Form 2.2, Notice of Probate of Will, is the notice used in the Probate Court of Stark County, Ohio, to tell a surviving spouse, would-be heirs and named legatees and devisees that a decedent's will has been admitted to probate. It is one of the Stark County Probate Court forms in the Decedent's Estate group and cites R.C. 2107.19(A). On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original is published by the court at starkcountyohio.gov.
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What is 2.2?
Form 2.2, Notice of Probate of Will, is the Probate Court of Stark County, Ohio form that tells interested persons that the decedent's will was admitted to probate, and it records the dates of death and of admission.
The form is captioned with the estate name and case number and cites R.C. 2107.19(A). Its text states that the decedent died on a given date and that the will was admitted to probate by the court, located at 110 Central Plaza South, Suite 501, Canton, Ohio 44702-1413, on a given date. The notice is given to all persons who would be entitled to inherit from the decedent had the decedent died intestate, and to all legatees and devisees named in the will who do not waive notice.
The recipient's capacity is shown by checking the boxes that apply: the surviving spouse, a person who would be entitled to inherit had the decedent died intestate, or a legatee or devisee named in the will. The notice also states the period for contesting the will.
On the court's forms list it sits beside Form 2.0, Application to Probate Will, Form 2.1, Waiver of Notice of Probate of Will, and Form 2.4, Certificate of Service of Notice of Probate Will. It is a notice, not the application to admit the will.
Who needs to file 2.2?
The person who sends the notice completes and signs Form 2.2. The signature block lists who may sign, marked by a box:
- the fiduciary;
- the applicant for the admission of the will to probate;
- the applicant for a release from administration;
- another interested person;
- an attorney for any of the above, who also enters an Attorney Registration No.
The people who receive the notice are those named under To: on the form: the surviving spouse, any person who would be entitled to inherit from the decedent had the decedent died intestate, and legatees and devisees named in the will who do not waive notice. A recipient who waives notice is not sent this notice; the court lists a separate Form 2.1, Waiver of Notice of Probate of Will, for that purpose.
The form belongs to estates where a will has already been admitted to probate in the Probate Court of Stark County, Ohio. It is not the application for admitting a will, which is Form 2.0, Application to Probate Will.
When to file 2.2
The triggering event is the admission of the decedent's will to probate: the form states the date on which the court admitted the will, so it is prepared after that date. The form prints no separate deadline for giving the notice.
Timing matters to the recipients because of the contest period printed on the form. After a certificate is filed evidencing any notices given, an action to contest the validity of the will must be filed no more than three months after the filing of the certificate 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 list names Form 2.4, Certificate of Service of Notice of Probate Will, among the estate forms.
How to fill out 2.2
Enter the estate and case number
At the top, write the decedent's name after ESTATE OF and the case number after CASE NO.
List the people being notified
Under To:, enter the name and address of each person receiving the notice. The form gives three lines.
Enter the date of death
In the first sentence, fill in the date on which the decedent died, with the month and day and then the year.
Enter the date the will was admitted
Fill in the date on which the court admitted the will to probate, with the month and day and then the year.
Check the recipient's capacity
Check each box that applies: The Surviving Spouse, a person entitled to inherit had the decedent died intestate, or a legatee or devisee named in the will.
Date the notice
Enter the date on the line marked Date at the bottom left.
Mark who is signing
Check the box that describes the signer: Fiduciary, Applicant for the admission of this will to probate, Applicant for a release from administration, Other interested person, or Attorney for any of the above.
Add name, address and phone
Enter the typed or printed name, the address, and the phone number with area code. If an attorney signs, also enter the Attorney Registration No.
Review, sign and download the PDF
Check the dates and the names, sign, then download or print the completed PDF from FillingPDF. Deliver it as the court directs; the court's Form 2.4 certificate records the notices given.
How to submit 2.2
Form 2.2 is a notice addressed to the persons named under To: on the form. The form prints no delivery method, filing address or fee for it. It says that a certificate evidencing any notices given is filed afterward, and the court's forms list names Form 2.4, Certificate of Service of Notice of Probate Will, among its estate forms.
The form gives the court's location as the Probate Court of Stark County, 110 Central Plaza South, Suite 501, Canton, Ohio 44702-1413. For how the court wants the notice and the certificate delivered or filed, check the court's forms page at https://www.starkcountyohio.gov/government/legal_judicial/probate_court/forms.php or contact the court.
FillingPDF lets you fill out and download the PDF; submission follows the channels the court uses.
Common mistakes to avoid
- Leaving the estate name or the CASE NO. blank, so the notice is not tied to the estate in the Probate Court of Stark County.
- Not checking any box for the recipient's capacity (surviving spouse, would-be heir, or legatee or devisee), when the form says to check all that apply.
- Addressing the notice to people outside the groups the form names, instead of those who would inherit on intestacy and the legatees and devisees named in the will.
- Skipping the signer's capacity box (fiduciary, applicant, other interested person or attorney).
- Signing as an attorney without entering the Attorney Registration No.
- Stating the contest period wrongly: three months applies to decedents who die on or after January 1, 2002, and four months to those who die before that date.
- Entering the date of death where the date the will was admitted to probate belongs, or the reverse.
- Sending this notice to a legatee or devisee who has waived notice instead of using the waiver route in Form 2.1.
Frequently asked questions
What is Form 2.2, Notice of Probate of Will?
It is the Probate Court of Stark County, Ohio form that notifies interested persons that a decedent's will was admitted to probate. It states the date of death and the date of admission, cites R.C. 2107.19(A), and gives the period for contesting the will.
Who receives the Notice of Probate of Will in Stark County?
The form says it is given to all persons who would be entitled to inherit if the decedent had died intestate, and to legatees and devisees named in the will who do not waive notice. The surviving spouse is also a listed recipient category.
How long do I have to contest a will after this notice?
The form says a contest must be filed no more than three months after the certificate evidencing the notices is filed, for decedents who die on or after January 1, 2002. For decedents who died before that date, the limit is four months after the certificate.
Who signs Form 2.2?
The signature block lets the fiduciary, the applicant for admission of the will to probate, the applicant for a release from administration, another interested person, or an attorney for any of them sign. An attorney also enters an Attorney Registration No.
What is the difference between Form 2.1 and Form 2.2?
Form 2.2 is the notice itself. Form 2.1 is the Waiver of Notice of Probate of Will, listed separately by the Stark County Probate Court, for a person who waives notice. The form says the notice goes to legatees and devisees who do not waive.
What is Form 2.4 and how does it relate to Form 2.2?
Form 2.4 is the Certificate of Service of Notice of Probate Will on the court's forms list. Form 2.2 says the contest period runs from the filing of a certificate evidencing the notices given.
Can I fill out the Stark County probate notice of will online?
Yes. You can fill out the fillable PDF of Form 2.2 online on FillingPDF and download or print it. FillingPDF is independent of the court and does not file or deliver the notice; that follows the court's own channels.
Where is the Stark County Probate Court?
The form prints the court's location as 110 Central Plaza South, Suite 501, Canton, Ohio 44702-1413. The Stark County Probate Court publishes its estate forms, including Form 2.2, on its forms page at starkcountyohio.gov.
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