Ohio Revised Code Search
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Section 2101.23 | Contempt.
...te judge may keep order in the judge's court and has authority throughout the state to compel performance of any duty incumbent upon any fiduciary appointed by or accounting to the judge. The probate judge may punish any contempt of the judge's authority as that contempt might be punished in the court of common pleas. If a person neglects or refuses to perform an order or judgment of a probate court, other th... |
Section 2101.25 | Optional jurisdiction of probate judge.
...ply system case is filed in the probate court, the judge may certify such cause to the court of common pleas of the county, together with all the papers filed therein, whereupon the clerk of the court of common pleas shall file said papers and enter said cause on the docket. Thereupon the court of common pleas shall have jurisdiction to hear, determine, and make record of said cause, as if commenced in such court. Th... |
Section 2101.26 | Referring information as to abuse, exploitation or theft to law enforcement agency.
...If the probate judge receives information of the alleged abuse or financial exploitation of a person of advanced age or of an incompetent or minor under guardianship, or receives information of an alleged theft from the estate of a decedent, the judge may refer the information to the appropriate law enforcement agency of the political subdivision in which the abuse, exploitation, or theft allegedly occurred, which ag... |
Section 2101.27 | Probate judge has authority to solemnize marriage within county.
...(A) A probate judge has jurisdiction and authority to solemnize marriages within the county and may charge a fee for providing the service in accordance with division (B) of this section. The fee charged is subject to disposition in accordance with division (C) of this section. (B)(1) If a probate judge intends to charge a fee for solemnizing any marriage in accordance with division (A) of this section, prior... |
Section 2101.30 | Jury - drawing.
...ever a jury is required in the probate court, the probate judge shall notify the commissioners of jurors, who shall cause to be drawn from the annual jury list the names of sixteen jurors. Additional names may be drawn if required. The clerk of the court of common pleas or one of the clerk's deputies shall make a list of those names in the order drawn and certify the list to the probate court, and the court sha... |
Section 2101.31 | Determination of questions of fact.
...All questions of fact shall be determined by the probate judge, unless the judge orders those questions of fact to be tried before a jury or refers those questions of fact to a special master commissioner as provided in sections 2101.06 and 2101.07 of the Revised Code. |
Section 2101.32 | Rules and procedure of court of common pleas to govern - power to award and tax costs.
...vised Code and rules that apply to, the courts of common pleas and the judges of those courts. The Rules of Civil Procedure shall govern actions and proceedings in the probate court as provided in Civil Rule 73. In all actions or proceedings in the probate court, whether ex parte or adversary, costs may be awarded to, taxed against, and apportioned between the parties, whether on the same or adverse sides, including... |
Section 2101.33 | Vacation and modification of judgments.
...The probate court has the same power as the court of common pleas to vacate or modify its orders or judgments. |
Section 2101.34 | Judgments by confession.
...If the judges of the court of common pleas are absent from the county or are under a disability, the probate judge of the county may enter judgments by confession in cases pending in the court of common pleas of the judge's county. |
Section 2101.35 | Execution.
...ney may be enforced as judgments in the court of common pleas. Such execution shall be directed to the sheriff, or, in the sheriff's absence or disability, to the coroner. |
Section 2101.37 | Judge of court of common pleas to act as probate judge - compensation.
...unty is absent, or is unable to attend court, or the volume of work in the judge's office necessitates it, the judge may call upon a judge of the court of common pleas having jurisdiction in that county to act in the probate judge's place or in conjunction with the probate judge, or the probate judge may call upon the chief justice of the supreme court, who shall designate a judge of the court of common pleas ... |
Section 2101.38 | Administration when the probate judge is interested.
...ld otherwise be settled in the probate court of the county where the judge resides, the estate, and all of the accounts of guardians in which the judge is interested, shall be settled by the court of common pleas of the county. In those matters and cases in which the judge is interested, the judge shall certify the original papers to the court of common pleas. In other matters and proceedings in a probate cour... |
Section 2101.39 | Affidavit of disqualification.
... certification of the proceeding to the court of common pleas as provided by section 2101.38 of the Revised Code, any party to the proceeding or the party's counsel may file an affidavit of disqualification with the clerk of the supreme court. The affidavit of disqualification shall be filed and decided in accordance with divisions (B) to (E) of section 2701.03 of the Revised Code, and, upon the filing of the affidav... |
Section 2101.40 | Dealing in assets of estate.
...perty or securities involved in probate court cases. This section applies to all appointees of the probate court. |
Section 2101.41 | Prohibition.
...as partner in the practice of law in a court or tribunal of this state, prepare a complaint or answer, make out an account required for the settlement of an estate committed to the care or management of another, or appear as attorney before a court or judicial tribunal. Whoever violates this section shall forfeit the office of probate judge. The deputy clerk of a probate court may engage in the practice of la... |
Section 2101.42 | Cases appealable from probate court.
...der, judgment, or decree of the probate court, an appeal on a question of law may be prosecuted to the court of appeals in the manner and within the time provided for the prosecution of such appeals from the court of common pleas to the court of appeals. For the purpose of prosecuting appeals on questions of law from the probate court, the probate court shall exercise judicial functions inferior only to the court of ... |
Section 2101.44 | Conduct of election - form of ballot - returns and canvass.
...n the question of combining the probate court and the court of common pleas shall be conducted as provided for the election of county officers. The board of elections shall provide separate ballots, tally sheets, blanks, stationery, and all such other supplies as may be necessary in the conduct of such election. Ballots shall be printed with an affirmative and negative statement thereon, as follows: The probat... |
Section 2101.45 | Probate division established - appeals.
...When the probate court and the court of common pleas have been combined as provided in sections 2101.43 and 2101.44 of the Revised Code, there shall be established in the court of common pleas a probate division and all matters of which the probate court has jurisdiction shall be filed and separately docketed in that division. The resident judge of the court of common pleas shall appoint the necessary deputies, clerk... |
Section 2101.99 | Penalty.
...(A) Whoever violates section 2101.09 of the Revised Code shall be fined not more than one hundred dollars. (B) Whoever violates section 2101.15 of the Revised Code shall be fined not less than ten nor more than two hundred dollars. (C) Whoever violates section 2101.41 of the Revised Code shall be fined not more than fifty dollars. |
Section 2103.01 | Property construed.
...As used in sections 2103.01 to 2103.09 of the Revised Code, unless the context shows that another sense is intended, "property" includes real property and money, choses in action, evidences of debt, and other personal property. |
Section 2103.02 | Dower.
...in favor of or against such spouse by a court of competent jurisdiction within or without this state. Wherever dower is referred to in Chapters 2101. to 2131., inclusive, of the Revised Code, it means the dower to which a spouse is entitled by this section. |
Section 2103.021 | When affidavit required to preserve dower.
...Whenever "trustee," "as trustee," or "agent" follows the name of the grantee in any deed of conveyance of land recorded in this state and no other instrument containing a description of such land has been recorded in the office of the recorder of the county in which such land is situated which puts upon inquiry any person dealing with such land that a spouse of such grantee would have a dower interest in such land, a... |
Section 2103.03 | Conveyance in lieu of dower.
...If accepted by the grantee, the conveyance of an estate or interest in real property in lieu of dower, to take effect on the death of the grantor, will bar such grantee's right of dower in the real property of the grantor. If the conveyance was made when the grantee was a minor or during the marriage, the grantee may waive title to such real property and demand dower. When a conveyance which is intended to be in lie... |
Section 2103.04 | Eviction from premises conveyed in lieu of dower.
...A widow or widower lawfully evicted from real property conveyed in lieu of dower, or any part thereof, shall be endowed with as much of the residue of the real property of the deceased consort as will equal that from which such widow or widower is evicted. |
Section 2103.041 | Judicial sale of dower interest without consent of spouse.
... without the consent of the spouse. The court shall determine the present value and priority of the dower interest in accordance with section 2131.01 of the Revised Code and shall award the spouse a sum of money equal to the present value of the dower interest, to be paid out of the proceeds of the sale according to the priority of the interest. To the extent that the owner and the owner's spouse are both liable for ... |