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Assets Concealment

The Revised Code provides a special statutory procedure (O.R.C. Sec. 2109.50 to 2109.56) summary in nature, to discover concealed or embezzled assets of an estate, not limited to a decedent’s estate, but applying to all estates within the jurisdiction of the Probate Court. The specific statutory requirements must be followed to obtain a judgment under O.R.C. 2109.52 relating to concealed or embezzled assets of an estate.

The proceeding is initiated by filing a complaint with the Probate Court having jurisdiction over the administration of the estate. “Complaint” is used in the sense of an application for the issuance of a citation and not in the sense of a Civil Rule pleading. The complaint may be filed by any person interested in the estate, which would include the fiduciary, devisee, legatee, heir, or creditor. The Probate Court may also initiate the proceeding on its own motion. The complaint may be filed against any person suspected of concealing, embezzling, conveying away, or being or having been in possession of any moneys, chattels, or choses in action belonging to the estate. The complaint may be filed against a financial institution that conveys estate property to an unauthorized individual without the consent of the customer or the customer’s estate. A complaint may be made against the fiduciary by one interested in the estate.