Probate

 Special Note: Our holdings for the Licking County Probate Court are listed below, for more recent Probate Court records and/or certified records please contact Licking County Probate Court. Their website can be found under the Agencies/Departments tab above.

A Brief History:

Prior to Ohio’s induction into the Union in 1803, the governor of the Northwest territory along with the judges of the General Court served as a legislative body for the territory until 1798. In 1788 the territorial legislative body established Probate Courts for each county of the Northwest Territory. Ohio’s 1802 constitution consolidated the courts, transferring the territorial probate court’s authority to the court of common pleas, without creating a specified division. When Ohio drafted its new constitution in 1851, probate courts were separated from the court of common pleas. In 1912 a constitutional amendment gave county voters the option to combine probate court with the court of common pleas. Eventually in 1969 probate court became a dedicated division of the court of common pleas. As per the Ohio Revised Code, Licking County’s population size allows it to combine the probate and juvenile divisions of the court of common pleas, meaning that the divisions share the same judge.   

Probate Function:

The probate division of the Licking County Court of Common Pleas is a unique court that handles a wide range of legal matters, hearing over two hundred distinct kinds of cases. In particular, the probate division has jurisdiction over cases including, but not limited to: the administration of decedent’s estate; consent for medical treatment; the appointment of guardians for minors and incapacitated adults, and supervision of their property; civil involuntary commitments of the mentally ill; adoptions; birth record corrections and registrations; changes of name; issuance of marriage licenses; supervision of testamentary trusts created by will; will constructions and contests; and land appropriations. While there are restrictions on the public accessibility of certain probate records such as: adoptions and the involuntary hospitalization of the mentally ill, probate records are available for public use. The wide range of publically accessible records generated by the probate division, makes them an ideal research tool for those interested in genealogy, history and legal precedent.

Licking County Records & Archives Center Holdings:

Today some of the historical and necessary permanent records associated with the probate division are being maintained by the Licking County Records & Archives Center. Sadly a fire in 1875 destroyed many of the early court records for Licking County, though some pre-1875 did survive. Additionally, some records such as adoptions, medical and certain other probate files are restricted. For official/certified Probate Court records, please contact Licking County Probate/Juvenile Courts (Phone:740-670-5624).