In re Curc, 2019 Ohio 416

Decedent Joseph Curc, Jr. died June 25, 1987; his nephew Raymond J. Curc was appointed executor in July 2017.
Raymond filed a Fiduciary's Claim in November 2017 seeking reimbursement for funeral expenses and utility/real-estate taxes/maintenance paid on the decedent’s one-half interest in property (claims arising after the decedent’s death).
Probate magistrate and probate court denied the claim as untimely under R.C. 2117.06 (six‑month creditor‑claim bar from date of death).
Raymond argued his claim is governed by R.C. 2117.02 (three months from appointment for executors/administrators) and was filed within that period (54 days after appointment).
Majority reversed: held R.C. 2117.02 governs executor claims and therefore Raymond’s filing was timely; remanded for allowance hearing.
Dissent would have affirmed, reasoning R.C. 2117.06’s six‑month bar applied to creditor claims and that executor status cannot revive claims forever barred; also questioned whether some charges were debts of another estate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an executor’s claim is governed by R.C. 2117.02 (3 months from appointment) or R.C. 2117.06 (6 months from death)	Curc: As appointed executor, his claim is governed by R.C. 2117.02 and was filed within three months	Probate court: R.C. 2117.06 bars all claims not presented within six months after death, so claim is forever barred	Court (majority): R.C. 2117.02 governs executor/administrator claims; Curc’s claim was timely; reversed and remanded

Portage Cty. Bd. of Dev. Disabilities v. Portage Cty. Educators' Ass'n for Dev. Disabilities, 103 N.E.3d 804 (Ohio 2018) (standard of review for questions of law)
Wilhoit v. Estate of Powell, 434 N.E.2d 742 (Ohio Ct. App.) (recognizing executor claims are processed differently than ordinary creditors)
Hinkle v. Sage, 65 N.E. 999 (Ohio 1902) (family services require express contract to recover compensation)