Section 5817.04 | Jurisdiction; venue.
(A) A complaint to determine the validity of a will or a trust shall be filed with the probate court. The probate judge, upon the motion of a party or the judge's own motion, may transfer the proceeding to the general division of the court of common pleas.
(B) The venue for a complaint under section 5817.02 of the Revised Code is either of the following:
(1) The probate court of the county in this state where the testator is domiciled;
(2) If the testator is not domiciled in this state, the probate court of any county in this state where any real property or personal property of the testator is located or, if there is no such property, the probate court of any county in this state.
(C) The venue for a complaint under section 5817.03 of the Revised Code is either of the following:
(1) The probate court of the county in this state where the settlor resides or is domiciled;
(2) If the settlor does not reside or is not domiciled in this state, the probate court of the county in this state in which the trust's principal place of administration is located.
Available Versions of this Section
- March 22, 2019 – Enacted by House Bill 595 - 132nd General Assembly [ View March 22, 2019 Version ]