Probate divisions – Formerly probate was handled by separate probate courts under 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 sanityormental competency and certain eminent domain proceedings. Probate judges may also act as marriage officiants and charge a fee for the service.
Judges of the court of common pleas are elected to six-year terms on a nonpartisan ballot, although candidates may choose to run in partisan primary elections. In order to be appointed or elected to the court, a person must be an attorney with at least six years of experience in the practice of law.