Ohio Rev. Code » Chapter 2107
Ohio Revised Code

Ohio Rev. Code § 2107.19 (2026)

Notice of admission of will to probate

✓ current as of May 2026
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Effective:
April 8, 2004
Latest Legislation:
House Bill 51 - 125th General Assembly
PDF:
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(A)(1) Subject to divisions (A)(2) and (B) of this section, when a will has been admitted to probate, the fiduciary for the estate or another person specified in division (A)(4) of this section shall, within two weeks of the admission of the will to probate, give a notice as described in this division and in the manner provided by Civil Rule 73(E) to the surviving spouse of the testator, to all persons who would be entitled to inherit from the testator under Chapter 2105. of the Revised Code if the testator had died intestate, and to all legatees and devisees named in the will. The notice shall mention the probate of the will and, if a particular person being given the notice is a legatee or devisee named in the will, shall state that the person is named in the will as beneficiary. A copy of the will admitted to probate is not required to be given with the notice.

(2) A person entitled to be given the notice described in division (A)(1) of this section may waive that right by filing a written waiver of the right to receive the notice in the probate court. The person may file the waiver of the right to receive the notice at any time prior to or after the will has been admitted to probate.

(3) The fact that the notice described in division (A)(1) of this section has been given, subject to division (B) of this section, to all persons described in division (A)(1) of this section who have not waived their right to receive the notice, and, if applicable, the fact that certain persons described in that division have waived their right to receive the notice in accordance with division (A)(2) of this section, shall be evidenced by a certificate that shall be filed in the probate court in accordance with division (A)(4) of this section.

(4) The notice of the admission of the will to probate required by division (A)(1) of this section and the certificate of giving notice or waiver of notice required by division (A)(3) of this section shall be given or filed by the fiduciary for the estate or by the applicant for the admission of the will to probate, the applicant for a release from administration, any other interested person, or the attorney for the fiduciary or for any of the preceding persons. The certificate of giving notice shall be filed not later than two months after the appointment of the fiduciary or, if no fiduciary has been appointed, not later than two months after the admission of the will to probate, unless the court grants an extension of that time. Failure to file the certificate in a timely manner shall subject the fiduciary or applicant to the citation and penalty provisions of section 2109.31 of the Revised Code.

(B) The fiduciary or another person specified in division (A)(4) of this section is not required to give a notice pursuant to division (A)(1) of this section to persons who have been notified of the application for probate of the will or of a contest as to jurisdiction or to persons whose names or places of residence are unknown and cannot with reasonable diligence be ascertained, and a person authorized by division (A)(4) of this section to give notice shall file in the probate court a certificate to that effect.
Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1979–2025 · leading case: Allen v. McBride, 2004 Ohio 7112 (Ohio 2004).
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Allen v. McBride, 2004 Ohio 7112 (Ohio 2004). · cites it 8× “2 January Term, 2004 * to contest the validity of the will more than four months after the filing of the certificate described in division (A)(3) of section 2107.19 of the Revised Code.”2 {¶ 8} In finding that R.”
Tomasik v. Tomasik, 857 N.E.2d 127 (Ohio 2006). · cites it 23× “*482 {¶ 2} Cecilia Tomasik, Jurkoshek’s sister and the mother of the other appellees, received notice of the admission of the will to probate as required by R.C. 2107.19. None of the other appellees were in the category of persons to whom it was required that notice be given…”
In re Est. of Taylor, 2024 Ohio 1496 (Ohio Ct. App. 2024). · cites it 2× “71 of the Revised Code to contest the validity of the will more than three months after the filing of the certificate described in division (A)(3) of section 2107.19 of the Revised Code. {¶ 42} Under Civ.”
Disciplinary Couns. v. Mickens, 2016 Ohio 8022 (Ohio 2016). “But the court removed him from that post in December 2012 after he failed to file a certificate stating that all persons entitled to notice of the probate of his brother’s will had received notice, waived notice, or had not been notified because their names or places of…”
In re Evans v. Evans-Sanford, 2020 Ohio 5315 (Ohio Ct. App. 2020). · cites it 5× “76 governs will contest actions and provides, in relevant part: No person who has received or waived the right to receive the notice of the admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.”
Stevenson v. Wenner, 656 N.E.2d 1386 (Ohio Ct. App. 1995). · cites it 3× “The Affidavit of Service as required by Ohio Revised Code Section 2107.19 was filed with the Court on July 29, 1993.”
Chase Home Fin., L.L.C. v. Banker, 913 N.E.2d 1016 (Ohio Ct. App. 2009). · cites it 5× “In a separate case, the Belmont County probate court found that Smith had failed to follow the mandatory notice provisions found in R.C. 2107.19 when she submitted the decedent’s will to probate.”
Disciplinary Couns. v. Brueggeman (Slip Opinion), 2020 Ohio 1578 (Ohio 2020). “See R.C. 2107.19(A)(4). The court issued a delinquency notice on July 20, directing Irene and Brueggeman to file the documents within 30 days.”
In re Britt, 2017 Ohio 8026 (Ohio Ct. App. 2017). · cites it 8× “{¶13} The probate court went on to find that Christine and Cathleen both had notice of the application or admission of William’s will as required by R.C. 2107.19. It points out that they both attended numerous hearings and prosecuted the first will contest.”
Lehmann v. Westhoeffer, 2021 Ohio 529 (Ohio Ct. App. 2021). · cites it 4× “76 addresses will contest actions and provides in relevant part: No person who has received or waived the right to receive the notice of admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.”
O'Neal v. Buckley, 425 N.E.2d 924 (Ohio Ct. App. 1979). · cites it 2× “30, in pertinent part, provides: “After admission to probate of a will* * * containing a gift valued in excess of one thousand dollars to any charitable trust, notice shall be given to the attorney general as well as to other beneficiaries pursuant to section 2107.19 of the…”
In re Furrey v. Furrey, 2025 Ohio 4683 (Ohio Ct. App. 2025). “{¶ 25} We note that the trial court made an alternative finding that the children’s will contest action was not timely refiled.”
Show all 13 citing cases →
Ohio Rev. Code § 2107.19(A)(1): 2 cases
Stevenson v. Wenner, 656 N.E.2d 1386 (Ohio Ct. App. 1995). “The Affidavit of Service as required by Ohio Revised Code Section 2107.19 was filed with the Court on July 29, 1993.”
In re Britt, 2017 Ohio 8026 (Ohio Ct. App. 2017). “{¶13} The probate court went on to find that Christine and Cathleen both had notice of the application or admission of William’s will as required by R.C. 2107.19. It points out that they both attended numerous hearings and prosecuted the first will contest.”
Ohio Rev. Code § 2107.19(A)(3): 3 cases
In re Evans v. Evans-Sanford, 2020 Ohio 5315 (Ohio Ct. App. 2020). “76 governs will contest actions and provides, in relevant part: No person who has received or waived the right to receive the notice of the admission of a will to probate required by section 2107.19 of the Revised Code may commence an action permitted by section 2107.”
In re Britt, 2017 Ohio 8026 (Ohio Ct. App. 2017). “{¶13} The probate court went on to find that Christine and Cathleen both had notice of the application or admission of William’s will as required by R.C. 2107.19. It points out that they both attended numerous hearings and prosecuted the first will contest.”
In re Furrey v. Furrey, 2025 Ohio 4683 (Ohio Ct. App. 2025). “{¶ 25} We note that the trial court made an alternative finding that the children’s will contest action was not timely refiled.”
Ohio Rev. Code § 2107.19(A)(4): 2 cases
Disciplinary Couns. v. Brueggeman (Slip Opinion), 2020 Ohio 1578 (Ohio 2020). “See R.C. 2107.19(A)(4). The court issued a delinquency notice on July 20, directing Irene and Brueggeman to file the documents within 30 days.”
In re Britt, 2017 Ohio 8026 (Ohio Ct. App. 2017). “{¶13} The probate court went on to find that Christine and Cathleen both had notice of the application or admission of William’s will as required by R.C. 2107.19. It points out that they both attended numerous hearings and prosecuted the first will contest.”
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