Lawsuit for Fraud, Conspiracy, and Negligence Within Probate Court's Exclusive Jurisdiction

Estate of Dombroski v. Dombroski, 7th Dist. Case No. 14-HA-3, 2014-Ohio-5827. The appellate court upheld the general division dismissing a lawsuit for fraud, conspiracy to commit fraud, and negligence because it was within the probate court's exclusive jurisdiction pursuant to R.C. § 2101.24. The entire lawsuit addressed a summary release from administration in the probate court, and the damages sought were based upon whether the estate should have been distributed differently pursuant to various probate laws. Even though the appellants framed their remedy as damages for the torts of fraud or negligence in the procurement of the summary release, the Seventh District adopted the position that a probate court can award monetary damages and concluded that the case fell within the probate court's exclusive jurisdiction over summary releases and estate administration.