Duties of Probate Judge
According to the Ohio Association of Probate Judges, the Ohio Revised Code places over two hundred separate duties on the Probate Court. In general, the function and purpose of the Probate Court is to perform those powers and duties authorized by the Constitution of the State of Ohio and Chapter 2101 of the Ohio Revised Code. The types of cases handled by the Probate Court (the Court’s jurisdiction) are specified in Ohio Revised Code Section 2101.24. The following are some of the types of cases most frequently filed in the Probate Court of Allen County:
- Hear and administer estates, trusts, and guardianships of incompetents and minors;
- Issue marriage licenses and delayed and corrected birth certificates;
- Hear adoption proceedings, minor settlement cases, and civil commitment proceedings;
- Maintain records related to services (1) through (3) and other records as required by statute.
TYPES OF CASES HANDLED BY THE PROBATE COURT
The types of cases handled by the Probate Court (the Court’s jurisdiction) are specified in Ohio Revised Code Section 2101.24. The following are some of the types of cases most frequently filed in the Probate Court of Allen County:
DECEDENT’S ESTATES
The Probate Court admits properly executed wills to probate, appoints fiduciaries to manage decedent’s estates, oversees and settles the accounts of the fiduciaries and orders distribution of the estate assets. The Court also hears and determines applications for the release or summary release of smaller estates from formal administration.
- Ohio State Bar Association LawFacts Pamphlet “Administering an Estate Without a Will”
- Ohio State Bar Association LawFacts Pamphlet “Wills”
- Ohio State Bar Association LawFacts Pamphlet “Probate”
GUARDIANSHIPS
The Probate Court in appropriate cases appoints guardians for minors and adults found to be incompetent to handle their own affairs.
MARRIAGE LICENSES
The Probate Court issues marriage licenses to applicants who are properly qualified to marry under the laws of the State of Ohio.
TRUST ADMINISTRATION
The Probate Court oversees the administration of trusts created by a will and resolves disputes regarding the administration of non-testamentary trusts.
PRESUMPTION OF DEATH
The Probate Court may hear petitions for the determination of the presumption of death of missing persons and to determine the property rights and obligations of all parties affected by the presumption.
ADOPTIONS
The Probate Court may hear petitions for the adoption of minors and adults as well as actions to obtain the release of information pertaining to the birth name of the adopted person and the identity of that person’s biological parents or siblings.
INVOLUNTARY HOSPITALIZATION OF THE MENTALLY ILL
The Probate Court may hear petitions seeking the involuntary hospitalization of mentally ill persons who represent a substantial risk of physical harm to themselves or others.
DISINTERMENT AND REINTERMENT OF HUMAN REMAINS
The Probate Court may hear and determine actions relating to the removal and relocation of human remains from their place of interment.
END OF LIFE DECISIONS
The Probate Court may hear and determine actions relating to durable powers of attorney for health care, and complaints relating to the use, continuation, withholding or withdrawal of life-sustaining treatment of persons alleged to be in a terminal condition or a permanently unconscious state.
- Ohio State Bar Association LawFacts Pamphlet “Do Not Resuscitate (DNR) Orders”
- Ohio State Bar Association LawFacts Pamphlet “Living Wills and Health Care Powers of Attorney”
- Ohio State Bar Association LawFacts Pamphlet “Financial Powers of Attorney”
NAME CHANGES
The Probate Court may grant a petition seeking the change of name of an adult or minor if there is reasonable and proper cause for the change.
