Ohio Code 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.
Terms Used In Ohio Code 5817.04
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means the probate court of the county in which the complaint under section 5817. See Ohio Code 5817.01
- Personal property: All property that is not real property.
- Probate: Proving a will
- Property: means real and personal property. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: means the state of Ohio. See Ohio Code 1.59
- Testator: A male person who leaves a will at death.
- Trust: means an inter vivos revocable or irrevocable trust instrument to which, at the time the complaint for declaration of validity is filed under section 5817. See Ohio Code 5817.01
- Venue: The geographical location in which a case is tried.
(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.