Ohio Revised Code

Ohio Rev. Code § 5802.03 (2026)

Concurrent jurisdiction regarding inter vivos trust

✓ laws through the 2026 session (checked Sept. 2026)
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(A) Except as otherwise provided in division (B) of this section, the probate division of the court of common pleas has concurrent jurisdiction with, and the same powers at law and in equity as, the general division of the court of common pleas to issue writs and orders and to hear and determine any action that involves an inter vivos trust.

(B) The probate division of the court of common pleas has exclusive jurisdiction to render declaratory judgments under Chapter 5817. of the Revised Code. However, the probate division of the court of common pleas may transfer a declaratory judgment proceeding under that chapter to the general division of the court of common pleas pursuant to division (A) of section 5817.04 of the Revised Code.

Notes of Decisions
Cited in 3 cases, 2012–2016 · leading case: Kidd v. Alfano, 2016-Ohio-7519, 64 N.E.3d 1052.
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Kidd v. Alfano, 2016-Ohio-7519, 64 N.E.3d 1052. “Pursuant to a motion for 4 Pursuant to R.C. 5802.03, the probate and general divisions of common pleas court have concurrent jurisdiction to hear and determine any action that involves an inter vivos trust.”
Revocable Living Trust of Mandel v. Lake Erie Util. Co., 2012-Ohio-5718. “) R.C. 5802.03. {¶19} Similarly, R.C. 2101.”
Ulinski v. Byers, 2015-Ohio-282. “Accord R.C. 5802.03. R.C. Chapters 5801 to 5811 “apply to charitable and noncharitable inter vivos express trusts * * *.”
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