Civil Actions
A civil action is a type of a legal proceeding that is commenced by the filing of a complaint with a court.
A complaint is a pleading that sets forth a claim for relief containing a short and plain statement of the claim showing that the party is entitled to relief and a demand for judgment.
The form of the complaint and all subsequent pleadings in any civil action must conform to the requirements of the Ohio Rules of Civil Procedure.
The Probate Court has only limited jurisdiction to adjudicate civil actions. Only certain types of civil actions should be filed in a Probate Court, which is the Probate Division of the Court of Common Pleas. Most civil actions filed should be filed in the General Division of the Court of Common Pleas.
The types of civil actions which are filed in the Probate Court include actions to determine the validity of wills, actions to construe wills or trusts, actions which seek a declaratory judgment, and actions which seek the court's approval for the sale, mortgage, or lease of lands
The Probate Court also has the exclusive jurisdiction to hear and determine complaints filed pursuant to section 2109.50 of the Revised Code against any person suspected of having concealed, embezzled, or conveyed away or of being or having been in possession of any moneys, chattels, or chooses in action of an estate.