Not sure which duties apply to your situation?
Start the free role checkKey Ohio Trust Code provisions
Transfer made or obligation incurred fraudulent as to creditor
R.C. 1336.04 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Claims arising before the transfer or obligation incurred
R.C. 1336.05 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Dower
R.C. 2103.02 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Statute of descent and distribution
R.C. 2105.06 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Descent when all descendants of equal degree of consanguinity
R.C. 2105.12 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Election by surviving spouse
R.C. 2106.01 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Election to receive mansion house
R.C. 2106.10 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Allowance for support
R.C. 2106.13 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Will contest action - time limits
R.C. 2107.76 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Administrator or executor rendering account
R.C. 2109.301 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Testamentary trustee rendering account
R.C. 2109.303 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Inventory - separate schedule
R.C. 2115.02 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Presentation and allowance of creditor's claims - pending action against decedent
R.C. 2117.06 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Privileged communications
R.C. 2317.02 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exempted interests and rights
R.C. 2329.66 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Exemption of proceeds from claims of creditors
R.C. 3911.10 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Medicaid estate recovery program
R.C. 5162.21 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Rate of tax - credit
R.C. 5731.02 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Notice to beneficiary by request
R.C. 5801.09 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Combination or division of trusts
R.C. 5804.17 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Validity and effect of spendthrift provisions
R.C. 5805.01 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Enforceability and enforcement of spendthrift provisions
R.C. 5805.02 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Creditors of discretionary trust beneficiary may not reach interest
R.C. 5805.03 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Creditor may not compel discretionary distribution - exceptions
R.C. 5805.04 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Attachment of mandatory distributions absent spendthrift provision
R.C. 5805.05 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Rights of settlor's creditors - power of withdrawal
R.C. 5805.06 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trust property not subject to personal obligations of trustee
R.C. 5805.07 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Actions concerning certain revocable trusts
R.C. 5806.04 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duties of trustee generally
R.C. 5808.01 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty of loyalty to beneficiaries - voidable transactions - conflicts of interest
R.C. 5808.02 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Multiple beneficiaries - duty of impartiality
R.C. 5808.03 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duty to act as prudent person
R.C. 5808.04 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Reasonable administrative costs allowed
R.C. 5808.05 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trustee to use any special skills or expertise
R.C. 5808.06 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation of powers and duties
R.C. 5808.07 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Direction of settlor contrary to terms - power of modification
R.C. 5808.08 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Taking control and protection of property
R.C. 5808.09 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Adequate records of administration
R.C. 5808.10 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Enforcement and defense of claims
R.C. 5808.11 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Collection of trust property - successor trustees
R.C. 5808.12 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Keeping beneficiaries informed - requests - required reports
R.C. 5808.13 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Judicial standard of review for discretionary trusts
R.C. 5808.14 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
General powers of trustee
R.C. 5808.15 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Specific powers of trustee
R.C. 5808.16 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Powers and duties of trustee on termination; protection from liability
R.C. 5808.17 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trustee's power to make distributions in further trust
R.C. 5808.18 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Trustee duty to comply with act
R.C. 5809.01 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Standard of care - portfolio strategy - risk and return objectives
R.C. 5809.02 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Investment authority - diversification
R.C. 5809.03 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duties of a trustee with respect to the acquisition, retention, or ownership of a life insurance policy
R.C. 5809.031 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Duties at inception of trusteeship
R.C. 5809.04 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Delegation of investment and management functions
R.C. 5809.06 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Limitations period for action against trustee
R.C. 5810.05 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Restrictions on actions, remedies, and claims
R.C. 5816.07 ↗Clear, simple explanation; the verbatim statute text is not yet attested in our library. See the official statute via the link above.
Ohio trustee deadlines: what the statutes provide
Reviewed against the Ohio Statutes on 2026-10-15. General information, not legal advice; the official text controls.
| When | Timing | What the statute provides | To whom | Statute |
|---|---|---|---|---|
| You are named trustee and act on it | No day-count. Acceptance is by the instrument's method or by conduct; the acceptance notice runs from it. | Accept by substantially complying with a method the trust instrument provides or, where it provides none or the method is not expressly exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance; a designee who does not accept within a reasonable time after knowing of the designation is deemed to have rejected, and may preserve the property without accepting by sending a rejection within a reasonable time after acting. | — | R.C. 5807.01 ↗ |
| You accept | At once and throughout; no day-count. | Administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with the Ohio Trust Code — solely in the beneficiaries' interests (R.C. 5808.02), impartially (R.C. 5808.03) and as a prudent person would (R.C. 5808.04). | — | R.C. 5808.01 ↗ |
| You accept | At once and throughout; no day-count. | Take reasonable steps to take control of and protect the trust property, and to collect trust property held by third persons (R.C. 5808.12); a successor's responsibility for the prior trustee's administration is governed by R.C. 5815.24, which requires no audit of the predecessor absent a direction in the instrument or actual knowledge of a breach. | — | R.C. 5808.09 ↗ |
| You accept, or receive trust assets | Within a reasonable time after accepting the trusteeship or receiving the assets; no day-count. | Review the trust assets and make and implement decisions on their retention and disposition, to bring the portfolio into compliance with the purposes, terms, distribution requirements and other circumstances of the trust and with the Ohio Uniform Prudent Investor Act (R.C. 5809.02). | — | R.C. 5809.04 ↗ |
| You accept | At once and throughout; no day-count. | Keep adequate records of the administration, keep the trust property separate from your own, and cause the property to be designated so that the trust's interest appears in records a third party maintains, so far as feasible. | — | R.C. 5808.10 ↗ |
| You accept the trusteeship | Within 60 days after accepting — for a trustee who accepts on or after January 1, 2007. | Notify the current beneficiaries of the acceptance and of the trustee's name, address and telephone number. While the settlor of a revocable trust lives, the duty is owed to the settlor alone (R.C. 5808.13(G)). | The current beneficiaries — each distributee or permissible distributee of trust income or principal on the date of determination (R.C. 5801.01(F)) — and any beneficiary who has requested notice (R.C. 5801.09); a beneficiary surrogate the instrument designates, in a current beneficiary's place (R.C. 5801.04(C)); sent in a manner reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery, delivery to the last known residence or place of business, or a properly directed electronic message (R.C. 5801.08) | R.C. 5808.13(B)(2) ↗ |
| You acquire knowledge that the trust is irrevocable — that it was created irrevocable, or that the settlor's death or another event made it so | Within 60 days after the date you acquire that knowledge — counted from the trustee's knowledge, not from the event; for an irrevocable trust created, or a revocable trust becoming irrevocable, on or after January 1, 2007. | Notify the current beneficiaries of the trust's existence, of the identity of the settlor or settlors, of the right to request a copy of the trust instrument and of the right to a trustee's report. The settlor may displace the notice for a current beneficiary only by designating a beneficiary surrogate in the instrument (R.C. 5801.04(B)(8), (C)). | The current beneficiaries — each distributee or permissible distributee of trust income or principal on the date of determination (R.C. 5801.01(F)) — and any beneficiary who has requested notice (R.C. 5801.09); a beneficiary surrogate the instrument designates, in a current beneficiary's place (R.C. 5801.04(C)); sent in a manner reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery, delivery to the last known residence or place of business, or a properly directed electronic message (R.C. 5801.08) | R.C. 5808.13(B)(3) ↗ |
| A beneficiary asks for information, or for a copy of the trust instrument | Promptly, unless unreasonable under the circumstances; no day-count. | Keep the current beneficiaries reasonably informed about the administration and the material facts necessary to protect their interests; respond to a beneficiary's request for information related to the administration; on request, furnish a copy of the trust instrument — a redacted copy limited to the provisions the trustee determines relevant to the beneficiary's interest unless the beneficiary expressly asks for the whole (R.C. 5808.13(B)(1)). | The requesting beneficiary | R.C. 5808.13(A) ↗ |
| Each year of the administration | At least annually; no fixed calendar date — for a trust with a fiscal year ending on or after January 1, 2007. | Send a trustee's report of the trust property, liabilities, receipts and disbursements, including the source and amount of the trustee's compensation, a listing of the trust assets and, if feasible, their respective market values. | The current beneficiaries — each distributee or permissible distributee of trust income or principal on the date of determination (R.C. 5801.01(F)) — and any beneficiary who has requested notice (R.C. 5801.09); a beneficiary surrogate the instrument designates, in a current beneficiary's place (R.C. 5801.04(C)), and other beneficiaries who request it; not a beneficiary who waived the report and has not withdrawn the waiver (R.C. 5808.13(D)); sent in a manner reasonably suitable under the circumstances and likely to result in receipt — first-class mail, personal delivery, delivery to the last known residence or place of business, or a properly directed electronic message (R.C. 5801.08) | R.C. 5808.13(C) ↗ |
| The trust terminates | At the termination of the trust; no day-count. | Send the trustee's report for the final period — the same contents as the annual report — to the current beneficiaries and the beneficiaries who request it, and proceed expeditiously to distribute (R.C. 5808.17(B)). | — | R.C. 5808.13(C) ↗ |
| A vacancy occurs in the trusteeship — a trustee resigns, is removed, dies or becomes incapacitated | On the vacancy, unless a cotrustee remains in office; no day-count. | The former trustee sends the current beneficiaries a report for the period during which the former trustee served; a personal representative or guardian may send it for a deceased or incapacitated trustee. A departing trustee delivers the property expeditiously to the cotrustee or successor (R.C. 5807.07). | — | R.C. 5808.13(C) ↗ |
| A beneficiary waives the report, or withdraws a waiver | No day-count. A waiver stands until withdrawn; a withdrawal reaches future reports and information. | A beneficiary may waive the right to a trustee's report or other information the section requires, and may withdraw a waiver previously given as to future reports; the trustee may provide information to beneficiaries it is not required to inform (R.C. 5808.13(E)). | — | R.C. 5808.13(D) ↗ |
| You intend to change the method or rate of your compensation | In advance of the change; no day-count. | Notify the current beneficiaries in advance of any change in the method or rate of the trustee's compensation. The compensation itself is as the terms specify, else reasonable under the circumstances, and the court may allow more or less (R.C. 5807.08). | The current beneficiaries — each distributee or permissible distributee of trust income or principal on the date of determination (R.C. 5801.01(F)) — and any beneficiary who has requested notice (R.C. 5801.09); a beneficiary surrogate the instrument designates, in a current beneficiary's place (R.C. 5801.04(C)) | R.C. 5808.13(B)(4) ↗ |
| You decide to resign | At least 30 days' notice, or with the court's approval. | A trustee may resign on at least thirty days' notice to the qualified beneficiaries, the settlor if living and all cotrustees, or with the court's approval; the resignation does not discharge liability for prior acts, and the departing trustee keeps the duties and powers needed to protect the property until it is delivered (R.C. 5807.07). | The qualified beneficiaries (R.C. 5801.01(Q)), the settlor if living, and all cotrustees | R.C. 5807.05 ↗ |
| You propose to transfer the trust's principal place of administration to another state or country | Not less than 60 days before initiating the transfer. | Notify the current beneficiaries of the proposed transfer — the new jurisdiction, the address and telephone number at the new location, the reasons and the expected date — in furtherance of the continuing duty to administer the trust at a place appropriate to its purposes. | The current beneficiaries — each distributee or permissible distributee of trust income or principal on the date of determination (R.C. 5801.01(F)) — and any beneficiary who has requested notice (R.C. 5801.09); a beneficiary surrogate the instrument designates, in a current beneficiary's place (R.C. 5801.04(C)) | R.C. 5801.07(D) ↗ |
| The settlor of a revocable trust dies, making the trust irrevocable | An action is commenced by the earlier of two years after the death or six months after the trustee sends the person a copy of the instrument with a notice of the trust's existence, the trustee's name and address and the time allowed. A potential contestant's written notification holds a distribution for 90 days. | An action to contest the validity of the trust, a lifetime amendment, a lifetime revocation or a lifetime transfer to it is barred after the period. After the death the trustee may distribute without liability unless it has actual knowledge of a pending contest or a potential contestant's written notification is followed by a filing within ninety days; a beneficiary returns a distribution exceeding the entitlement if the trust is later held invalid. | — | R.C. 5806.04 ↗ |
| The trust terminates or partially terminates and you send a proposal for distribution | A beneficiary's right to object ends 30 days after the proposal was sent, where the proposal stated the right to object and the time allowed. | The trustee may send the beneficiaries a proposal for distribution; the right to object terminates if the beneficiary does not notify the trustee of an objection within thirty days after the proposal was sent, but only where the proposal informed the beneficiary of the right to object and the time allowed. | — | R.C. 5808.17(A) ↗ |
| An event terminates or partially terminates the trust | Expeditiously; no day-count. A reasonable reserve for debts, expenses and taxes may be retained. | Proceed expeditiously to distribute the trust property to the persons entitled to it, subject to the right to retain a reasonable reserve; a deceased beneficiary's share goes to the personal representative of an open estate, or, on the statute's conditions, directly to the heirs or devisees (R.C. 5808.17(D)). | — | R.C. 5808.17(B) ↗ |
| You send a beneficiary, a representative or a beneficiary surrogate a report that adequately discloses a potential claim and states the time allowed | Two years from the date the report is sent. | A beneficiary may not commence a proceeding against the trustee for breach of trust more than two years after being sent a report that adequately discloses the existence of a potential claim for breach of trust and informs the recipient of the time allowed for commencing a proceeding; a report adequately discloses a claim if it gives enough information that the beneficiary knows or should know of it (R.C. 5810.05(B)). | — | R.C. 5810.05(A) ↗ |
| No report started the two-year period | Four years after the first of: the trustee's removal, resignation or death; the termination of the beneficiary's interest; the termination of the trust; or the time the beneficiary knew or should have known of the breach. | Where the two-year rule does not apply, a beneficiary's proceeding against a trustee for breach of trust is commenced within four years after the first of those events, notwithstanding the general limitation statute; laches, estoppel, waiver and the other doctrines that can bar claims are unaffected. | — | R.C. 5810.05(C) ↗ |
| You intend to distribute trust principal to the trustee of a second trust | Written notice not later than 30 days before the distribution, unless all current beneficiaries waive the period. | Notify all current beneficiaries of the first trust in writing of the intended distribution to a second trust; the exercise is by a signed writing filed with the trust's records and is subject to the section's limits on mandatory rights, tax benefits and the trustee's compensation and standard of care. | All current beneficiaries of the first trust | R.C. 5808.18(F) ↗ |
| The trust property totals less than $100,000 and its value does not justify the cost of administration | After notice to the qualified beneficiaries; no day-count. | The trustee of an inter vivos trust may terminate it after notice to the qualified beneficiaries, distributing under any premature-termination provision or else among the beneficiaries equitably according to their interests; the court may modify or terminate it on the same finding. Combining or dividing trusts also follows notice to the qualified beneficiaries (R.C. 5804.17). | The qualified beneficiaries (R.C. 5801.01(Q)) | R.C. 5804.14 ↗ |
| You elect the optional closing process for trust-terminating distributions | The notice and trustee's reports are served within a reasonable time after the terminating event; the distributions objection period is 45 days from service. | Serve the terminating distributions necessary parties a written notice with the contents the section lists and trustee's reports for the applicable reporting period (R.C. 5801.20); with no timely written objection, distribute within a reasonable time, and each person served is barred from claims against the trustee as to the matters disclosed with the effect of a court's order settling a full account. A departing trustee may use the same process on a resignation or removal (R.C. 5801.23); service is by the methods R.C. 5801.24 lists. | — | R.C. 5801.22 ↗ |
| A bank, a custodian, a buyer or a title company asks for the trust instrument | When asked; no day-count. | Furnish, instead of the instrument, a certification of trust stating the trust's existence and the date of its instrument, the settlor's identity, the currently acting trustee's identity and address, the trustee's powers, the trust's revocability and anyone holding a power to revoke, and the cotrustees' authority to sign — signed by any trustee and stating that the trust has not been revoked, modified or amended in a way that would make it incorrect. A trustee conveying real property records a memorandum of trust (R.C. 5301.255). | — | R.C. 5810.13 ↗ |
| You are a testamentary trustee under the probate court's supervision | At least once in each two years; a final account within 30 days after completing the administration; at any other time the court orders for good cause. | Render to the probate court an account itemizing the receipts, disbursements and distributions of the period, verified by vouchers, and the funds, assets and investments at its end, principal and income separately identified, exhibiting the securities and bank statements. A fiduciary whose account is thirty days late after the court's notice may be removed and denied compensation (R.C. 2109.24); R.C. 5808.13's notices and reports apply to a testamentary trust as well (R.C. 2109.69(B)). | — | R.C. 2109.303 ↗ |
| Any of the statute's periods | Exclude the first day and include the last; a last day that is a Sunday or a legal holiday moves to the next day that is neither. | The time within which an act is required by law to be done is computed by excluding the first and including the last day; when the last day falls on a Sunday or a legal holiday, the act may be done on the next succeeding day that is not. The site counts every Ohio period this way. | — | R.C. 1.14 ↗ |
| An executor or administrator is appointed | Within three months after the date of appointment, unless the court grants an extension for good cause. | The executor or administrator files with the probate court an inventory of the decedent's Ohio real property and the personal property to be administered, at values as of the date of death. | The probate court | R.C. 2115.02 ↗Related estate |
| The decedent dies | Six months after the death — whether or not an executor or administrator is appointed or the estate is released from administration during that period. | Every creditor presents its claim in a writing to the executor or administrator or the attorney of record, or to the probate court with the case number; a claim not presented within six months is forever barred as to everyone, including devisees and distributees, except the contingent claims the chapter's own sections govern. The fiduciary allows or rejects a claim within thirty days of presentation. The Ohio Trust Code has no clause making a revocable trust's property answer for the deceased settlor's creditors (R.C. 5805.06). | — | R.C. 2117.06 ↗Related estate |
| The decedent, or the decedent's spouse, received Medicaid and letters are granted or a release from administration is applied for | The notice form within 30 days after the letters or the application; the program's claim within the later of 90 days after receiving the form or one year after the death. | The person responsible for the estate submits the Medicaid estate recovery notice form to the program's administrator and marks the probate form showing compliance; the administrator presents the program's claim within its own period. The program recovers from an estate that includes property passing by survivorship, life estate or living trust (R.C. 5162.21(A)(1)). | The administrator of the Medicaid estate recovery program | R.C. 2117.061 ↗Related estate |
| An executor or administrator is first appointed and the decedent left a surviving spouse | Not later than five months from the date of the initial appointment; extendable on a motion filed before then for good cause; conclusively presumed to be under the will where no action is taken. | The probate court cites the surviving spouse to elect whether to take under the will or under R.C. 2105.06; electing against the will, the spouse takes not more than one-half of the net estate, or one-third where two or more children or their descendants survive, and is treated as having predeceased for the testator's inter vivos trust unless the instrument provides otherwise. The $40,000 allowance for support (R.C. 2106.13) and dower (R.C. 2103.02) are the spouse's other protections. | — | R.C. 2106.01 ↗Related estate |
| An executor or administrator is appointed | A final and distributive account within six months after appointment unless one of the listed circumstances applies; otherwise an account not later than thirteen months after appointment and at least once a year thereafter; a final account within 30 days after completing the administration. | The executor or administrator renders accounts to the probate court itemizing receipts, disbursements and distributions and the assets at the period's end; partial accounts may be waived by all the legatees, devisees or heirs where none is under a disability, and a certificate of termination may replace the final account where the sole heir is the fiduciary. | The probate court | R.C. 2109.301 ↗Related estate |
| A will is admitted to probate and the certificate of notice is filed | Three months after the filing of the certificate of notice of the admission the probate code requires; for a person under a legal disability, three months after the disability is removed. | An action to contest the validity of the will is commenced within the period; the rights saved for a person under a disability do not affect a good-faith purchaser or a fiduciary who acted in good faith. | — | R.C. 2107.76 ↗Related estate |
| The trust's tax year ends | On or before the fifteenth day of April of each year, for a calendar-year trust. | The fiduciary files the trust's Ohio fiduciary income tax return where the trust has Ohio income or is otherwise liable for the tax, on the forms the tax commissioner prescribes, with remittance of the tax shown due (R.C. 5747.08(C), (G)). Ohio levies no estate tax on a death on or after January 1, 2013 (R.C. 5731.02). | — | Ohio IT 1041 ↗ |
| The settlor dies with a gross estate above the federal exclusion | Nine months after the death (a six-month extension is available). | File the federal estate tax return where the gross estate plus adjusted taxable gifts exceeds the exclusion, or to elect portability of a deceased spouse's unused exclusion. Ohio levies no estate tax of its own for a death on or after January 1, 2013. | — | IRS Form 706 ↗Federal |
| The trust's tax year ends | The 15th day of the fourth month after year-end (April 15 for a calendar-year trust). | File the trust's income tax return and issue a Schedule K-1 to each beneficiary who received distributable income. | — | IRS Form 1041 ↗Federal |
Frequently asked questions
- What are an Ohio trustee's main duties?
- Generally, an Ohio trustee administers the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries (R.C. 5808.01); solely in the interests of the beneficiaries (R.C. 5808.02); impartially where there are two or more beneficiaries (R.C. 5808.03); as a prudent person would, with reasonable care, skill and caution (R.C. 5808.04); keeping the current beneficiaries reasonably informed and reporting at least annually (R.C. 5808.13); taking control of and protecting the trust property and keeping adequate records (R.C. 5808.09, 5808.10); and investing under the Ohio Uniform Prudent Investor Act (R.C. 5809.02). The trust's own terms may vary the default rules within the limits of R.C. 5801.04.
- Does an Ohio trustee have to notify the beneficiaries?
- Ohio's statute provides two notices to the current beneficiaries: within 60 days after accepting a trusteeship, notice of the acceptance and of the trustee's name, address and telephone number; and within 60 days after the trustee acquires knowledge that the trust has become irrevocable, notice of the trust's existence, the settlor's identity, the right to request a copy of the instrument and the right to a trustee's report (R.C. 5808.13(B)(2), (3)). Both apply to acceptances and irrevocability on or after January 1, 2007, and while the settlor of a revocable trust lives the duties run to the settlor alone (R.C. 5808.13(F), (G)).
- When should an Ohio trustee involve an attorney?
- No statute requires one for a trust administration, and a trustee may employ agents and be reimbursed for expenses properly incurred (R.C. 5808.07, 5807.09). Many trustees consult a licensed Ohio attorney of their choosing when the instrument is unclear, a beneficiary disputes a decision, a creditor presents a claim, a distribution is contested within the two-year period (R.C. 5806.04), or the optional forty-five-day closing process is considered (R.C. 5801.21).
General information about Ohio law, not legal advice.