Rule 73.26.Exception to the Rules
Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.26 lets the probate court grant an exception to any of Rules 73 through 73.29 when a party applies and shows good cause.
Full Text of Rule 73.26
Upon application, and for good cause shown, the probate division of the court of common pleas may grant exception to Rules 73 to 73.29.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
Rule 73.26 is the safety valve for the probate rules. Upon application, and for good cause shown, the probate division may grant an exception to Rules 73 through 73.29. The rule does not define good cause, which leaves the question to the court in each matter.
The exception reaches only the probate rules. It does not let the probate court set aside other Civil Rules.
Frequently Asked Questions
How do I ask for an exception to a probate rule?
By application, showing good cause, under Rule 73.26.
Can Rule 73.26 excuse compliance with other Civil Rules?
No. It authorizes exceptions only to Rules 73 through 73.29.
What counts as good cause?
The rule does not define it, so the probate court decides on the facts of the application.
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. 73.26). 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: exception to probate ruleswaiver of probate rules