Franklin County Probate Records

Franklin County probate records are judicial documents that contain information about the probate process involving the administration of a deceased’s estates as determined by the Probate Court. A "probate" is a legal process ordered and supervised by the court to ensure that a deceased person's assets, liabilities, and possessions are properly managed. This could mean their transfer or distribution to entitled individuals or organizations such as heirs, close relatives, lessors, or legatees.

Probate records generally consist of wills, letters of authority, a summary of release, name change, birth/death certificates, trusts, estates, guardianship, and all such records created during a probate proceeding. Residents of Franklin County may have several reasons to search for probate records. These reasons may include claim/verification of inheritance, tracing genealogy, conducting research, or resolving disputes regarding estate distribution.

Ohio State laws mandate probate proceedings for legal residents who die without a will and have assets valued above $35,000 but not more than $100,000 (Ohio Rev. Code § 2113.03). However, estates with a value of less than $5000 may not require a probate process.

Are Probate Records Public?

Sup. R 45(A and (B) of the Supreme Court Rules of Superintendence and Section 149.43 of the Ohio Revised Code presume that court records are open to public inspection. Franklin County Probate Court records are considered to be part of Franklin County court records; hence, they are available for public access unless otherwise stated by law.

Nonetheless, not all probate records may be available to the public under state laws. Wills generally remain private until the testator's death, and information about ongoing investigations related to conservatorship or guardianship may not be publicly available. In addition, sensitive information contained in probate records, such as financial statements, mental health/psychological evaluation reports, and mediation records, may be redacted from public records.

What is Probate Court in Franklin County?

The Franklin County Probate Court is a division of the County Court of Common Pleas responsible for supervising and administering the estates of deceased persons who were legal residents before their demise. The Probate Court in Franklin County also has jurisdiction over name changes, adoptions, trusts, guardianships, marriage licenses, estates administration, birth certificate issues, civil commitments for mental illnesses, and civil litigations on probate cases. The Probate Court hears cases within its jurisdiction, maintains its case records, and makes them available to the public in accordance with state laws. Concerned persons may locate the Franklin County Probate Court using the following information:

Franklin County Probate Court
373 South High Street
22nd Floor
Columbus, OH 43215-6311
Phone: (614) 525-3894, (614) 525-3899
Email: probate@franklincountyohio.gov

Probate Court Case Lookup

The Probate Court in Franklin County maintains records of proceedings related to estates, marriage licenses, guardianships, conservatorships, name changes, and other probate cases. The Probate Court provides various means for public access to records in their custody. Interested persons may look up probate cases in Franklin County by:

• Sending mail requests via email or US mail to:

Franklin County Probate Court
ATTN: Certified Desk
373 South High Street, 22nd Floor
Columbus, Ohio 43215-6311.

• Visiting the courthouse in person between 8:00am to 5:00 pm weekdays after making an appointment.
• Searching online via the Probate General Case Index Search portal.

In any case, the court staff in charge of making records available will require requesters to provide a party name, case number, or docket number to conduct a search. Certified copies of probate records cost $1 per page, while regular copies are provided at $.10 each. One may also access regular copies on CDS at $1 per disc.

How to Find Probate Records Online Free

Residents of Franklin County may find probate records for free online by utilizing the General Case Index Search portal maintained by the Probate Court. The County Clerk's Office also provides an online repository for free access to court records maintained by the Court of Common Pleas, including probate records. The basic criteria required to use these search tools are a case number and case party name.

While basic searches on these search portals may be free, requesting copies of the viewed documents or conducting extensive searches usually attract extra charges. Also, certified copies of records usually cost more than regular copies.

How Long Does Probate Take in Ohio?

The length of probate in Ohio depends on the complexities involved in the case. For simple cases where no tax return is required, probate may last between 6 to 9 months. In cases where the Will execution requires the payment of state or federal taxes, probate may last as long as a year. Filing a petition to contest a will may also influence the length of time required for probate to be processed. Some factors that generally influence the length of a Will’s execution include:

• The Estates’ size, value, and complexity
• Debts and unfiled tax returns
• The compliance and resoluteness of entitled entities involved in the process
• The schedule of the court
• The existence of a Will contest.

Are Wills Public Record?

It depends. In Ohio, Wills that have undergone probate or filed in a probate court may be considered public records as long as they are not exempt by law. However, Wills deposited to the judge of the probate court for safekeeping will not be publicly available until the death of the testator or an application is filed to probate it. In cases where a will is being contested or the validity of the will is questionable, such a will may not be available to the public until the judge disposes of it.

How to Find Out If Someone Has a Will

Wills are not generally available to the public unless the testator dies and the will is filed for probate or deposited with the probate court. Concerned persons may query the probate court to search for an individual’s will if available. In cases where the Will is not in the custody of the court, requestors may need to contact the testator (if alive) or their assigned executor- usually the attorney who prepared the Will.

Franklin County Family Court Case Search

The Domestic Relations division of the Court of Common Pleas in Franklin County handles family court cases such as divorce, annulments, child support/custody, legal separations, and domestic violence. Family Court case records are usually sensitive and not available to the public unless by court order.

Due to the nature of family case records, online access via Case Information Online (the Clerk's online repository for court records) is not available. Persons in search of Franklin County family court case records may need to visit the Domestic Relations division in person to retrieve them. It is important to note that fees may apply, and requestors may be asked to provide search criteria like a litigant’s name, the case number, or the filing date.