Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.1 defines the word the probate rules lean on most — “case” — sweeping in lawsuits and petitions, estates, trusts, guardianships, adoptions, name changes, and any other probate matter that receives a case number, and it counts each ward, adoptee, or name-change applicant as a separate case.
In Rules 73.1 to 73.29 “case” means any of the following when filed in the probate division of the court of common pleas:
(A)A civil complaint, petition, or administrative appeal;
(B)A decedent’s estate; a testamentary, inter vivos or wrongful death trust; a guardianship, conservatorship or request for emergency orders pursuant to division (B)(3) of 2111.02 of the Revised Code; an adoption or name change. Each beneficiary of a wrongful death trust, each ward or conservatee, each adoptee and each individual requesting a change of name in those proceedings with multiple interested parties, shall be considered a separate “case.”
(C)Any other proceeding for which a case number is assigned including but not limited to the following: tax filings, filings of wills for probate or record, real estate transfers, and filings of foreign records where an estate is not opened; release from administration; minor’s settlements; birth corrections; delayed birth registrations; mental retardation or tuberculosis commitments; petition for protective services; petition to compel HIV testing; an application to appoint a guardian, trustee, protector, or conservator of a mentally retarded or developmentally disabled person; acknowledgment of paternity; a petition for release of adoption information; powers of attorney including those for health care; declarations concerning life-sustaining treatment; proceedings to designate heir; applications to disinter or to oppose disinterment; and voluntary assignment for the benefit of creditors.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
The word “case” runs through the probate rules — a particular case or proceeding, the case number at the top of every page. Rule 73.1 fixes what it means in Rules 73.1 through 73.29, and it casts a wide net.
Division (A) covers ordinary litigation filed in the probate division: a civil complaint, a petition, or an administrative appeal. Division (B) covers the core probate proceedings — a decedent’s estate; a testamentary, inter vivos, or wrongful death trust; a guardianship, a conservatorship, or a request for emergency orders under R.C. 2111.02(B)(3); an adoption; and a name change. It also splits proceedings that involve several people: each beneficiary of a wrongful death trust, each ward or conservatee, each adoptee, and each person seeking a change of name counts as a separate case.
Division (C) is the catch-all. Any other proceeding that is assigned a case number is a case, and the rule lists many examples, from tax filings and wills filed for probate or record to minors’ settlements, birth corrections, powers of attorney, declarations concerning life-sustaining treatment, and applications to disinter.
Frequently Asked Questions
If one adoption petition covers two children, is that one case or two?
Two. Rule 73.1(B) treats each adoptee as a separate case. It does the same for each ward or conservatee, each beneficiary of a wrongful death trust, and each person asking for a change of name.
Is a will filed only for record a “case” under the probate rules?
Yes, once it is assigned a case number. Rule 73.1(C) lists filings of wills for probate or record among the proceedings that count as a case.
Do ordinary lawsuits filed in probate court count?
Yes. Rule 73.1(A) includes any civil complaint, petition, or administrative appeal filed in the probate division.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 73.1). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:probate case definitiondefinition of case