Early American Probate Courts are traced back to those English religious courts which had jurisdiction over the probate of wills and administration of estates. Similar courts were established in other states under the name of Surrogate, Orphan Courts, or Court of the Ordinary.
Under the first Ohio Constitution written in , the Court of Common Pleas had exclusive jurisdiction of probate matters.
The Constitution of removed probate matters from the jurisdiction of Common Pleas Court and created a separate Probate Court in each county. Subsequent amendments to the Constitution in , , and , and changes in the codified law in and have made the Probate Court what it is today; a separate division of the Court of Common Pleas.
Probate Court Mission Statement The mission of the Ashtabula County Court of Common Pleas, Probate Division, is to provide prompt and fair resolutions to legal issues, disputes and other legal matters for all who appear before the Court, and for all whom the Court has a duty to protect. The Court will serve the citizens of the community with dedication, professionalism, and integrity, and will strive to: accurately and efficiently maintain its court records; provide timely access to the court and its public records; and fulfill its obligations and responsibilities as established by Ohio law.
The court returns a substantial amount of money to the General Fund through the collection of court costs and fees which are established by the Ohio legislature.
The Code places many diverse duties upon the court. The following is a brief outline and description of some of those duties. The court supervises the estate administration by appointing an estate fiduciary executor or administrator when necessary, who must collect the assets of the decedent, pay all the legal obligations and debts of the decedent and distribute the remaining assets to those who are entitled to inherit.
Most full estates are closed within nine months. A properly drafted and executed will is beneficial and will allow the estate to be administered more efficiently. It is recommended that an attorney be consulted for the preparation of a will. Guardianships Another major responsibility of the Probate Court is to protect those persons who cannot protect themselves such as adult mentally incompetent persons and minors.
Mental Illness and Mental Retardation The Probate Court oversees the involuntary civil commitment process of individuals who are alleged to be mentally ill or mentally retarded. The Court conducts hearings to determine whether the individual is subject to hospitalization and to determine the length and place of treatment. All individuals involved have legal representation throughout the process. Approximately 10 to 15 commitment hearings are conducted annually by this Probate Court.
These proceedings and records are confidential by law. Those wishing to adopt are required to submit to a personal home investigation to insure their suitability as adoptive parents. Approximately 50 adoptions are filed annually. The hearings and records are confidential by law. Birth Certificates The Probate Court has the authority to correct birth certificates and to issue delayed birth certificates for those individuals born within the State of Ohio.
Birth certificates for individuals born in Ashtabula County, as well as death certificates of individuals who passed away in Ashtabula County between and can be found at Ashtabula County Probate Court. After , individuals born in Conneaut or Ashtabula, birth records are located in their respective municipal health departments. Individuals born in any other area of the county, the birth records are located at the Ashtabula County Health Department. Likewise, after , individuals who passed away in Conneaut or Ashtabula, the death records are located at their respective municipal health departments; and individuals passing away in any other area of the county, those death records are located at the Ashtabula County Health Department.
Change of Name An Ashtabula County resident who desires to legally change his or her name must file an application in the Ashtabula County Probate Court. The Court hears name changes for both adults and minors. The person seeking the name change must be a resident of Ashtabula County for at least one year prior to filing the application. All matters are set for hearing and publication is required in all cases.
Approximately 50 name changes are processed annually in the Probate Court. Applicants are encouraged to apply for marriage licenses by virtual appointment. To expedite the process: It is not required to submit an Application prior to the appointment, but it significantly reduces the time required at each appointment. You will need to visit the County Probate Court Office to apply for a marriage license.
You must apply in the county where you reside or plan to marry. Both members of the couple must show proof of age, provide photo identification and pay a fee. Some counties require a cash payment to apply for a license. You must reach the minimum age of 16 to get married in Ohio. Minors are required to have parental or guardian consent and attend pre-marital counseling in order to get married.
Apply where: County Probate Court Office 2. Minimum Age: 18, or 16 with parental consent and counseling 3. Identification: driver's license, state-issued identification, passport, or military identification 5. Residency Requirement: No 7. Witnesses: No 8. License Valid: 60 days 9. Waiting Period: No Same-sex marriage: Yes
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