Ohio § 2109.50

§ 2109.50.

Upon complaint made to the probate court of the county having jurisdiction of the

administration of an estate, a testamentary trust, or a guardianship or of the county

where a person resides against whom the complaint is made, by a person interested

in the estate, testamentary trust, or guardianship or by the creditor of a person

interested in the estate, testamentary trust, or guardianship against any person suspected

of having concealed, embezzled, or conveyed away or of being or having been in the

possession of any moneys, personal property, or choses in action of the estate, testamentary

trust, or guardianship, the court shall by citation or other judicial order compel

the person or persons suspected to appear before it to be examined, on oath, touching

the matter of the complaint.  If necessary, the citation or other judicial order may be issued into any county

in the state and shall be served and returned by the officer to whom it is delivered.  The officer to whom the process is delivered shall be liable for negligence in its

service or return in a similar manner as sheriffs are liable for negligence in not

serving or returning a capias issued upon an indictment.  Before issuing an extra-county citation or other judicial order, the probate judge

may require the complainant to post security with the probate court in an amount and

in a form that the probate judge finds acceptable in order to cover the costs of the

proceeding under this section, including in those costs a reasonable allowance for

the travel expenses of the person or persons against whom an extra-county citation

or other judicial order is to be issued.  The security may be in the form of a bond, the amount, terms, conditions, and sureties

of which shall be subject to the approval of the probate judge. The probate court may initiate proceedings on its own motion. The probate court shall promptly proceed to hear and determine the matter. The examinations, including questions and answers, shall be reduced to writing, signed

by the party examined, and filed in the probate court. If required by either party, the probate court shall swear the witnesses who are offered

by either party touching the matter of the complaint and cause the examination of

every witness, including questions and answers, to be reduced to writing, signed by

the witness, and filed in the probate court. All costs of the proceedings, including the reasonable travel expenses of a person

against whom an extra-county citation or judicial order is issued, shall be assessed

against and paid by the party making the complaint, except as provided by section 2109.52 of the Revised Code .