Rule 73.10.Wills

Last amended July 1, 2026 · Last verified July 1, 2026

In one sentenceRule 73.10 makes anyone opening an estate first check the court’s index of deposited wills, and gives the fiduciary of a testate estate two months after appointment to file the certificate that notice of the will’s probate was served.

Full Text of Rule 73.10

Text sizeJump to: (A) (B)

(A) Before an application is made to admit the will to probate, to appoint an estate fiduciary, or to relieve an estate from administration, each applicant or the applicant’s attorney shall examine the index of wills deposited pursuant to section 2107.07 of the Revised Code. Wills deposited pursuant to section 2107.07 of the Revised Code previous to the will offered for probate shall be filed in the estate proceedings for record purposes only.

(B) Fiduciaries appointed to administer testate estates shall file a Certificate of Service of Notice of Probate of Will (Standard Probate Form 2.4) within two months of their appointment or be subject to removal proceedings. If required by the court, proof of service shall consist of either waivers of notice of the probate of will or signed receipt as provided under Civil Rule 73(E)(3), or if necessary, under Civil Rule 73(E)(4) and (5). A waiver of notice may not be signed by any minor, or on behalf of a minor sixteen or seventeen years of age. See Civil Rule 4.2.

End

Amendment History

Effective Date: July 1, 2026

Plain-English Summary

Division (A) guards against overlooking a will. Before anyone applies to admit a will to probate, to appoint an estate fiduciary, or to relieve an estate from administration, each applicant or the applicant’s attorney must examine the index of wills deposited with the court under R.C. 2107.07. A deposited will that predates the one offered for probate is filed in the estate proceedings for record purposes only.

Division (B) sets a deadline for fiduciaries of testate estates. Within two months of appointment, the fiduciary must file a Certificate of Service of Notice of Probate of Will, Standard Probate Form 2.4, or face removal proceedings. When the court requires proof of service, it consists of waivers of notice of the probate of the will or signed receipts from certified or express mail or commercial carrier service under Rule 73(E)(3) — or, if necessary, ordinary-mail service under Rule 73(E)(4) and (5). A minor may not sign a waiver of notice, and no one may sign one on behalf of a minor sixteen or seventeen years of age.

Frequently Asked Questions

What is the index of deposited wills, and who must check it?

It is the court’s index of wills deposited under R.C. 2107.07. Rule 73.10(A) requires each applicant, or the applicant’s attorney, to examine it before applying to admit a will, appoint an estate fiduciary, or relieve an estate from administration.

How long does an executor have to file the certificate of service of notice of probate?

Two months from appointment. Rule 73.10(B) requires the fiduciary of a testate estate to file Standard Probate Form 2.4 within that time or be subject to removal proceedings.

Can a minor waive notice of the probate of a will?

No. A minor may not sign a waiver of notice, and no one may sign one on behalf of a minor who is sixteen or seventeen years old. The rule points to Rule 4.2, which governs how minors are served.

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. 73.10). 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 of willnotice of probate of willdeposited willsForm 2.4