Rule 73.28.Probate Division of the Court of Common Pleas—Case Management in Decedent’s Estates, Guardianship, and Trusts
Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.28 is the probate court’s case-management rule for estates, guardianships, and trusts: it enforces filing deadlines through citations and cuts to fees, requires an application to keep an estate open more than six months and a status report at thirteen months, and sets exceptions for a pretrial within thirty days.
(A)Each fiduciary shall adhere to the statutory or court-ordered time period for filing the inventory, account, and, if applicable, guardian’s report. The citation process set forth in section 2109.31 of the Revised Code shall be utilized to ensure compliance. The attorney of record and the fiduciary shall be subject to the citation process. The court may modify or deny fiduciary commissions or attorney fees, or both, to enforce adherence to the filing time periods.
(1)If a decedent’s estate must remain open more than six months pursuant to R.C. 2109.301(B)(1), the fiduciary shall file an application to extend administration (Standard Probate Form 13.8).
(2)An application to extend the time for filing an inventory, account, or guardian’s report, shall not be granted unless the fiduciary has signed the application.
(C)The fiduciary and the attorney shall prepare, sign, and file a written status report with the court in all decedent’s estates that remain open after a period of thirteen months from the date of the appointment of the fiduciary and annually thereafter. At the court’s discretion, the fiduciary and the attorney shall appear for a status review.
(D)The court may issue a citation to the attorney of record for a fiduciary who is delinquent in the filing of an inventory, account, or guardian’s report to show cause why the attorney should not be barred from being appointed in any new proceeding before the court or serving as attorney of record in any new estate, guardianship, or trust until all of the delinquent pleadings are filed.
(E)Upon filing of the exceptions to an inventory or to an account, the exceptor shall cause the exceptions to be set for a pretrial within thirty days. The attorneys and their clients, or individuals if not represented by an attorney, shall appear at the pretrial. The trial shall be set as soon as practical after pretrial. The court may dispense with the pretrial and proceed directly to trial.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
Division (A) requires every fiduciary to meet the statutory or court-ordered deadline for filing the inventory, the account, and, where one applies, the guardian’s report. The citation process of R.C. 2109.31 enforces those deadlines, and both the fiduciary and the attorney of record are subject to it. The court may also modify or deny fiduciary commissions or attorney fees, or both, to enforce the deadlines.
Division (B) handles extensions. If a decedent’s estate must remain open more than six months under R.C. 2109.301(B)(1), the fiduciary files an application to extend administration, Standard Probate Form 13.8. An application to extend the time to file an inventory, account, or guardian’s report will not be granted unless the fiduciary has signed it.
Division (C) requires the fiduciary and the attorney to prepare, sign, and file a written status report in every decedent’s estate still open thirteen months after the fiduciary’s appointment, and every year after that, and the court may require both to appear for a status review. Division (D) reaches the lawyer directly: the court may cite the attorney of record for a delinquent fiduciary to show cause why the attorney should not be barred from new appointments or new estates, guardianships, or trusts until the delinquent filings are made. Division (E) moves exceptions along — the exceptor must have exceptions to an inventory or account set for pretrial within thirty days, and the court may skip the pretrial and go directly to trial.
Frequently Asked Questions
What if an estate cannot be closed within six months?
If the estate must remain open more than six months under R.C. 2109.301(B)(1), the fiduciary files an application to extend administration on Standard Probate Form 13.8, under Rule 73.28(B)(1).
When is a status report due in an open estate?
When the estate remains open thirteen months after the fiduciary’s appointment, and annually after that. The fiduciary and the attorney both prepare and sign it.
Can the fiduciary’s lawyer be penalized when the fiduciary files late?
Yes. The attorney of record is subject to the citation process, the court may modify or deny attorney fees, and it may cite the attorney to show cause why the attorney should not be barred from new appointments until the delinquent filings are made.
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. 73.28). 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 case managementextend administrationestate status reportexceptions to inventory