Rule 73.Probate Division of the Court of Common Pleas
Last amended July 1, 2026 · 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; July 1, 2026
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), rewritten effective July 1, 2026, does two things. It confines Rules 73 through 73.29 to proceedings in the probate division, and it gives them priority: to the extent of any conflict, they take precedence over every other provision of the Civil Rules. Otherwise the Civil Rules apply in probate court, except where a rule by its nature would be clearly inapplicable. The same set of amendments moved most of the probate rules formerly in the Rules of Superintendence into the Civil Rules, as Rules 73.1 through 73.29.
Division (B) takes probate matters out of the general venue rule, Rule 3(C). Probate proceedings are venued as the law provides; proceedings under R.C. Chapters 2101 through 2131 that could be heard in either the general or the probate division belong in the probate division; and a proceeding filed in the wrong place is transferred rather than dismissed, with costs — including reasonable attorney fees — chargeable to the party who filed there.
Divisions (C) and (D) apply the ordinary summons and service rules, Rules 4 through 4.6 and Rule 5, whenever a probate proceeding requires service of summons. Division (E) covers everything else: when the law requires notice, or the court considers it necessary, and the notice statute does not direct or authorize the court to direct how it is served, any interested party may serve written notice without court involvement by one of seven methods — personal delivery, leaving a copy at the person’s residence, certified or express mail or commercial carrier, ordinary mail after a certified mailing is refused or unclaimed, publication once a week for three consecutive weeks when the person’s name, residence, or existence cannot be learned with reasonable diligence, or another method the court directs. Division (F) explains how that service is proved and when it is complete, and division (G) applies the waiver rule of Rule 4(D) to service of notice.
Division (H) points probate practice to the standard forms in Rule 73.2 and the printing specifications in Rule 73.3, and it removes any oath requirement: a probate filing is sufficient on the signature of the person making it. Division (I) applies Rule 58(B)’s notice-of-judgment procedure to probate judgments whenever someone other than a plaintiff, applicant, or movant has filed a responsive pleading or exceptions. Division (J) makes the probate judge the ex officio clerk for filings and lets a court provide for electronic filing by local rule, so long as the rule addresses electronic signatures, the days and hours for receiving electronic filings and when they count as filed, and filing fees.
Frequently Asked Questions
Which rule controls when a probate rule conflicts with another Civil Rule?
The probate rule. Rule 73(A)(2) gives Rules 73 through 73.29 precedence over any other provision of the Civil Rules to the extent of a conflict. Where there is no conflict, the other Civil Rules apply in probate court unless a rule by its nature would be clearly inapplicable.
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).
Do probate filings have to be sworn?
No. Rule 73(H) says no pleading, application, account, report, or other matter filed in the probate division must be executed under oath; the signature of the person making it is sufficient.