Declaratory Judgment Actions Relating to the Administration of an Estate Are Within the Exclusive Jurisdiction of the Probate Court

Patterson v. Church, 8th Dist. App. No. 99159, 2013 Ohio 1906. One of a decedent's children filed a claim against her brother for tortious interference with expectancy of inheritance and declaratory judgment to invalidate certain inter vivos transfers of personal and real property in the general division of the court of common pleas. If the Inter vivos transfers had not been made, the assets would have properly belonged to the decedent's Estate. The general division dismissed the claim with prejudice for lack of subject matter jurisdiction. On appeal, the plaintiff cited cases from the Fourth District and the Fifth District in which the courts held that declaratory judgment actions relating to the administration of an estate were within the exclusive jurisdiction of the probate court pursuant to R.C. 2101.24(A)(1)(l) and R.C. 2721.05(C) in support of his argument that the general division has subject matter jurisdiction to hear his claims. The cases cited by plaintiff were distinguished and the appellate court affirmed the dismissal and ordered that the lower court enter it without prejudice.