Rule 73.Probate Division of the Court of Common Pleas
Last amended July 1, 2023 · Last verified July 1, 2026
Full Text of Rule 73
Amendment History
Effective Date: July 1, 1970
Amended: July 1, 1971; July 1, 1975; July 1, 1977; July 1, 1980; July 1, 1996; July 1, 1997; July 1, 2001; July 1, 2012; July 1, 2023
Staff Note (July 1, 1996 Amendment)
Rule 73(I) Notice of Filing of Judgments
In 1989, Civ.R. 58 was amended to, among other things, make clear that a clerk of courts shall serve signed judgments upon parties. After that amendment, there apparently has been some confusion as to the effect of that amendment upon probate proceedings. The amendment to division (I) makes clear that Civ.R. 58(B) does apply to probate proceedings, in the manner indicated.
Staff Note (July 1, 1997 Amendment)
Rule 73 Probate division of the court of common pleas
Prior to the 1997 amendment, service of process under this rule was permitted only by certified mail. It appears that service of process by express mail, i.e. as that sort of mail is delivered by the United States Postal Service, can always be obtained return receipt requested, and thus could accomplish the purpose of notification equally well as certified mail. Therefore, the amendment provides for this additional option for service.
Division (H) was amended to delete the specific reference to Rule 16 of the Rules of Superintendence for Courts of Common Pleas, and instead a generic reference is made to the applicable rule. This amendment was made because the rules of superintendence were being revised and renumbered in 1997, and the rule number that will apply to probate forms was not known at the time of this amendment.
Other amendments to this rule are nonsubstantive grammatical or stylistic changes.
Staff Note (July 1, 2001 Amendment)
Civil Rule 73 Probate Division of the Court of Common Pleas
The amendments to this rule were part of a group of amendments that were submitted by the Ohio Courts Digital Signatures Task Force to establish minimum standards for the use of information systems, electronic signatures, and electronic filing. The substantive amendment to this rule was the addition of division (J). Comparable amendments were made to Civil Rule 5, Criminal Rule 12, Juvenile Rule 8, and Appellate Rule 13.
As part of this electronic filing and signature project, the following rules were amended effective July 1, 2001: Civil Rules 5, 11, and 73; Criminal Rule 12; Juvenile Rule 8; and Appellate Rules 13 and 18. In addition, Rule 26 of the Rules of Superintendence for Courts of Ohio was amended and Rule of Superintendence 27 was added to complement the rules of procedure. Superintendence Rule 27 establishes a process by which minimum standards for information technology are promulgated, and requires that courts submit any local rule involving the use of information technology to a technology standards committee designated by the Supreme Court for approval.
Staff Note (July 1, 2012 Amendment)
Divisions (E) and (F) are amended so that they are consistent with the 2012 amendments to Civ.R. 4.1 relating to service of process by commercial carrier service and Civ.R. 4.6 relating to returns of service showing “refused” or “unclaimed” when service of process is attempted by U.S. certified or express mail or by commercial carrier service.
Plain-English Summary
Division (A) makes the Rules of Civil Procedure apply to probate division proceedings as set out in this rule. Division (B) takes venue for probate matters outside the general venue rule and instead follows the venue statutes governing the probate division, transferring any improperly venued proceeding to the proper venue rather than dismissing it.
Division (C) applies the general service-of-summons rules to any probate proceeding that requires service of summons, and division (D) applies the general rule for service and filing of later pleadings and papers to those same proceedings. Division (E) supplies a separate framework for service of notice -- as opposed to summons -- when a statute requires notice or the court deems it necessary and the notice statute neither directs nor authorizes the court to direct how service is made: it lists seven acceptable methods, including personal delivery, leaving a copy at the person's residence, certified or express mail, ordinary mail after a failed certified or express mailing, publication, and any other method the court directs, and it incorporates the general rule on who may be served. Division (F) sets how proof of service of notice is made, depending on whether the court or a party arranged the service. Division (G) applies the general waiver-of-service rule to determine who may waive service of notice.
Division (H) requires probate forms to follow those prescribed for probate practice, holds reproduced blank forms to the prescribed printing specifications, and lets a probate filing rest on the signer's signature alone rather than an oath, and division (I) applies the general notice-of-filing-of-judgment rule to probate division judgments in any action or proceeding where a party other than a plaintiff, applicant, or movant has filed a responsive pleading or exceptions. Division (J) defines what counts as filing with the court, including specific provisions for electronically transmitted documents -- treating an electronic signature as the filer's own, requiring the court to specify when it will accept electronic filings, and allowing the clerk to reject an electronically filed document if the required filing fee wasn't handled as directed.
Frequently Asked Questions
Do the general venue rules apply to probate court proceedings?
No. Rule 73(B) takes probate matters out of the general venue rule and follows the statutes governing venue in the probate division instead, though an improperly venued proceeding is transferred rather than dismissed.
What's the difference between service of summons and service of notice in probate proceedings?
Service of summons follows the same rules as any other civil action. Service of notice, covering other required or court-ordered notifications, follows a separate list of seven methods set out in Rule 73(E).
Can documents be filed electronically in probate court?
Yes, subject to the court specifying when it accepts electronic filings; an electronic signature is treated as the filer's own, and the clerk may reject a filing that requires a fee if the filer didn't comply with the fee-payment procedure.