reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.121 | Record-Keeping Methods.

Effective:
March 13, 1986
Latest Legislation:
House Bill 419 - 116th General Assembly
(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 methods other than bound volumes of paper pages. These record-keeping methods include, but are not limited to, photography, microphotography, photostatic process, electrostatic process, facsimile reproduction, perforated tape, magnetic tape or other electromagnetic methods, electronic data processing, machine-readable media, and graphic or video display.
(B) If a probate court keeps records by record-keeping methods other than bound volumes of paper pages, it shall possess, and make readily available to the public, machines or equipment necessary for an examination of the records. The machines or equipment shall present the records in a format that is readable without difficulty.
(C) If a probate court keeps records by record-keeping methods other than bound volumes of paper pages, it shall keep and maintain indices to the records that permit the records to be retrieved readily.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.13 | Probate Judge Shall Make Entries Omitted by His Predecessor.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 and other record-keeping materials of the judge's office, the proper records, entries, and indexes omitted by the judge's predecessors in office. When made, the entries shall have the same validity and effect as though they had been made at the proper time and by the officer whose duty it was to make them, and the judge shall sign all entries and records made by the judge as though the entries, proceedings, and records had been commenced, prosecuted, determined, and made by or before the judge.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.14 | Care and Preservation of Papers - Time Stamp.

Effective:
March 13, 1986
Latest Legislation:
House Bill 419 - 116th General Assembly
All pleadings, accounts, vouchers, and other papers in each estate, trust, assignment, guardianship, or other proceeding, ex parte or adversary, which are filed in the probate court shall be kept together, and upon the final termination or settlement of the case, cause, or proceeding shall be preserved for future reference and examination. The papers shall be properly jacketed, and otherwise tied, fastened, or held together, numbered, lettered, or otherwise marked in such manner that they may be readily found by reference to proper memoranda upon the docket, record, or index entries thereof, which memoranda shall be made by the probate judge, or the papers may be kept, maintained, and indexed as described in section 2101.121 of the Revised Code. Certificates of marriage, reports of births and deaths, and similar papers not part of a case or proceeding, shall be arranged and preserved separately in the order of their dates or in which they were filed. As used in this section "case" or "cause" includes all proceedings in the settlement of any estate, guardianship, or assignment, except as provided in section 2101.141 of the Revised Code.
The probate court shall provide a time stamp and shall stamp on all papers filed in that court the day, month, and year of the filing.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.141 | Record Disposal.

Effective:
September 26, 1990
Latest Legislation:
House Bill 580 - 118th General Assembly
The vouchers, proof, or other evidence filed in support of the expenditures or distribution stated in an account, which has been filed in the probate court, may be ordered destroyed or otherwise disposed of five years after the account with which it was filed has been approved or settled and recorded and after there has been a compliance with section 149.38 of the Revised Code.
When the vouchers, proof, or other evidence filed in support of expenditures or distribution stated in an account are microfilmed, they may be ordered destroyed immediately after such record is made and, if required by law, after the approval and settlement of the account.
The inventories, schedules of debts, accounts, pleadings, wills, trusts, bonds, and other papers, excluding vouchers or other evidence of expenditures and distributions, filed in the probate courts by fiduciaries appointed by the probate courts, and all pleadings filed and court entries for the determination of inheritance tax under former sections 5731.01 to 5731.56 of the Revised Code, and estate tax under sections 5731.01 to 5731.51 of the Revised Code, and all documents filed or received and entries made by the court in conjunction with the instruments referred to in this section, after having been recorded, if required by law to be recorded, may be ordered microfilmed and destroyed after being microfilmed. All instruments referred to in this paragraph that are not microfilmed may be ordered destroyed or otherwise disposed of without microfilming after a period of twenty-one years has elapsed from the closing or termination of the administration of the estate, trust, or other fiduciary relationship and after there has been a compliance with section 149.38 of the Revised Code.
Nothing in this section shall apply to records pertaining to estates on which inheritance tax temporary orders are pending.
Prior to the order of the court directing the destruction or disposition of the vouchers, proof, or other evidence of expenditures or distribution, any party in interest, upon application filed, may have the vouchers, proof, or other evidence of expenditures or distribution recorded, upon payment of the costs incident to doing so.
An estate, trust, or other fiduciary relationship shall be deemed to be closed or terminated when a final accounting has been filed, and if required by law at the time of filing, the account has been approved and settled.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.15 | Probate Judge to File Itemized Account of Fees With County Auditor.

Effective:
August 17, 2021
Latest Legislation:
House Bill 7 - 134th General Assembly
In each case, examination, or proceeding, the probate judge shall file an itemized account of fees received or charged by the judge. Not later than the fifteenth day of January, in each year, the judge shall file with the county auditor an account, certified by the judge, of all fees received by the judge during the preceding year. No judge shall fail to perform the duties imposed in this section. At the instance of any person, the prosecuting attorney shall institute and prosecute an action against the defaulting judge.
Last updated May 20, 2021 at 2:06 PM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.161 | Deposit of Prepaid and Unearned Costs.

Effective:
April 14, 2006
Latest Legislation:
House Bill 81 - 126th General Assembly
The probate court may order that prepaid and unearned costs be deposited with a bank, savings bank, savings and loan association, credit union, or trust company incorporated under the laws of this state or of the United States. The order shall be entered on the journal of the court and may specify that deposited costs are to be held in an account, or invested in an investment, supervised by the bank, savings bank, association, credit union, or company. Interest earned on deposited costs shall be paid into the county treasury by the end of the calendar year in which it is received.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.163 | Dispute Resolution Procedures in Probate Court.

Effective:
April 8, 2004
Latest Legislation:
House Bill 51 - 125th General Assembly
(A) A probate judge may establish by rule procedures for the resolution of disputes between parties to any civil action or proceeding that is within the jurisdiction of the probate court. Any procedures so adopted shall include, but are not limited to, mediation. If the probate judge establishes any procedures under this division, the probate judge may charge, in addition to the fees and costs authorized under section 2101.16 of the Revised Code, a reasonable fee, not to exceed fifteen dollars, that is to be collected on the filing of each action or proceeding and that is to be used to implement the procedures.
(B) The probate court shall pay to the county treasurer of the county in which the court is located all fees collected under division (A) of this section. The treasurer shall place the funds from the fees in a separate fund to be disbursed upon an order of the probate judge.
(C) If the probate judge determines that the amount of the moneys in the fund described in division (B) of this section is more than the amount that is sufficient to satisfy the purpose for which the additional fee described in division (A) of this section was imposed, the probate judge may declare a surplus in the fund and expend the surplus moneys for other appropriate judicial expenses of the probate court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.164 | Fees Waived for Combat Zone Military Casualties.

Effective:
March 24, 2008
Latest Legislation:
House Bill 372 - 127th General Assembly
(A) As used in this section, "combat zone" means an area that the president of the United States by executive order designates for purposes of 26 U.S.C. 112 as an area in which armed forces of the United States or the national guard are engaging or have engaged in combat.
(B) A probate judge shall not charge, or collect from, the estate of a decedent who died while in active service as a member of the armed forces of the United States or the national guard any of the following fees if the death occurred while the decedent was serving in a combat zone or as a result of wounds, disease, or injury incurred while serving in a combat zone:
(1) Any fee for or associated with the filing of the decedent's will for probate;
(2) Any fee for any service rendered by the probate court that is associated with the administration of the decedent's estate;
(3) Any fee for relieving the decedent's estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code.
(C) In determining whether a decedent died in a place or manner that exempts the estate of the decedent from fees under division (B) of this section, a probate judge may consider a casualty report issued pursuant to Army Regulation 600-8-1 or the regulations of any of the armed services of the United States or the national guard, the list of combat zones set forth in Publication 3, "The Armed Forces' Tax Guide," of the Internal Revenue Service, or any other form of documentation satisfactory to the probate judge.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.165 | Cancellation of Uncollectible Debts.

Effective:
March 22, 2013
Latest Legislation:
House Bill 247 - 129th General Assembly
If at any time the court finds that an amount owing to the court is due and uncollectible, in whole or in part, the court may direct the clerk of the court to cancel all or part of the claim. The clerk shall then effect the cancellation.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.17 | Fees From County Treasury.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
The fees enumerated in this section shall be paid to the probate court from the county treasury upon the warrant of the county auditor which shall issue upon the certificate of the probate judge and shall be in full for all services rendered in the respective proceedings as follows:
(A)
For each hearing to determine if a person is an individualwith a mental illnesssubject to hospitalization when the person is committed to a state hospital or to relatives
_____________________________________________
$ 12.00;
(B)
When the person is discharged
_____________________________________________
7.00;
(C)
For order of return of a personwith a mental illnessto a state hospital or removal therefrom
_____________________________________________
2.00;
(D)
For proceedings for committing a person to an institution for persons with intellectual disabilities
_____________________________________________
10.00;
(E)
For habeas corpus proceedings when a person is confined under color of proceedings in a criminal case and is discharged
____________________________________________
10.00;
(F)
When acting as a juvenile judge, for each case filed against a delinquent, dependent, unruly, or neglected child, or a juvenile traffic offender
_____________________________________________
5.00;
(G)
For proceedings to take a child from parents or other persons having control thereof
_____________________________________________
5.00.
Last updated March 10, 2023 at 11:10 AM
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.18 | Fees for Other Services.

Effective:
April 11, 1991
Latest Legislation:
House Bill 211 - 118th General Assembly
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, the probate judge shall be allowed the same fees as are allowed the clerk of the court of common pleas for similar services.
The probate judge shall administer oaths and make certificates in pension and bounty cases without compensation.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.19 | Limitation of Charges by Probate Judge - Probate Court Conduct of Business Fund.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(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 used in connection with any license, order, or document issued by the probate court, or make any charge in connection with the issuance of any license, order, or document except that specifically provided by law.
(B) All moneys obtained from the sale of merchandise to be used in connection with any license, order, or document issued by a probate court shall be paid by the probate judge or the deputy clerk of the court into the county treasury. The moneys shall be credited to a fund to be known as the probate court conduct of business fund. The moneys so credited shall be used solely for the conduct of the business of the probate court.
(C) Upon receipt of an order of the probate judge for the payment of moneys from the fund for the conduct of the business of the court, the county auditor shall draw a warrant on the county treasurer for the amount of money specified in the order, but not exceeding the balance of the moneys in the fund, which warrant shall be made payable to the probate judge or another person designated in the order.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.20 | Reduction of Fees.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
When the aggregate amount of fees and allowances collected by the probate judge in any calendar year exceeds by more than ten per cent the amount necessary to pay the salaries of the judge and the employees of the probate court, including court constables, for the same calendar year, the judge may, by an order entered on the judge's journal, provide for a discount of all the fees and allowances the judge is required to charge and collect for the use of the county by fixing a per cent of discount that shall be applied to all the earnings of the office for the ensuing year and shall constitute the legal fees of the office for that year.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.21 | Fiduciary - Payment of Costs in Advance.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Before appointing any person as a fiduciary, the probate court may require payment of the costs incident to such appointment.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.22 | Process.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
The probate judge shall issue any process, notices, commissions, rules, and orders that are necessary to carry into effect the powers granted to the judge.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.23 | Contempt.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 any fiduciary appointed by or accounting to the judge. The probate judge may punish any contempt of the judge's authority as that contempt might be punished in the court of common pleas.
If a person neglects or refuses to perform an order or judgment of a probate court, other than for the payment of money, the person is guilty of contempt of court, and the judge shall issue a summons directing the person to appear before the court within two days from the service of the summons and show cause why the person should not be punished for contempt. If it appears to the judge that the person is attempting to avoid the process of the court or is about to leave the county for that purpose, the judge may issue an attachment instead of the summons, commanding the officer to whom it is directed, to bring the person before the judge to answer for contempt. If no sufficient excuse is shown, the person shall be punished for contempt.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.25 | Optional Jurisdiction of Probate Judge.

Effective:
September 4, 1957
Latest Legislation:
Senate Bill 35 - 102nd General Assembly
When any action for the appropriation of property or any appeal in a road case, in a sewer district case, or in any county water supply system case is filed in the probate court, the judge may certify such cause to the court of common pleas of the county, together with all the papers filed therein, whereupon the clerk of the court of common pleas shall file said papers and enter said cause on the docket. Thereupon the court of common pleas shall have jurisdiction to hear, determine, and make record of said cause, as if commenced in such court. The court of common pleas, upon said case being docketed in that court, shall advance the same for trial at the earliest date permitted, on application by any party to said case.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.26 | Referring Information as to Abuse, Exploitation or Theft to Law Enforcement Agency.

Effective:
January 1, 1990
Latest Legislation:
Senate Bill 46 - 118th General Assembly
If the probate judge receives information of the alleged abuse or financial exploitation of a person of advanced age or of an incompetent or minor under guardianship, or receives information of an alleged theft from the estate of a decedent, the judge may refer the information to the appropriate law enforcement agency of the political subdivision in which the abuse, exploitation, or theft allegedly occurred, which agency shall conduct an investigation to determine whether there is probable cause to believe that a violation of any section of the Revised Code that sets forth a criminal offense, or of any ordinance, resolution, or regulation of a municipal corporation or other political subdivision of the state that sets forth a criminal offense, has occurred. Upon completion of the investigation, the law enforcement agency involved shall file with the judge a report that summarizes its findings and indicates whether an indictment will be sought or charges will be filed as a result of the investigation.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.27 | Probate Judge Has Authority to Solemnize Marriage Within County.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
(A) A probate judge has jurisdiction and authority to solemnize marriages within the county and may charge a fee for providing the service in accordance with division (B) of this section. The fee charged is subject to disposition in accordance with division (C) of this section.
(B)(1) If a probate judge intends to charge a fee for solemnizing any marriage in accordance with division (A) of this section, prior to doing so, the probate judge, by rule, shall establish a reasonable fee for providing the service.
(2) Division (B)(1) of this section does not do either of the following:
(a) Require a probate judge who, by rule, has established a reasonable fee for solemnizing marriages to charge that fee for every marriage that the probate judge solemnizes;
(b) Affect specific fees to which the probate judge is entitled under section 2101.16 or any other section of the Revised Code for issuing marriage licenses, recording returns of solemnized marriages, providing certified abstracts of marriages, or performing any other task related to a marriage other than its solemnization.
(C) If, in accordance with division (B) of this section, a reasonable fee is charged by a probate judge for solemnizing any marriage, the probate judge shall not retain any portion of that fee and instead shall pay the entire fee into the county treasury. The county treasurer shall credit the fee to the general fund of the county.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.30 | Jury - Drawing.

Effective:
May 22, 2012
Latest Legislation:
House Bill 268 - 129th General Assembly
Whenever a jury is required in the probate court, the probate judge shall notify the commissioners of jurors, who shall cause to be drawn from the annual jury list the names of sixteen jurors. Additional names may be drawn if required. The clerk of the court of common pleas or one of the clerk's deputies shall make a list of those names in the order drawn and certify the list to the probate court, and the court shall issue a summons commanding the persons whose names were drawn to appear on the day and at the hour set for trial. The probate court shall deliver the summons to the sheriff, who shall serve it within five days of delivery and make prompt return of the service.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.31 | Determination of Questions of Fact.

Effective:
July 6, 2001
Latest Legislation:
Senate Bill 108 - 124th General Assembly
All questions of fact shall be determined by the probate judge, unless the judge orders those questions of fact to be tried before a jury or refers those questions of fact to a special master commissioner as provided in sections 2101.06 and 2101.07 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.32 | Rules and Procedure of Court of Common Pleas to Govern - Power to Award and Tax Costs.

Effective:
January 1, 1990
Latest Legislation:
Senate Bill 46 - 118th General Assembly
The probate judge shall have the powers and perform the duties provided for, and shall be governed by the sections of the Revised Code and rules that apply to, the courts of common pleas and the judges of those courts. The Rules of Civil Procedure shall govern actions and proceedings in the probate court as provided in Civil Rule 73.
In all actions or proceedings in the probate court, whether ex parte or adversary, costs may be awarded to, taxed against, and apportioned between the parties, whether on the same or adverse sides, including, but not limited to, costs covered by division (B) of section 2101.16 of the Revised Code.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.33 | Vacation and Modification of Judgments.

Effective:
August 6, 1976
Latest Legislation:
House Bill 390 - 111th General Assembly
The probate court has the same power as the court of common pleas to vacate or modify its orders or judgments.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.34 | Judgments by Confession.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
If the judges of the court of common pleas are absent from the county or are under a disability, the probate judge of the county may enter judgments by confession in cases pending in the court of common pleas of the judge's county.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.35 | Execution.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Orders for the payment of money may be enforced as judgments in the court of common pleas. Such execution shall be directed to the sheriff, or, in the sheriff's absence or disability, to the coroner.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.37 | Judge of Court of Common Pleas to Act as Probate Judge - Compensation.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 necessitates it, the judge may call upon a judge of the court of common pleas having jurisdiction in that county to act in the probate judge's place or in conjunction with the probate judge, or the probate judge may call upon the chief justice of the supreme court, who shall designate a judge of the court of common pleas or a probate judge to act in the place of the absent or incapacitated probate judge or in conjunction with the absent or incapacitated probate judge. If the probate judge of any county dies or resigns during the judge's term of office, a judge of the court of common pleas of that county shall act in the place of the probate judge until a successor is appointed and qualified. When a judge of the court of common pleas or a probate judge so designated resides outside the county in which the designated judge is called upon to act, the designated judge shall receive the compensation that is provided for judges of the court of common pleas designated by the chief justice to hold court outside their respective counties. The record of the cases shall be made and preserved in the proper records of the probate court by the deputy clerk of the probate court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.38 | Administration When the Probate Judge Is Interested.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
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 and before the expiration of the person's term. If a probate judge is interested as heir, legatee, devisee, or other manner in an estate that would otherwise be settled in the probate court of the county where the judge resides, the estate, and all of the accounts of guardians in which the judge is interested, shall be settled by the court of common pleas of the county. In those matters and cases in which the judge is interested, the judge shall certify the original papers to the court of common pleas. In other matters and proceedings in a probate court in which the judge of the probate court is interested or in which the judge is required to be a witness to a will, the judge shall, upon the motion of a party interested in the proceedings or upon the judge's own motion, certify the matters and proceedings to the court of common pleas and file with the clerk of the court of common pleas all original papers connected with those matters and proceedings.
When a matter or proceeding is so certified, a judge of the court of common pleas shall hear and determine the matter or proceeding in chambers or in open court as though the court had original jurisdiction of the subject matter. Upon final decision of the questions involved in the matter or proceedings, the final settlement of the estate in which the judge is interested as executor, administrator, or guardian, or when the judge's interest in the estate ceases, the clerk shall deliver the original papers to the probate court in which the original papers were filed and make and file in that court an authenticated transcript of the orders, judgments, and proceedings of the court of common pleas. The probate judge shall record the orders, judgments, and proceedings in the proper records.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.39 | Affidavit of Disqualification.

Effective:
November 20, 1996
Latest Legislation:
Senate Bill 263 - 121st General Assembly
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 the judge, allegedly otherwise is interested in a proceeding pending before the judge, or allegedly is disqualified to preside in the proceeding and if the bias, prejudice, interest, or disqualification does not permit or require certification of the proceeding to the court of common pleas as provided by section 2101.38 of the Revised Code, any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court. The affidavit of disqualification shall be filed and decided in accordance with divisions (B) to (E) of section 2701.03 of the Revised Code, and, upon the filing of the affidavit, the provisions of those divisions apply to the affidavit, the proceeding, the judge, and the parties to the proceeding.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.40 | Dealing in Assets of Estate.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A probate judge shall not in any way deal in property or securities involved in probate court cases. This section applies to all appointees of the probate court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.41 | Prohibition.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
No probate judge shall practice law, be associated with another as partner in the practice of law in a court or tribunal of this state, prepare a complaint or answer, make out an account required for the settlement of an estate committed to the care or management of another, or appear as attorney before a court or judicial tribunal. Whoever violates this section shall forfeit the office of probate judge.
The deputy clerk of a probate court may engage in the practice of law if the deputy's practice is not related in any way to probate law or practice. The deputy may engage in the practice of law only with the continued consent and approval of all of the judges of the probate court.
A magistrate appointed solely to conduct hearings under Chapters 5122. and 5123. of the Revised Code may engage in the practice of law, including probate law, except that the magistrate shall not practice law under those chapters other than as a magistrate and shall not knowingly accept any business arising out of or otherwise connected with a proceeding in which the magistrate served as a magistrate under those chapters.
The prosecuting attorney shall file the prosecuting attorney's information against a judge or deputy clerk who practices law in violation of this section in the court of common pleas, and proceed as upon indictment.
This section does not prevent a probate judge or deputy clerk from finishing business commenced by the judge or deputy clerk prior to the judge's or clerk's election or appointment, provided it is not connected with the official duties of the judge or clerk.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.42 | Cases Appealable From Probate Court.

Effective:
January 1, 1976
Latest Legislation:
Senate Bill 145 - 111th General Assembly
From any final order, judgment, or decree of the probate court, an appeal on a question of law may be prosecuted to the court of appeals in the manner and within the time provided for the prosecution of such appeals from the court of common pleas to the court of appeals. For the purpose of prosecuting appeals on questions of law from the probate court, the probate court shall exercise judicial functions inferior only to the court of appeals and the supreme court.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.43 | Petition for Submission of Question of Combining Probate Court and Court of Common Pleas.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
Whenever ten per cent of the number of electors voting for governor at the most recent election in any county having less than sixty thousand population, as determined by the most recent federal census, petition a judge of the court of common pleas of the county, not less than ninety days before any general election for county officers, for the submission to the electors of the county the question of combining the probate court with the court of common pleas, the judge shall place upon the journal of the court an order requiring the sheriff to make proclamation that at the next general election there will be submitted to the electors the question of combining the probate court with the court of common pleas. The clerk of the court of common pleas shall make and deliver a certified copy of the order to the sheriff, and the sheriff shall include notice of the submission of the question in the sheriff's proclamation of election for the next general election.
Each elector joining in a petition for the submission of the question of combining the probate court with the court of common pleas shall sign the petition in the elector's own handwriting, unless the elector cannot write and the elector's signature is made by mark, and shall include in the petition the township, precinct, or ward of which the elector is a resident. The petition may consist of as many parts as are convenient. One of the signers to each separate paper shall swear before an officer who is qualified to administer the oath that the petition is bona fide to the best of the signer's knowledge and belief. The oath shall be a part of or attached to the paper. The judge upon receipt of the petition shall deposit it with the clerk of the court of common pleas.
No signature shall be taken from or added to the petition after it has been filed with the judge. When deposited the petition shall be preserved and open to public inspection, and, if it is in conformity with this section, it shall be valid unless an objection to the petition is made in writing by an elector of the county within five days after the filing of the petition. The objections, or any other questions arising in the course of the submission of the question of combining the probate court with the court of common pleas, shall be considered and determined by the judge, and the judge's decision shall be final.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.44 | Conduct of Election - Form of Ballot - Returns and Canvass.

Effective:
February 25, 2014
Latest Legislation:
Senate Bill 109 - 130th General Assembly
The election upon the question of combining the probate court and the court of common pleas shall be conducted as provided for the election of county officers.
The board of elections shall provide separate ballots, tally sheets, blanks, stationery, and all such other supplies as may be necessary in the conduct of such election.
Ballots shall be printed with an affirmative and negative statement thereon, as follows:
The probate court and the court of common pleas shall be combined.
The probate court and the court of common pleas shall not be combined.
Returns of said election shall be made and canvassed at the same time and in the same manner as an election for county officers. The board shall certify the result of said election to the secretary of state, to the probate judge of said county, and to the judge of the court of common pleas, and such result shall be spread upon the journal of the probate court and of the court of common pleas.
If a majority of the votes cast at such an election are in favor of combining said courts, such courts shall stand combined upon determination of the fact that a majority of the persons voting upon the question of the combination of such courts voted in favor of such combination.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.45 | Probate Division Established - Appeals.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
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, there shall be established in the court of common pleas a probate division and all matters of which the probate court has jurisdiction shall be filed and separately docketed in that division. The resident judge of the court of common pleas shall appoint the necessary deputies, clerks, and assistants to have charge of and perform the work incident to the division. An appeal on questions of law may be prosecuted from that division to the court of appeals.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.46 | Re-Establishment of the Probate Court.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
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 petitioned for and shall be ordered by the judge of the court of common pleas as provided in such sections either to perfect a combination of said court or to dissolve said combination and re-establish the probate court.
Whenever in any county where such courts have been combined a decennial federal census shows that such county has a population of sixty thousand or more, and such fact is certified by the secretary of state to said court of common pleas and entered upon its journal, the probate court shall be re-established in such county. A probate judge shall be elected for the regular term at the next election ensuing in an even-numbered year, and the records of the probate division of the court of common pleas shall be delivered to such re-established probate court upon the entry into office of an elected probate judge.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2101 | Probate Court - Jurisdiction; Procedure › Section 2101.99 | Penalty.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
(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 the Revised Code shall be fined not less than ten nor more than two hundred dollars.
(C) Whoever violates section 2101.41 of the Revised Code shall be fined not more than fifty dollars.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.01 | Property Construed.

Effective:
January 13, 2012
Latest Legislation:
Senate Bill 124 - 129th General Assembly
As used in sections 2103.01 to 2103.09 of the Revised Code, unless the context shows that another sense is intended, "property" includes real property and money, choses in action, evidences of debt, and other personal property.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.02 | Dower.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
A spouse who has not relinquished or been barred from it shall be endowed of an estate for life in one third of the real property of which the consort was seized as an estate of inheritance at any time during the marriage. Such dower interest shall terminate upon the death of the consort except:
(A) To the extent that any such real property was conveyed by the deceased consort during the marriage, the surviving spouse not having relinquished or been barred from dower therein;
(B) To the extent that any such real property during the marriage was encumbered by the deceased consort by mortgage, judgment, lien except tax lien, or otherwise, or aliened by involuntary sale, the surviving spouse not having relinquished or been barred from dower therein. If such real property was encumbered or aliened prior to decease, the dower interest of the surviving spouse therein shall be computed on the basis of the amount of the encumbrance at the time of the death of such consort or at the time of such alienation, but not upon an amount exceeding the sale price of such property.
In lieu of such dower interest which terminates pursuant to this section, a surviving spouse shall be entitled to the distributive share provided by section 2105.06 of the Revised Code.
Dower interest shall terminate upon the granting of an absolute divorce in favor of or against such spouse by a court of competent jurisdiction within or without this state.
Wherever dower is referred to in Chapters 2101. to 2131., inclusive, of the Revised Code, it means the dower to which a spouse is entitled by this section.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.021 | When Affidavit Required to Preserve Dower.

Effective:
October 17, 1961
Latest Legislation:
Senate Bill 211 - 104th General Assembly
Whenever "trustee," "as trustee," or "agent" follows the name of the grantee in any deed of conveyance of land recorded in this state and no other instrument containing a description of such land has been recorded in the office of the recorder of the county in which such land is situated which puts upon inquiry any person dealing with such land that a spouse of such grantee would have a dower interest in such land, a conveyance of such land by such grantee to a bona fide purchaser conveys a title free from the claims of any spouse of such grantee in such land, for dower, inchoate, or otherwise, unless such spouse, prior to the recording of such conveyance by such grantee to said purchaser, has recorded in the office of the recorder of the county in which the land is situated an affidavit describing such land and setting forth the nature of such spouse's interest in such land.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.03 | Conveyance in Lieu of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If accepted by the grantee, the conveyance of an estate or interest in real property in lieu of dower, to take effect on the death of the grantor, will bar such grantee's right of dower in the real property of the grantor. If the conveyance was made when the grantee was a minor or during the marriage, the grantee may waive title to such real property and demand dower.
When a conveyance which is intended to be in lieu of dower fails through any defect to be a bar thereto, and the widow or widower availing of such defect demands dower, the estate or interest conveyed to such widow or widower shall cease.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.04 | Eviction From Premises Conveyed in Lieu of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A widow or widower lawfully evicted from real property conveyed in lieu of dower, or any part thereof, shall be endowed with as much of the residue of the real property of the deceased consort as will equal that from which such widow or widower is evicted.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.041 | Judicial Sale of Dower Interest Without Consent of Spouse.

Effective:
October 29, 1999
Latest Legislation:
House Bill 59 - 123rd General Assembly
In any action involving the judicial sale of real property for the purpose of satisfying the claims of creditors of an owner of an interest in the property, the spouse of the owner may be made a party to the action, and the dower interest of the spouse, whether inchoate or otherwise, may be subjected to the sale without the consent of the spouse. The court shall determine the present value and priority of the dower interest in accordance with section 2131.01 of the Revised Code and shall award the spouse a sum of money equal to the present value of the dower interest, to be paid out of the proceeds of the sale according to the priority of the interest. To the extent that the owner and the owner's spouse are both liable for the indebtedness, the dower interest of the spouse is subordinate to the claims of their common creditors.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.05 | Adultery a Bar to Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A husband or wife who leaves the other and dwells in adultery will be barred from dower in the real property of the other, unless the offense is condoned by the injured consort.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.06 | Lands Given Up by Fraud.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If a husband or wife gives up real property by collusion or fraud, or loses it by default, the widow or widower may recover dower therein.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.07 | Dower Is Forfeited by Waste.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A tenant in dower in real property who commits or suffers waste thereto will forfeit that part of the property to which such waste is committed or suffered to the person having the immediate estate in reversion or remainder and will be liable in damages to such person for the waste committed or suffered thereto.
2023 Ohio Revised Code › Title 21 | Courts-Probate-Juvenile › Chapter 2103 | Dower › Section 2103.08 | Assignment of Dower.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Sections 5305.01 to 5305.22, inclusive, of the Revised Code apply to the assignment of the dower of a husband.