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Title 21 | Courts-Probate-Juvenile
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Section 2101.161 | Deposit of prepaid and unearned costs.

...The probate court may order that prepaid and unearned costs be deposited with a bank, savings bank, savings and loan association, credit union, or trust company incorporated under the laws of this state or of the United States. The order shall be entered on the journal of the court and may specify that deposited costs are to be held in an account, or invested in an investment, supervised by the bank, savings bank, as...

Section 2101.162 | Computerizing court of paying cost of computerized legal research.

...(A)(1) The probate judge may determine that, for the efficient operation of the probate court, additional funds are required to computerize the court, make available computerized legal research services, or to do both. Upon making a determination that additional funds are required for either or both of those purposes, the probate judge shall charge a fee not to exceed three dollars or authorize and direct a dep...

Section 2101.163 | Dispute resolution procedures in probate court.

...(A) A probate judge may establish by rule procedures for the resolution of disputes between parties to any civil action or proceeding that is within the jurisdiction of the probate court. Any procedures so adopted shall include, but are not limited to, mediation. If the probate judge establishes any procedures under this division, the probate judge may charge, in addition to the fees and costs authorized under sectio...

Section 2101.164 | Fees waived for combat zone military casualties.

...(A) As used in this section, "combat zone" means an area that the president of the United States by executive order designates for purposes of 26 U.S.C. 112 as an area in which armed forces of the United States or the national guard are engaging or have engaged in combat. (B) A probate judge shall not charge, or collect from, the estate of a decedent who died while in active service as a member of the armed f...

Section 2101.165 | Cancellation of uncollectible debts.

...If at any time the court finds that an amount owing to the court is due and uncollectible, in whole or in part, the court may direct the clerk of the court to cancel all or part of the claim. The clerk shall then effect the cancellation.

Section 2101.17 | Fees from county treasury.

... The fees enumerated in this section shall be paid to the probate court from the county treasury upon the warrant of the county auditor which shall issue upon the certificate of the probate judge and shall be in full for all services rendered in the respective proceedings as follows: (A) For each hearing to determine if a person is an individualw...

Section 2101.18 | Fees for other services.

...For services for which compensation is not provided but subject to section 2101.27 of the Revised Code insofar as the probate judge solemnizes marriages, the probate judge shall be allowed the same fees as are allowed the clerk of the court of common pleas for similar services. The probate judge shall administer oaths and make certificates in pension and bounty cases without compensation.

Section 2101.19 | Limitation of charges by probate judge - probate court conduct of business fund.

...(A) No probate judge or probate judge's deputy clerk shall sell or offer for sale for more than one dollar any merchandise to be used in connection with any license, order, or document issued by the probate court, or make any charge in connection with the issuance of any license, order, or document except that specifically provided by law. (B) All moneys obtained from the sale of merchandise to be used in con...

Section 2101.20 | Reduction of fees.

...When the aggregate amount of fees and allowances collected by the probate judge in any calendar year exceeds by more than ten per cent the amount necessary to pay the salaries of the judge and the employees of the probate court, including court constables, for the same calendar year, the judge may, by an order entered on the judge's journal, provide for a discount of all the fees and allowances the judge is req...

Section 2101.21 | Fiduciary - payment of costs in advance.

...Before appointing any person as a fiduciary, the probate court may require payment of the costs incident to such appointment.

Section 2101.22 | Process.

...The probate judge shall issue any process, notices, commissions, rules, and orders that are necessary to carry into effect the powers granted to the judge.

Section 2101.23 | Contempt.

...The probate 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,...

Section 2101.24 | Jurisdiction of probate court.

... (A)(1) Except as otherwise provided by law, the probate court has exclusive jurisdiction: (a) To take the proof of wills and to admit to record authenticated copies of wills executed, proved, and allowed in the courts of any other state, territory, or country. If the probate judge is unavoidably absent, any judge of the court of common pleas may take proof of wills and approve bonds to be given, but the record of ...

Section 2101.25 | Optional jurisdiction of probate judge.

...When any action for the appropriation of property or any appeal in a road case, in a sewer district case, or in any county water supply 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 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.

...Whenever 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...

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.

...The probate judge shall have the powers and perform the duties provided for, and shall be governed by the sections of the Revised 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, ...

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.

...Orders for the payment of money 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.

...When the probate judge of any county 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 judg...

Section 2101.38 | Administration when the probate judge is interested.

...Letters testamentary, of administration, or of guardianship shall not be issued to a person after the person's election to the office of probate judge and before the expiration of the person's term. If a probate judge is interested as heir, legatee, devisee, or other manner in an estate that would otherwise be settled in the probate court of the county where the judge resides, the estate, and all of the account...

Section 2101.39 | Affidavit of disqualification.

...If a probate judge allegedly has a bias or prejudice for or against a party or a party's counsel in a proceeding pending before the judge, allegedly otherwise is interested in a proceeding pending before the judge, or allegedly is disqualified to preside in the proceeding and if the bias, prejudice, interest, or disqualification does not permit or require certification of the proceeding to the court of common pleas a...