Ohio Revised Code Chapter 2101 - Probate Court - Jurisdiction; Procedure

• Section 2101.01 - Probate Division - Location - Equipment - Employees.
  (A) A probate division of the court of common pleas shall be held at the county seat in each county in an office furnished...
• Section 2101.02 - Judge Of Probate Division - Election - Term.
  Every six years, in each county having a separate judge of the probate division of the court of common pleas, one probate judge shall...
• Section 2101.021 - One Additional Probate Judge For Cuyahoga County.
  There shall be one additional probate judge for the probate court of Cuyahoga County. The additional judge shall be elected at the general election...
• Section 2101.022 - Jurisdiction Of Marion County Probate Judge - Clerk Of Probate Division.
  (A) Except as provided in division (B) of this section and notwithstanding any provision of this chapter or of any other provision of the...
• Section 2101.023 - Adding Judge To Erie County Court Of Common Pleas.
  The judge of the court of common pleas of Erie county who is elected in 2008, and successors, is the successor to the judge...
• Section 2101.024 - Create Domestic Relations-juvenile-probate Division Of The Logan County Court Of Common Pleas.
  Effective January 2, 2005, the probate judge of the court of common pleas of Logan county shall have all the powers relating to the...
• Section 2101.025 - Jurisdiction Of Champaign County Probate Judge.
  Effective February 9, 2009, the probate judge of the court of common pleas of Champaign county shall have all the powers relating to the...
• Section 2101.026 - Franklin County Probate Court Mental Health Fund.
  (A) The probate court of Franklin county may accept funds or other program assistance from individuals, corporations, agencies, or organizations, including, but not limited...
• Section 2101.03 - Bond Of Probate Judge.
  Before entering upon the discharge of official duties, the probate judge shall give a bond to the state in a sum not less than...
• Section 2101.04 - Rules Of Practice Submitted To Supreme Court.
  The judge or judges of the probate court shall make rules regulating the practice and conducting the business of the court, and the judge...
• Section 2101.05 - Oaths And Depositions.
  A probate judge may administer oaths, take acknowledgment of instruments in writing required to be acknowledged, and take depositions. Depositions taken according to sections...
• Section 2101.06 - Master Commissioners - Appointment And Bond - Duties.
  The probate judge, upon the motion of a party or the judge's own motion, may appoint a special master commissioner in any matter pending...
• Section 2101.07 - Master Commissioners - Powers - Fees.
  A special master commissioner of the probate court may administer all oaths required in the discharge of the commissioner's duties, may summon and enforce...
• Section 2101.08 - Appointment Of Court Reporters.
  The probate judge may appoint court reporters and fix their compensation in the manner provided for the court of common pleas in sections 2301.18...
• Section 2101.09 - Liability Of Sheriffs, Coroners, And Constables For Failure To Serve And Return Process.
  When required by the probate judge, sheriffs, coroners, and constables shall attend the judge's court and shall serve and return process directed and delivered...
• Section 2101.10 - Liability Of Sheriffs, Coroners, And Constables For Failure To Pay Over Moneys.
  No sheriff, coroner, or constable shall refuse to pay moneys collected by that officer to the probate judge or other person, when so directed...
• Section 2101.11 - Court Records - Investigators - Bond.
  (A) (1) The probate judge shall have the care and custody of the files, papers, books, and records belonging to the probate court. The...
• Section 2101.12 - Records To Be Kept - Indexes.
  The following records shall be kept by the probate court: (A) An administration docket, showing the grant of letters of administration or letters testamentary,...
• Section 2101.121 - Record-keeping Methods.
  (A) A probate court may keep and maintain records that are required by section 2101.12 or another section of the Revised Code by record-keeping...
• Section 2101.13 - Probate Judge Shall Make Entries Omitted By His Predecessor.
  When a probate judge, whether elected or appointed, enters upon the discharge of the judge's official duties, the judge shall make, in the books...
• Section 2101.14 - Care And Preservation Of Papers - Time Stamp.
  All pleadings, accounts, vouchers, and other papers in each estate, trust, assignment, guardianship, or other proceeding, ex parte or adversary, which are filed in...
• Section 2101.141 - Record Disposal.
  The vouchers, proof, or other evidence filed in support of the expenditures or distribution stated in an account, which has been filed in the...
• Section 2101.15 - Probate Judge To File Itemized Account Of Fees With County Auditor.
  In each case, examination, or proceeding, the probate judge shall file an itemized account of fees received or charged by the judge. On the...
• Section 2101.16 - Fees.
  (A) Except as provided in section 2101.164 of the Revised Code, the fees enumerated in this division shall be charged and collected, if possible,...
• Section 2101.161 - Deposit Of Prepaid And Unearned Costs.
  The probate court may order that prepaid and unearned costs be deposited with a bank, savings bank, savings and loan association, credit union, or...
• Section 2101.162 - Computerizing Court Of Paying Cost Of Computerized Legal Research.
  (A) (1) The probate judge may determine that, for the efficient operation of the probate court, additional funds are required to computerize the court,...
• Section 2101.163 - Dispute Resolution Procedures In Probate Court.
  (A) A probate judge may establish by rule procedures for the resolution of disputes between parties to any civil action or proceeding that is...
• Section 2101.164 - Fees Waived For Combat Zone Military Casualties.
  (A) As used in this section, "combat zone" means an area that the president of the United States by executive order designates for purposes...
• Section 2101.165 - Cancellation Of Uncollectible Debts.
  If at any time the court finds that an amount owing to the court is due and uncollectible, in whole or in part, the...
• Section 2101.17 - Fees From County Treasury.
  The fees enumerated in this section shall be paid to the probate court from the county treasury upon the warrant of the county auditor...
• Section 2101.18 - Fees For Other Services.
  For services for which compensation is not provided but subject to section 2101.27 of the Revised Code insofar as the probate judge solemnizes marriages,...
• Section 2101.19 - Limitation Of Charges By Probate Judge - Probate Court Conduct Of Business Fund.
  (A) No probate judge or probate judge's deputy clerk shall sell or offer for sale for more than one dollar any merchandise to be...
• Section 2101.20 - Reduction Of Fees.
  When the aggregate amount of fees and allowances collected by the probate judge in any calendar year exceeds by more than ten per cent...
• Section 2101.21 - Fiduciary - Payment Of Costs In Advance.
  Before appointing any person as a fiduciary, the probate court may require payment of the costs incident to such appointment. Effective Date: 10-01-1953
• Section 2101.22 - Process.
  The probate judge shall issue any process, notices, commissions, rules, and orders that are necessary to carry into effect the powers granted to the...
• Section 2101.23 - Contempt.
  The probate judge may keep order in the judge's court and has authority throughout the state to compel performance of any duty incumbent upon...
• Section 2101.24 - Jurisdiction Of Probate Court.
  (A) (1) Except as otherwise provided by law, the probate court has exclusive jurisdiction: (a) To take the proof of wills and to admit...
• Section 2101.25 - Optional Jurisdiction Of Probate Judge.
  When any action for the appropriation of property or any appeal in a road case, in a sewer district case, or in any county...
• Section 2101.26 - Referring Information As To Abuse, Exploitation Or Theft To Law Enforcement Agency.
  If the probate judge receives information of the alleged abuse or financial exploitation of a person of advanced age or of an incompetent or...
• Section 2101.27 - Probate Judge Has Authority To Solemnize Marriage Within County.
  (A) A probate judge has jurisdiction and authority to solemnize marriages within the county and may charge a fee for providing the service in...
• Section 2101.28, 2101.29 - [Repealed].
  Effective Date: 01-01-1976
• Section 2101.30 - Jury - Drawing.
  Whenever a jury is required in the probate court, the probate judge shall notify the commissioners of jurors, who shall cause to be drawn...
• Section 2101.31 - Determination Of Questions Of Fact.
  All questions of fact shall be determined by the probate judge, unless the judge orders those questions of fact to be tried before a...
• Section 2101.32 - Rules And Procedure Of Court Of Common Pleas To Govern - Power To Award And Tax Costs.
  The probate judge shall have the powers and perform the duties provided for, and shall be governed by the sections of the Revised Code...
• Section 2101.33 - Vacation And Modification Of Judgments.
  The probate court has the same power as the court of common pleas to vacate or modify its orders or judgments. Effective Date: 08-06-1976
• Section 2101.34 - Judgments By Confession.
  If the judges of the court of common pleas are absent from the county or are under a disability, the probate judge of the...
• Section 2101.35 - Execution.
  Orders for the payment of money may be enforced as judgments in the court of common pleas. Such execution shall be directed to the...
• Section 2101.36 - [Repealed].
  Repealed by 129th General AssemblyFile No.52, SB 124, §2, eff. 1/13/2012. Effective Date: 10-01-1953
• Section 2101.37 - Judge Of Court Of Common Pleas To Act As Probate Judge - Compensation.
  When the probate judge of any county is absent, or is unable to attend court, or the volume of work in the judge's office...
• Section 2101.38 - Administration When The Probate Judge Is Interested.
  Letters testamentary, of administration, or of guardianship shall not be issued to a person after the person's election to the office of probate judge...
• Section 2101.39 - Affidavit Of Disqualification.
  If a probate judge allegedly has a bias or prejudice for or against a party or a party's counsel in a proceeding pending before...
• Section 2101.40 - Dealing In Assets Of Estate.
  A probate judge shall not in any way deal in property or securities involved in probate court cases. This section applies to all appointees...
• Section 2101.41 - Prohibition.
  No probate judge shall practice law, be associated with another as partner in the practice of law in a court or tribunal of this...
• Section 2101.42 - Cases Appealable From Probate Court.
  From any final order, judgment, or decree of the probate court, an appeal on a question of law may be prosecuted to the court...
• Section 2101.43 - Petition For Submission Of Question Of Combining Probate Court And Court Of Common Pleas.
  Whenever ten per cent of the number of electors voting for governor at the most recent election in any county having less than sixty...
• Section 2101.44 - Conduct Of Election - Form Of Ballot - Returns And Canvass.
  The election upon the question of combining the probate court and the court of common pleas shall be conducted as provided for the election...
• Section 2101.45 - Probate Division Established - Appeals.
  When the probate court and the court of common pleas have been combined as provided in sections 2101.43 and 2101.44 of the Revised Code,...
• Section 2101.46 - Re-establishment Of The Probate Court.
  After three years from the date of an election held under sections 2101.43 to 2101.45, inclusive, of the Revised Code, another election may be...
• Section 2101.99 - Penalty.
  (A) Whoever violates section 2101.09 of the Revised Code shall be fined not more than one hundred dollars. (B) Whoever violates section 2101.15 of...

Last modified: October 10, 2016