Bank One v. Johnson, Unpublished Decision (12-19-2003)

OPINION

{¶ 1} This is an appeal and cross-appeal from an order of the general division of the court of common pleas dismissing an action commenced by a creditor against a decedent's executor on a claim against the decedent's estate.

{¶ 2} Bob R. Johnson died on August 14, 2002. Robert S. Johnson was appointed executor of his estate by order of the Greene County Probate Court.

{¶ 3} R.C. 2117.06 requires creditors who have claims against a decedent's estate to present the claim to the executor for payment within one year after the decedent's death. The section further provides that any claim not…