Ohio Code § 5309.16

Ohio Code § 5309.16. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5309.16.

The answer day of the notice set forth in section 5309.15 of the Revised Code shall be the third Saturday after the publication is completed.  The probate court or the court of common pleas shall within seven days after the

first publication of said notice in a newspaper, cause a copy of such published notice

to be served on the defendants by registered letter, mailed by the clerk of the probate

court or the clerk of the court of common pleas, with a five day return card thereon,

to every defendant named in said notice whose address is given or known. The court shall cause a copy of the notice attested by the clerk to be posted by the

sheriff in a conspicuous place on each parcel of land included in the application,

at least fourteen days before the answer day of such notice.  Such sheriff's return shall be proof of such posting.  The court may cause additional notice of the application to be given or additional

persons to be made parties and served as provided by law in civil actions.  The court shall, so far as it considers it possible, require proof of actual notice

to all adjoining owners and to all persons resident of the state who appear to be

in possession or occupancy of, or to have any interest in or claim to, or lien or

charge upon the land, or any part thereof, included in the application.  If any registered letter containing such published notice, mailed by the clerk to

a defendant named as a resident of the state, is returned undelivered, such notice

shall be remailed by the clerk to any other address of such party of which the plaintiff

is able to learn and which he shall designate by amendment of his application filed

in the case.  If there is no other address, or if said letter is again returned undelivered, the

clerk shall thereupon, on the praecipe of the plaintiff, issue summons for such defendant

as in other cases.  Such summons shall be directed to the sheriff of each of the counties in which the

plaintiff, in his application or any amendment thereof, states that such defendant

resides.  Such summons shall have attached thereto an attested copy of said published notice.  If said summons and notice are returned unserved because the defendant cannot be

found, then such defendant may be regarded as having been served by such published

notice as a person whose place of residence and post-office address are unknown.  In all cases, whether of original registration or subsequently arising in any way

in reference to registered land or any interest in or lien or charge upon it, in which

notice is required or may be ordered by the court to be given to parties by the clerk

by publishing or mailing, or both, the certificate of the clerk, stating that he has

served the notices as required or as directed by the court and stating which of the

letters mailed by him containing said notices have been returned to him undelivered,

shall be filed in the case before any order or decree is taken or made and shall be

proof of such service.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 5309.16
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

What is the source of Ohio Revised Code § 5309.16?

The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 5309.16 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 5309.16 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

Can this page be used as legal advice?

No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.