Rule 73.11.Application for Letters of Authority to Administer Estate and Notice of Appointment

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

In one sentenceRule 73.11 sets three seven-day clocks around the appointment of an estate administrator: notice of the application at least seven days before the hearing, the administrator’s notice of appointment to heirs within seven days after it, and the court’s service of the spousal citation within 7 days of the initial appointment.

Full Text of Rule 73.11

Text sizeJump to: (A) (B) (C)

(A) Notice of an application for appointment of administrator shall be served at least seven days prior to the date set for hearing. If there is no known surviving spouse or next of kin resident of the state, the notice shall be served upon persons designated by the court.

(B) The administrator shall give notice of the appointment within seven days after the appointment to all persons entitled to inherit, including persons entitled to an allowance for support, unless those persons have been provided notice of the hearing on the appointment or have waived notice.

(C) The probate court shall serve as provided by Civil Rule 73(E)(3) the spousal citation and summary of rights required by R.C. 2106.02 to the surviving spouse within 7 days of the initial appointment of the administrator or executor, unless a different time is established by local court rule.

End

Amendment History

Effective Date: July 1, 2026

Plain-English Summary

Division (A) governs notice of an application to appoint an administrator. The notice must be served at least seven days before the date set for the hearing. If there is no known surviving spouse or next of kin living in Ohio, notice goes to the persons the court designates.

Division (B) runs the other way, after appointment. Within seven days after being appointed, the administrator must notify everyone entitled to inherit, including anyone entitled to an allowance for support. Anyone who already received notice of the hearing on the appointment, or who waived notice, need not be notified again.

Division (C) puts a duty on the court itself. Within 7 days of the initial appointment of an administrator or executor, the probate court must serve the surviving spouse with the citation and summary of rights required by R.C. 2106.02, by the certified or express mail or commercial carrier method in Rule 73(E)(3). A local court rule may set a different time.

Frequently Asked Questions

How much notice is required before a hearing on an application to appoint an administrator?

At least seven days before the date set for the hearing, under Rule 73.11(A). If there is no known surviving spouse or next of kin resident in Ohio, notice is served on persons the court designates.

Does an heir who got notice of the hearing also get a notice of appointment?

No. Rule 73.11(B) excuses the administrator from sending notice of the appointment to anyone who received notice of the hearing on the appointment or who waived notice.

What is the spousal citation, and who serves it?

It is the citation and summary of rights R.C. 2106.02 requires for a surviving spouse. Rule 73.11(C) makes the probate court serve it within 7 days of the initial appointment of an administrator or executor, unless a local court rule sets a different time.

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. 73.11). 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: letters of authorityappointment of administratornotice of appointmentspousal citation