In Ohio, a Probate Court Judge is an elected judicial officer who presides over the Probate Division of the Court of Common Pleas, handling matters related to estates, wills, guardianships, adoptions, and mental health commitments. Each of Ohio’s 88 counties has one Probate Court Judge, governed by Ohio Revised Code (ORC) 2101.01–2101.52. Here’s a detailed breakdown of a Probate Court Judge’s duties:
- Estate Administration
- Oversee the probate of wills and administration of estates for deceased persons, ensuring assets are distributed per the will or state law (ORC 2101.11).
- Example: Validate a will and appoint an executor for a deceased resident’s estate.
- Guardianships and Conservatorships
- Appoint and supervise guardians for minors or incapacitated adults, ensuring their welfare.
- Example: Approve a guardian for an elderly person with dementia.
- Adoptions
- Preside over adoption proceedings, ensuring legal requirements are met and the child’s best interests are served (ORC 3107.14).
- Example: Finalize an adoption for a foster child.
- Mental Health Commitments
- Order involuntary commitments for individuals with mental health issues posing a danger to themselves or others (ORC 5122.11).
- Example: Hold a hearing to determine if a person requires hospitalization.
- Marriage Licenses and Name Changes
- Issue marriage licenses and approve legal name changes.
- Example: Grant a petition for an adult to change their name.
- Trust Oversight
- Supervise trusts established under wills or court orders, ensuring proper management.
- Example: Review a trustee’s financial report for compliance.
- Court Administration
- Manage the probate court’s docket, staff, and budget, ensuring efficient operations.
- Example: Implement an e-filing system for probate cases.
- Ensuring Legal Compliance
- Uphold Ohio and U.S. constitutional law, ensuring fair proceedings and adherence to the Ohio Code of Judicial Conduct.
- Example: Dismiss a contested will due to improper execution.
Probate Court Judges in Ohio serve 6-year terms and are elected in even-numbered years (e.g., 2026, 2032), with elections staggered across counties. The role is full-time in larger counties and part-time in smaller ones, requiring legal expertise.
How to Run for Probate Court Judge in Ohio: Requirements and Steps
Probate Court Judge elections occur in even-numbered years, on the first Tuesday after the first Monday in November. Below is a guide tailored to a November 3, 2026, election (the next likely cycle for some counties, as terms are staggered), with a 6-year term starting January 1, 2027. Confirm with your county board of elections, as only one probate judge seat exists per county, and election timing depends on the incumbent’s term.
Eligibility Requirements
- Age: At least 18 (Ohio Constitution, Article IV, Section 6); typically older due to experience requirements.
- Residency: Live in the county at the time of election (ORC 2101.02).
- Voter Registration: Be a registered voter in the county.
- No Conflicts: No felony convictions; must adhere to judicial ethics (Ohio Code of Judicial Conduct).
- Qualifications (ORC 2101.02):
- Licensed attorney admitted to the Ohio Bar.
- At least 6 years of active law practice in Ohio (or equivalent judicial experience) by the time of taking office.
Steps to Run for Office
- Research Local Rules
- Confirm if your county’s probate judge seat is up in 2026 (check incumbent’s term end).
- Review the Ohio Candidate Requirement Guide and judicial election rules.
- Contact your county board of elections (e.g., Cuyahoga County for Cleveland).
- Resource: Ohio SOS Elections Page
- Timeline: Start now (April 2025) for 2026.
- Declare Candidacy and File Paperwork
- File a Declaration of Candidacy and nominating petition (Form 3-J for judicial races, nonpartisan) with your county board.
- Appoint a campaign treasurer and open a bank account.
- Resource: SOS Forms: Candidate Petitions
- Deadline: File by 4 p.m., 90 days before the primary (e.g., February 4, 2026, for May 5, 2026, primary).
- Collect Signatures
- Gather signatures from registered county voters:
- Typically 50–150 signatures (e.g., Hamilton County requires 50 per local rules).
- Larger counties may require more (check county board).
- Use Form 3-J for judicial races.
- Deadline: February 4, 2026. Collect extra signatures for safety.
- Gather signatures from registered county voters:
- Pay Filing Fees (If Required)
- Fees ~$50–$100, waiveable with sufficient signatures in some counties.
- Deadline: Same as petition filing (February 4, 2026).
- Campaign Finance Registration
- Register with your county board if raising/spending funds.
- File reports per ORC 3517.10, adhering to judicial campaign limits (Ohio Code of Judicial Conduct restricts fundraising).
- Resource: Ohio Campaign Finance Handbook
- Deadline: Register before fundraising (e.g., summer 2025); pre-primary report due ~April 6, 2026.
- Primary Election
- Nonpartisan primaries occur if more than two candidates file for the seat.
- Date: May 5, 2026 (first Tuesday after first Monday).
- Smaller counties may skip primaries if only two or fewer candidates file.
- Campaigning
- Build a platform (e.g., “compassionate estate rulings” or “efficient probate process”).
- Engage voters via bar associations, community events, or mailers—emphasize fairness and expertise.
- Follow judicial campaign rules (e.g., no promises on case outcomes).
- Timeline: Start post-primary (June 2026), peak in fall (September–October 2026).
- General Election
- Appear on the ballot countywide (nonpartisan).
- Date: November 3, 2026.
- Resource: Ohio Election Calendar
- Post-Election
- If elected, take office (typically January 1, 2027).
- File final finance reports.
- Deadline: 30–60 days post-election (e.g., December 2026–January 2027).
Hypothetical 2026 Timeline (November 3 Election)
- April–June 2025: Research seat availability, verify 6-year Ohio Bar practice.
- July–December 2025: Plan platform, collect signatures.
- January 2026: Finalize signatures.
- February 4, 2026: File petitions by 4 p.m.
- April 6, 2026: File pre-primary finance report.
- May 5, 2026: Primary election (if needed).
- June–October 2026: Campaign; file pre-general report (~October 3).
- November 3, 2026: Election Day.
- January 1, 2027: Take office.
Ohio-Specific Resources for Probate Court Judge Candidates
- Ohio Secretary of State: Election forms and rules.
- County Boards of Elections: Filing and seat details.
- Ohio Judicial Conference: Probate court insights.
- Ohio State Bar Association: Bar status and judicial ethics.
Probate Court Judge races are nonpartisan, emphasizing legal expertise and compassion.