's  estate have been paid or secured to be paid, or that sufficient  other assets are in hand to complete the payment of those debts or  a statement that the estate is insolvent and the transfer is of  the mansion house and is being made to satisfy all or a portion of  the spousal allowance for support;
(7) Other pertinent information that the court requires.
(C) Subject to division (A)(2) of this section, within five  days following the filing of an application for a certificate of  transfer that complies with division (B) of this section, the  court shall issue a certificate of transfer for record in each  county in this state in which real property so passing is  situated, that shall recite all of the following:
(1) The name and date of death of the decedent;
(2) Whether the decedent died testate or intestate;
(3) The case number of the probate court record of the  administration of the estate;
(4) The names and places of residence of the devisees, the  interests passing to them, the names and places of residence of  the persons inheriting intestate, and the interests inherited by  them, in each parcel of real property being transferred;
(5) A description of each parcel of real property being  transferred;
(6) Other information that in the opinion of the court should  be included.
(D) If an executor or administrator has failed to file an  application for a certificate of transfer before being discharged,  the application may be filed by an heir or devisee, or a successor  in interest, in the probate court in which the testator's will was  probated or, in the case of intestate estates, in the probate  court in which administration was had. If no administration was  had on an estate and if no administration is contemplated, except  in the case of the grant of or contemplated application for the  grant of an order of a summary release from administration under  section 2113.031 of the Revised Code, an application for a  certificate of transfer may be filed by an heir or devisee, or a  successor in interest, in the probate court of the county in which  the decedent was a resident at the time of death or in which the  real property of the decedent is located.
(E) A foreign executor or administrator, if no ancillary  administration proceedings have been had or are being had in this  state, may file in accordance with this section an application for  a certificate of transfer in the probate court of any county of  this state in which real property of the decedent is located.
(F) 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 interest of the decedent in the  contract and the record title to the real property described in  the contract may be transferred to the devisees or heirs at law  entitled to the interest of the decedent in the real property, in  the same manner as provided in this section and section 2113.62 of  the Revised Code for the transfer of real property. The  application for the certificate of transfer and the certificate  itself also shall recite that the real property described in the  application or certificate is subject to a written contract for  its sale and conveyance.