2011 Ohio Revised Code
Title [21] XXI COURTS - PROBATE - JUVENILE
Chapter 2107: WILLS
2107.082 [Effective Until1/13/2012] Service of process for hearing on petition for judgment declaring validity of will.
Service of process in an action authorized by section 2107.081 of the Revised Code shall be made on every party defendant named in that action by the following methods:
(A) By certified mail, or any other valid personal service permitted by the Rules of Civil Procedure, if the party is an inhabitant of this state or is found within this state;
(B) By certified mail, with a copy of the summons and petition, to the party at his last known address or any other valid personal service permitted by the Rules of Civil Procedure, if the party is not an inhabitant of this state or is not found within this state;
(C) By publication, according to Civil Rule 4.4, in a newspaper of general circulation published in the county where the petition was filed, for three consecutive weeks, if the address of the party is unknown, if all methods of personal service permitted under division (B) of this section were attempted without success, or if the interest of the party under the will or in the estate of the testator should the will be declared invalid is unascertainable at that time.
Effective Date: 01-01-1979
This section is set out twice. See also § 2107.082, as amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.
2107.082 [Effective1/13/2012] Service of process in action for judgment declaring validity of will
Service of process in an action authorized by section 2107.081 of the Revised Code shall be made on every party defendant named in the complaint filed under that section by the following methods:
(A) By certified mail, or any other valid personal service permitted by the Rules of Civil Procedure, if the party is an inhabitant of this state or is found within this state;
(B) By certified mail, with a copy of the summons and complaint, to the party at the party’s last known address or any other valid personal service permitted by the Rules of Civil Procedure, if the party is not an inhabitant of this state or is not found within this state;
(C) By publication, according to Civil Rule 4.4, in a newspaper of general circulation published in the county where the complaint was filed, for three consecutive weeks, if the address of the party is unknown, if all methods of personal service permitted under division (B) of this section were attempted without success, or if the interest of the party under the will or in the estate of the testator should the will be declared invalid is unascertainable at that time.
Amended by 129th General Assembly File No. 52, SB 124, § 1, eff. 1/13/2012.
Effective Date: 01-01-1979
This section is set out twice. See also § 2107.082, effective until 1/13/2012.
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