Probate Court

Jurisdiction

The Ohio Revised Code places over two hundred separate duties upon the Fayette County Probate Court. Those duties range from issuing marriage licenses to overseeing testamentary trusts valued in millions of dollars.

Duties

  • Administration of estates
  • Wills
  • Consent for medical treatment
  • Guardianships
  • Conservatorships
  • Mental illness and mental retardation
  • Adoptions
  • Birth certificates, registration, and correction
  • Changes of names
  • Marriage licenses
  • Land appropriations
  • Testamentary and inter vivos trusts
  • Appointments to boards and commissions

Marriage Law Changes

The Fayette County Probate Court issues marriage licenses to Fayette County, Ohio residents who wish to marry within the State of Ohio, and for those out-of-state residents wishing to marry in Fayette County, Ohio.

Each applicant needs to read the Marriage License Requirements (PDF) before trying to obtain a Marriage License from our Court. You may also download the Marriage Application Information Sheet (PDF).

Notice

  • Local Rules (PDF) are reviewed by the Fayette County Bar Association, adopted by the Fayette County Probate Court, and filed with the Supreme Court of Ohio on or before February 1st annually.
  • Please be advised that the Court may make changes at any time. You are encouraged to check with the Probate Court or the Supreme Court of Ohio to determine if there have been any interim changes.

History

Probate Divisions

Formerly probate was handled by separate probate courts under the Ohio Constitution of 1851, which had original jurisdiction over the probate of wills, supervision of the administration of estates, and guardianship. In 1968, the Modern Courts Amendment to the Ohio Constitution was adopted, establishing probate divisions of the courts of common pleas instead. Probate courts additionally have jurisdiction over the issuance of marriage licenses, adoption proceedings, determination of sanity or mental competency, and certain eminent domain proceedings. Probate judges may also act as marriage officiants and charge a fee for the service.

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