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Aplication To Sell Personal Property Form. This is a Ohio form and can be use in Probate Statewide.
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Tags: Aplication To Sell Personal Property, 9.0, Ohio Statewide, Probate
PROBATE COURT OF
COUNTY, OHIO
ESTATE OF
, DECEASED
CASE NO.
APPLICATION TO SELL PERSONAL PROPERTY
[R.C. 2113.40, 2113.41, 2113.43, and 2113.43]
The fiduciary asks the Court to authorize the sale of the personal property of the decedent listed on the within
schedule, at a public or private sale, for a fixed price or for the best price obtainable, and for cash or on terms
as the Court may determine.
The fiduciary states that the sale will be in the best interests of the estate, that none of the property listed is
subject to a demand for distribution in kind made by the surviving spouse or other beneficiary entitled to such
distribution, and that none of the property listed is subject to a wish expressed by the decedent in the Will
that it not be sold. Further, none of the property listed is specifically bequeathed; or if some or all of the
property is specifically bequeathed, as noted on the schedule, either its sale is necessary to pay debts, or the
persons entitled to it consented to the sale.
The fiduciary further states that: [Check the applicable boxes]
The sale is before the expiration of the time within which the surviving spouse may elect to take at the
appraised value and
the surviving spouse consents to such sale or waives notice thereof
the surviving
spouse does not consent to such sale,
the property is not perishable and the surviving spouse is entitled
to notice of the sale as provided by law.
The fiduciary further states that: [Include any special allegations or information]
The fiduciary further states that for a public sale, notice will be given by advertisement appearing at least
three times in a newspaper of general circulation in the county during a period of fifteen days next preceding
such sale and/or by advertisement posted not less that fifteen days next preceding such sale in at least five
public places in the township or municipal corporation where such sale is to take place.
Fiduciary
CONSENT TO SALE AND WAIVER OF NOTICE
The undersigned, being the decedent's surviving spouse or other interested persons, hereby waive notice and
consent to the sale as described herein.
Surviving Spouse
FORM 9.0 - APPLICATION TO SELL PERSONAL PROPERTY
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CASE NO.
SCHEDULE OF PERSONAL PROPERTY FOR SALE
Item
Sale Method
Public/Private
Price
Fixed/Best
Payment
Cash/Terms
ENTRY AUTHORIZING SALE OF PERSONAL PROPERTY
The Court finds that the sale of the personal property of the decedent as set forth herein is not prohibited by
law and will be in the best interests of the estate.
It is hereby ordered: [check the applicable boxes]
That the fiduciary is authorized to sell the personal property in accordance with the terms and conditions
as set forth in the application.
That the fiduciary is authorized to sell the personal property in accordance with the terms and conditions
as set forth in the application, except as follows:
[Check if applicable] The time has not expired within which the surviving spouse may elect to purchase
personal property at its appraised value; the surviving spouse has not consented to the sale, and the property
is not perishable. It is therefore further ordered that the fiduciary give at least ten days notice of the sale to
the surviving spouse, as provided by law.
Date
Judge
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