Ohio Revised Code

Ohio Rev. Code § 2101.33 (2026)

Vacation and modification of judgments

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

The probate court has the same power as the court of common pleas to vacate or modify its orders or judgments.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1954–2026 · leading case: Morr v. Crouch, 249 N.E.2d 780 (Ohio 1969).
Sort: Relevance Newest Treatment
Morr v. Crouch, 249 N.E.2d 780 (Ohio 1969). “We hold that the lack of consent to the “journal entry — settlement” is an irregularity which should have compelled the Probate Court to vacate that entry pursuant to Sections 2101.33 and 2325.01, Revised Code.”
In re Guardianship of McPheter, 642 N.E.2d 690 (Ohio Ct. App. 6th Dist. 1994). “In the case before us, appellee filed several motions to vacate appellant’s third and fourth accountings pursuant to R.C. 2101.33, which provides the probate court with “the same power as the court of common pleas to vacate or modify its orders or judgments.”
State ex rel. Cleveland Trust Co. v. Prob. Court, 165 N.E.2d 668 (Ohio Ct. App. 8th Dist. 1959). · cites it 2× “The court emphasizes, in no uncertain manner, that any attempt, even by the Court of Common Pleas, to vacate the order of probate on the ground of invalidity of the will would not lie after the expiration of the statutory period for contest.”
Zeff v. Rose Chevrolet, Inc., 574 N.E.2d 562 (Ohio Ct. App. 12th Dist. 1989). “), probate (R.C. 2101.33), and satisfaction of judgment (R.”
In re Est. of Strauch, 229 N.E.2d 95 (Ohio Ct. App. 10th Dist. 1967). · cites it 2× “Under Section 2101.33, Revised Code, the Probate Court has authority to vacate or modify its orders.”
Sladky v. Ohio Child.'s Soc'y, Inc., 161 N.E.2d 554 (Ohio Ct. App. 1958). · cites it 2× “24, Revised Code; also, that the Probate Court has the same power as the Court of Common Pleas to vacate or modify its judgment, citing Section 2101.33, Revised Code. In considering the power of the Common Pleas Court to vacate its judgment under Section 2325.”
In re Mantia-Allen, 670 N.E.2d 570 (Ohio Ct. App. 2d Dist. 1996). “See R.C. 2101.33 (stating that “[t]he probate court has the same power as the court of common pleas to vacate or modify its orders of judgments”).”
In re Est. of Kendrick, 2026-Ohio-2002. “” R.C. 2101.33. “‘Although a certificate of transfer is not an order per se, the certificate of transfer permits a party to transfer title of real property and is signed by the court.”
In re Est. of Craig, 214 N.E.2d 122 (Ohio Ct. App. 1st Dist. 1965). · cites it 2× “384 , paragraph one of the syllabus reads: “Under * * * (Section 2101.33, Revised Code), the Probate Court has the same power at law and in equity to vacate or modify its orders and judgments after term as the Court of Common Pleas, and such power is not limited to the statutory…”
In re Guardianship of Kelley, 168 N.E.2d 587 (Ohio Ct. App. 1st Dist. 1960). · cites it 2× “If this be so, then this minor can, after eight years be given an opportunity to present to a jury her suit for $200,000 damages which she has pending in the Court of Common Pleas, and which, by the way, was filed since the setting aside of the former settlement.”
In re Est. of Gray, 162 Ohio St. (N.S.) 384 (Ohio 1954). · cites it 2× “Dnder Section 10501-17, General Code (Section 2101.33, Revised Code), the Probate Court has the same power as the Common Pleas Court to vacate or modify its orders or judgments.”
Jacobsen v. Jacobsen, 164 Ohio St. (N.S.) 413 (Ohio 1956). · cites it 2× “This extension of power is made by Section 10501-17, General Code (Section 2101.33, Revised Code), which reads as follows: “The Probate Court shall have the same power as the Common Pleas Court to vacate or modify its orders or judgments.”
Show all 14 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.