Rule 73.20.Settlement of Wrongful Death and Survival Claims
Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.20 governs court approval of wrongful death and survival settlements: the fiduciary’s application must show how the money is allocated between the two claims and how the wrongful death share will be distributed, interested persons get notice, and the court keeps control however many waivers are signed.
(A)An application to approve settlement and Distribution of Wrongful Death and Survival Claims (Standard Probate Form 14.0) shall contain a statement of facts, including the amount to be allocated to the settlement of the claim and the amount, if any, to be allocated to the settlement of the survival claim. The application shall include the proposed distribution of the net proceeds allocated to the wrongful death claim.
(B)The fiduciary shall give written notice of the hearing and a copy of the application to all interested persons who have not waived notice of the hearing. Notwithstanding the waivers and consents of the interested persons, the court shall retain jurisdiction over the settlement, allocation, and distribution of the claims.
(C)The application shall state what arrangements, if any, have been made with respect to counsel fees. Counsel fees shall be subject to approval by the court.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
Division (A) describes the application, made on Standard Probate Form 14.0. It must contain a statement of facts, including the amount allocated to the settlement of the wrongful death claim and the amount, if any, allocated to the survival claim, and it must propose how the net proceeds of the wrongful death claim will be distributed.
Division (B) requires the fiduciary to give written notice of the hearing, with a copy of the application, to every interested person who has not waived notice. Waivers and consents do not end the court’s role: the court keeps jurisdiction over the settlement, the allocation, and the distribution. Division (C) requires the application to state any arrangement for counsel fees, which are subject to the court’s approval.
Frequently Asked Questions
What goes into an application to approve a wrongful death settlement?
A statement of facts on Standard Probate Form 14.0, including the amount allocated to the wrongful death claim and any amount allocated to the survival claim, plus the proposed distribution of the net wrongful death proceeds and any arrangement for counsel fees.
If every interested person signs a waiver, does the court still review the settlement?
Yes. Rule 73.20(B) says the court retains jurisdiction over the settlement, allocation, and distribution notwithstanding the waivers and consents.
Are attorney fees reviewed in a wrongful death settlement?
Yes. The application must state the arrangement for counsel fees, and the fees are subject to the court’s approval.
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. 73.20). 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:wrongful death settlementsurvival claim settlementForm 14.0