Probate Court Approval of an Ohio Wrongful Death Settlement

When a wrongful death claim settles, families sometimes expect a check to arrive in the mail. In Ohio, there is one more step first. The probate court that appointed the personal representative must approve the settlement and decide how the money is divided among the family. Until the court signs that order, the settlement is not final.

This step protects your family, especially children and relatives who are not at the negotiating table. It can feel personal, because the court weighs each person's loss. This chapter explains what happens, so the hearing holds no surprises. It assumes an estate is already open; if not, start with Do You Need to Open an Estate?

Why the probate court must approve

Ohio law lets a personal representative settle a wrongful death claim, before or after a lawsuit is filed, only "with the consent of the court making the appointment" (R.C. 2125.02(E)). After the money is received, the court that appointed the personal representative oversees how it is distributed to the beneficiaries (R.C. 2125.03(A)(1)).

The court keeps that authority even if every family member agrees in writing. Ohio's rule says that notwithstanding waivers and consents, "the court shall retain jurisdiction over the settlement, allocation, and distribution of the claims" (Civ.R. 73.20(B)).

A note on rule numbers: until June 30, 2026, this procedure was in Rule 70 of the Rules of Superintendence. Effective July 1, 2026, the Supreme Court of Ohio moved the probate rules into the Rules of Civil Procedure, and the wrongful death settlement rule is now Civ.R. 73.20. Older articles, local rules and even the wrongful death statute still refer to "Sup.R. 70."

The application

The personal representative, usually through the family's lawyer, files Form 14.0, Application to Approve Settlement and Distribution of Wrongful Death and Survival Claims. The rule requires a statement of facts, the amount allocated to the wrongful death claim, any amount allocated to the survival claim, and the proposed distribution of the wrongful death proceeds (Civ.R. 73.20(A)). It must also state the attorney fee arrangement (Civ.R. 73.20(C)).

Form 14.0 lists what may come out of the gross settlement before the family's shares are figured:

• Reasonable funeral and burial expenses
• Reasonable compensation for the fiduciary's services, with an itemization
• Outstanding hospital and medical bills, and claims for reimbursement of medical bills paid by others
• The attorney fee and case expenses, with a copy of the fee contract

Our guide chapter on liens, taxes and benefits explains common medical liens.

What Montgomery County adds

Montgomery County's local rule and checklist require, along with Form 14.0 (Mont. Co. P.C.R. 70.1):

• A local form listing the parents and "other next of kin" (Mont. Co. P.C.F. 14.4), even if they already appear on the estate's family list
• A narrative statement, including what caused the death and whether your loved one experienced pain and suffering, the amounts allocated to each claim, the expenses to be paid, and the reasons for the proposed division
• The attorney fee agreement, and an application to approve it if needed
• Signed Form 14.1, Waiver and Consent Wrongful Death and Survival Claims, from family members who agree, or notice to those who do not sign
• A proposed Form 14.2, Entry Approving Settlement and Distribution of Wrongful Death and Survival Claims
• For deaths on or after April 4, 2023, a verification that the fiduciary searched the court's records for any notice of claim filed by other next of kin (Mont. Co. P.C.F. 14.6)

Who gets notice

The representative must give written notice of the hearing and a copy of the application to every interested person who has not waived (Civ.R. 73.20(B)). Who counts as "interested" changed in 2023. For deaths on or after April 4, 2023 (R.C. 2125.02(B)):

• The surviving spouse, children and parents are always interested persons.
• If the settlement application is filed within two years after the death, all other next of kin are interested persons too. "Other next of kin" means the nearest surviving relatives after the spouse, children and parents (R.C. 2125.02(I)(7)).
• If the application is filed more than two years after the death, other next of kin are interested persons only if they filed a written notice of claim with a probate court within two years after the death. Montgomery County's form for that is Mont. Co. P.C.F. 14.5.

Montgomery County requires notice at least seven days before the hearing (Mont. Co. P.C.R. 70.1(E)), and its checklist calls for certified mail or a signature-required carrier, with proof filed at least seven days before the hearing.

The hearing

Montgomery County sets every initial wrongful death settlement application for hearing (Mont. Co. P.C.R. 70.1(F)). The court reviews whether the settlement is fair, how it is split between the wrongful death and survival claims, the fees and expenses, and the proposed division among the family. The court may also appoint a guardian ad litem, an independent person who looks out for someone's interests in the case (Mont. Co. P.C.R. 70.1(H)).

How the family's shares are decided

The wrongful death recovery goes to the beneficiaries described in our chapter on who can bring a claim. The statute does not set fixed percentages. Instead (R.C. 2125.03(A)(1)):

• If all beneficiaries are in an equal degree of relationship to the person who died (for example, all are children), they may agree among themselves how to divide it. If they do not agree, the court decides.
• Otherwise, the court adjusts each share "in a manner that is equitable," considering each person's injury and loss from the death and their age and condition.

The money for funeral and burial expenses goes to the personal representative to pay or reimburse those expenses (R.C. 2125.03(B)). The amount allocated to the survival claim becomes an asset of the estate and is handled through the estate (Form 14.2).

A parent found by the court to have abandoned a deceased minor child cannot receive any of the wrongful death recovery (R.C. 2125.02(A), (G); R.C. 2125.03(A)(3)).

Attorney fees

Counsel fees in a wrongful death settlement are subject to the court's approval (Civ.R. 73.20(C)). Ohio's rule calls for an application to approve a contingent fee contract before the fiduciary signs it, unless a local rule says otherwise (Civ.R. 73.21(I)). Montgomery County's local rule allows the court to approve contingent fees up to stated percentages at the settlement hearing without prior approval, and says the court reviews the reasonableness of fees and costs in every case (Mont. Co. P.C.R. 71.1(C)). That same rule provides that fees for probate or local counsel's work on the wrongful death claim and its settlement are paid out of the recovery received by the trial lawyer, unless the court orders otherwise.

After approval: paying out and reporting

The court's entry authorizes the representative to sign the release and directs how the money is paid. Children's shares are handled under special rules described in Minors and Distribution.

The representative then files Form 14.3, Report of Distribution of Wrongful Death and Survival Claims, with proof of each payment. The statewide entry form directs a report within thirty days. Montgomery County's local rule allows sixty days (Mont. Co. P.C.R. 70.1(G)). Follow the deadline written in your entry, and if in doubt, file sooner.

If the report shows nothing left in the estate and the last inventory or account also shows no assets, Montgomery County may close the estate and discharge the fiduciary without a further account (Mont. Co. P.C.R. 70.1(G)). See Closing the Estate.

Why this is a step for a lawyer

The settlement hearing is where allocation, liens, fees, minors' shares and family disagreements come together. The statement of facts and the proposed division are legal arguments. This is one of the clearest places in the process to have a lawyer at your side.

Common questions