Form 2.1, Waiver of Notice of Probate of Will, is a Probate Court of Stark County, Ohio form on which persons entitled to notice of the probate of a will state that they waive that notice. It is one of the Stark County probate forms in the court's decedent's estate section and cites R.C. 2107.19(A)(2). On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the court publishes the original at the official link on this page.
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What is 2.1?
Form 2.1, Waiver of Notice of Probate of Will is the Probate Court of Stark County, Ohio form on which the persons entitled to notice of the probate of a will sign to waive that notice. The form cites R.C. 2107.19(A)(2).
The page is headed with the estate name ("ESTATE OF ... , DECEASED") and a case number, so it belongs to an estate case already identified in the court. The body is a single statement: the undersigned, being persons entitled to notice of the probate of the will, waive such notice. Below it are blank lines, in two columns, for the signers.
The form also states what follows the waiver. After a certificate is filed evidencing these waivers and any notices given, any action to contest the validity of the will must be filed within a fixed period. That period is no more than three months after the certificate is filed for estates of decedents who die on or after January 1, 2002, and no more than four months after the filing of the certificate for estates of decedents who die before January 1, 2002.
The court's forms page lists this form as number 2.1 in its decedent's estate series, beside Form 2.0, Application to Probate Will, Form 2.2, Notice of Probate of Will, and Form 2.4, Certificate of Service of Notice of Probate Will. The printed edition date is 12/01/2002.
Who needs to file 2.1?
The form is signed by the persons entitled to notice of the probate of the will who choose to waive that notice. The form's own wording is "the undersigned, being persons entitled to notice of the probate of this will", so every person who signs is declaring that status.
The form gives room for up to twenty entries: ten lines in each of two columns. Anyone who is entitled to notice and does not sign is not covered by the waiver.
Because the waiver triggers the contest period described on the form, a signer should read the paragraph above the signature lines before signing. The form does not state who may sign on behalf of another person, and it does not say who counts as entitled to notice; for those questions, ask the Stark County Probate Court or consult R.C. 2107.19.
The court lists separate waiver forms for other steps in an estate, for example Form 4.3, Waiver of Right to Administer, and Form 5.2, Waiver of Notice to Relieve Estate. Form 2.1 is the waiver for notice of probate of a will only.
When to file 2.1
The form is used when a will is being probated and persons entitled to notice of that probate decide to waive the notice. No separate due date is printed on it.
What the form does set is the contest period that runs from the filing of a certificate evidencing the waivers and any notices given. An action to contest the validity of the will must be filed no more than three months after the certificate is filed for decedents who die on or after January 1, 2002, and no more than four months after for decedents who die before January 1, 2002. The date of the decedent's death therefore decides which period applies.
How to fill out 2.1
Open the court's Form 2.1
Use the Stark County Probate Court's Form 2.1, Waiver of Notice of Probate of Will (printed 12/01/2002), so the wording and the R.C. 2107.19(A)(2) citation match the court's version.
Enter the name of the estate
On the line "ESTATE OF ... , DECEASED", write the decedent's name as it appears in the estate case.
Enter the case number
On the line "CASE NO.", write the number the Probate Court assigned to the estate.
Read the waiver statement
The statement says the undersigned are persons entitled to notice of the probate of the will and waive that notice. It also sets the three-month or four-month period to contest the will after the certificate is filed.
Confirm which contest period applies
The period depends on whether the decedent died on or after January 1, 2002 (three months) or before that date (four months). Check this before anyone signs.
Complete the signature lines
Each person entitled to notice who is waiving it signs on one of the blank lines below the statement. There are ten lines in each of two columns.
Review and download the PDF
Check the estate name, case number and every signature line. Download or print the completed PDF from FillingPDF and deliver it through the Probate Court's channels described under How to submit.
How to submit 2.1
The form prints no mailing address, portal or filing instruction. It carries the heading "Probate Court of Stark County, Ohio" and a case number line, so the completed waiver goes to that court under the estate's case number.
The Stark County Probate Court publishes the form on its forms page at https://www.starkcountyohio.gov/government/legal_judicial/probate_court/forms.php, where the other estate forms are listed. Ask the court directly how it accepts filings and in what order the related forms are filed.
The form includes a Print Form button. FillingPDF lets you fill out and download the PDF; submission follows the court's own channels.
Common mistakes to avoid
- Leaving the estate name or the case number blank; the form is headed "Estate of ... , Deceased" and "Case No." and belongs to a specific estate case.
- Signing without reading the contest-period paragraph; once a certificate evidencing the waivers is filed, the three-month or four-month window to contest the will begins.
- Applying the wrong contest period: three months applies to decedents who die on or after January 1, 2002, four months to those who die before that date.
- Using Form 2.1 for a different waiver, such as Form 4.3, Waiver of Right to Administer, or Form 5.2, Waiver of Notice to Relieve Estate; this form waives notice of probate of a will only.
- Having someone sign who is not a person entitled to notice of the probate of the will; the form says "the undersigned, being persons entitled to notice."
- Running out of signature lines; the form has ten lines in each of two columns, so more signers need another copy.
Frequently asked questions
What is Form 2.1, Waiver of Notice of Probate of Will?
It is a Probate Court of Stark County, Ohio form on which persons entitled to notice of the probate of a will waive that notice. It cites R.C. 2107.19(A)(2) and is headed with the estate name and case number.
How long do I have to contest a will after signing the waiver?
After a certificate evidencing the waivers is filed, a will contest must be filed no more than three months later for decedents who die on or after January 1, 2002, and no more than four months later for those who die before that date.
Who signs the Stark County probate waiver of notice?
The persons entitled to notice of the probate of the will who are waiving that notice. The form refers to them as "the undersigned, being persons entitled to notice of the probate of this will" and provides lines for their signatures.
Can I fill out Form 2.1 online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is independent of the Stark County Probate Court and does not file the form; you deliver it through the court's own channels.
Which other Stark County probate forms are listed near Form 2.1?
The court's forms page lists Form 2.0, Application to Probate Will, Form 2.2, Notice of Probate of Will, and Form 2.4, Certificate of Service of Notice of Probate Will in the same decedent's estate series.
What revision of Form 2.1 does the Stark County Probate Court use?
The PDF prints "FORM 2.1 – WAIVER OF NOTICE OF PROBATE OF WILL 12/01/2002" as its edition line. The court's forms page for Stark County probate is the place to check whether a newer version is posted.
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