Ohio Probate Court Information

When considering the Ohio court system, it's important to know that there is no Ohio probate court in the state. There is however a separate probate division in the Common Pleas Court of Ohio. Often, particularly in the case of probate matters, the Common Pleas Court is thus referred to as the state's 'Probate Court.'

The Common Pleas Court is actually a trial court of Ohio. Other than this, there is no other trial court in the state. Apart from the division for probate matters, the court also has divisions for juvenile and domestic relations. There are 88 counties in the state and you will find a Common Pleas Court in each one of them.

The judges in these courts serve for 6 years. Before a person can become a judge, he or she must work as an attorney for a minimum of 6 years.

Common Pleas Court Divisions

The Common Pleas Court in the state are divided into the following divisions:

General Division: This has the jurisdiction to hear cases of felony and civil matters wherein the amount involved is less than $15,000. It can hear appeals that come from a few administrative agencies.

Division for Domestic Relations: This division handles all cases of separation and divorce & parental rights and child support.

Juvenile Division: When a person who is younger than 18 years commits a crime, it goes to this division. Cases of child neglect or abuse are also handled by this division.

Probate Division: All issues related to adoptions, marriage licenses, inheritance and wills are handled here.

The Probate Division of the Common Pleas Court

According to the Ohio Constitution that was passed in the year 1851, there was a separate Probate Court in the state. This court enjoyed original jurisdiction on matters of wills probate, estate administration supervision, and also issues related to guardianship. In the year 1968 however, the state constitution was amended and the Probate Court ceased to exist.

With the state constitution being amended in 1968, a separate division for probate matters was established in the Common Pleas Court. This division is responsible for settling issues that are related to the issuing of marriage licenses, proceedings of adoption, mental competency and sanity determination, and there are some domain proceedings as well.

The probate judges can also work as officiants in marriages and charge a fee for the service offered.

Some other probate issues that may come up in the division include those related to administrators and conservators and their account settlements, guardian appointments, and the issue of estate settlement of a person who is deceased. In case of an estate settlement, if the issue is contested, then the division has the jurisdiction to examine the will to decide which party will receive the property of the deceased person. The division will also oversee the process to ensure that the assets of the deceased person are actually distributed as per the direction of the division.

A listing of the probate divisions of the Ohio Court of Common Pleas by county may be found at: http://www.supremecourt.ohio.gov/JudSystem/trialCourts/default.asp.