Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.16 adds probate-court procedure to land sales under R.C. Chapter 2127: evidence of title before the court finds a sale necessary, at least three weeks’ mailed notice of a public sale, a closing statement with any entry confirming a private sale, and an optional court-appointed investigator.
(A)In all land sale proceedings, the plaintiff, prior to the issuance of an order finding the sale necessary, shall file with the court evidence of title showing the record condition of the title to the premises described in the complaint and prepared by a title company licensed by the state of Ohio, an attorney’s certificate, or other evidence of title satisfactory to the court. Evidence of title shall be to a date subsequent to the date on which the complaint was filed.
(B)The plaintiff shall give notice of the time and place of sale by regular mail at least three weeks prior to the date of a public sale to all defendants at their last known addresses. Prior to the public sale, the plaintiff shall file a certificate stating that the required notice was given to the defendants and the sale was advertised pursuant to section 2127.32 of the Revised Code.
(C)In all private land sale proceedings by civil action, the judgment entry confirming sale, ordering issuance of deed, and ordering distribution shall show the gross amount of the proceeds and include a copy of the proposed closing statement itemizing all of the proposed disbursements.
(D)The court may appoint a disinterested person, answerable to the court, who shall investigate the circumstances surrounding the proposed transaction, view the property, ascertain whether the proposed sale is justified and report findings in writing. The report shall be a part of the record. The compensation for the person performing these services shall be fixed by the court, according to the circumstances of each case, and shall be taxed as costs.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
Division (A) requires the plaintiff in every land sale proceeding to file evidence of title before the court issues an order finding the sale necessary. The evidence must show the record condition of the title to the land described in the complaint, must run to a date after the complaint was filed, and may come from a title company licensed in Ohio, an attorney’s certificate, or other evidence the court finds satisfactory.
Division (B) governs public sales. The plaintiff must mail notice of the time and place of sale by regular mail to every defendant at the last known address at least three weeks before the sale, and before the sale must file a certificate that the notice was given and the sale advertised under R.C. 2127.32. Division (C) governs private sales by civil action: the judgment entry confirming the sale, ordering the deed, and ordering distribution must show the gross proceeds and include the proposed closing statement itemizing the proposed disbursements.
Division (D) lets the court appoint a disinterested person, answerable to the court, to investigate the proposed transaction, view the property, decide whether the sale is justified, and report in writing. The report becomes part of the record, and the person’s compensation is fixed by the court and taxed as costs.
Frequently Asked Questions
What evidence of title must a fiduciary file in a land sale?
Evidence showing the record condition of the title, dated after the complaint was filed, prepared by a title company licensed in Ohio, an attorney’s certificate, or other evidence satisfactory to the court. It must be filed before the court finds the sale necessary.
How much notice do defendants get of a public sale?
At least three weeks before the sale, by regular mail to their last known addresses. The plaintiff must file a certificate before the sale confirming the notice and the advertisement.
Who pays a court-appointed investigator in a land sale?
The court fixes the compensation according to the circumstances of the case, and it is taxed as costs.
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. 73.16). 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:land sale proceedingssale of real estate by fiduciaryR.C. 2127 land sale