2117.41 Payment of contingent claims after settlement of estate.
2117.41 Payment of contingent claims after settlement of estate.
A claimant whose cause of action accrues as provided in section 2117.37 of the Revised Code may bring suit to recover thereon against the heirs, next of kin, surviving spouse as next of kin, devisees, and legatees under the decedent’s will, each of whom shall be liable to the claimant in an amount not exceeding the value of the real and personal estate that he received under the will or on distribution of the estate. If, by the will of the deceased, any part of the estate or any one or more of the devisees and legatees is made exclusively liable for the debt, in exoneration of the residue of the estate or of the other devisees or legatees, the terms of the will shall be complied with in that respect and the persons and estate so exempt by the will shall be liable for only so much of the debt as cannot be recovered from those first chargeable therewith.
No such suit shall be maintained unless commenced within six months next after the time when the cause of action first accrues, except in case the suit is for the balance due after a payment by the executor or administrator, in which case suit shall be brought within two months after the final payment by the executor or administrator. If the person entitled to bring such suit is under legal disability, he may bring such action within one year after his disability is removed.
If any of such heirs, next of kin, surviving spouse as next of kin, devisees, or legatees, dies without having paid his just proportion of such debt, his executors or administrators shall be liable therefor to the extent he would have been if living.
Effective Date: 10-01-1953